Sub. H. B. No. 119 As Pending in the Senate Finance and Financial Institutions Committee

As Pending in the Senate Finance and Financial Institutions Committee

127th General Assembly

Regular Session

2007-2008

Sub. H. B. No. 119

A BILL

To amend sections 9.30, 9.821, 9.822, 9.823, 9.83,

107.12, 107.40, 109.572, 109.93, 111.18, 117.11,

119.07, 120.33, 122.17, 122.171, 122.602, 122.652,

124.152, 125.01, 125.02, 125.021, 125.022,

125.023, 125.04, 125.041, 125.05, 125.06, 125.07,

125.071, 125.072, 125.073, 125.08, 125.081,

125.082, 125.09, 125.10, 125.11, 125.15, 125.18,

125.25, 125.30, 125.45, 125.93, 125.96, 125.97,

125.98, 126.07, 126.08, 126.16, 126.21, 126.22,

127.16, 131.44, 133.01, 149.311, 151.08, 151.40,

156.02, 164.03, 164.08, 164.09, 166.08, 173.04,

173.35, 173.85, 173.86, 174.03, 174.06, 183.01,

183.021, 183.17, 183.33, 183.34, 183.35, 305.31,

307.37, 307.672, 307.695, 307.98, 307.981, 308.04,

317.08, 319.202, 319.281, 319.54, 322.01, 323.131,

323.151, 323.152, 323.153, 323.154, 325.31,

329.04, 329.05, 329.14, 340.03, 505.37, 505.376,

505.705, 517.08, 519.12, 521.01, 711.05, 711.10,

711.131, 718.051, 718.13, 1306.20, 1306.21,

1347.06, 1503.05, 1504.02, 1506.01, 1506.99,

1513.08, 1513.18, 1514.081, 1514.40, 1521.01,

1521.20, 1521.21, 1521.22, 1521.23, 1521.24,

1521.25, 1521.26, 1521.27, 1521.28, 1521.29,

1521.99, 1531.06, 1531.35, 1555.08, 1557.03,

2113.041, 2117.061, 2117.25, 2151.362, 2913.40,

2921.42, 2927.023, 2935.03, 3109.04, 3109.041,

3119.022, 3119.023, 3119.27, 3119.29, 3119.30,

3125.12, 3301.0711, 3301.0714, 3301.0718,

3301.311, 3301.53, 3302.03, 3302.10, 3311.24,

3313.603, 3313.615, 3313.64, 3313.646, 3313.66,

3313.661, 3313.98, 3314.015, 3314.02, 3314.074,

3314.08, 3317.01, 3317.012, 3317.013, 3317.014,

3317.015, 3317.016, 3317.017, 3317.02, 3317.021,

3317.022, 3317.023, 3317.024, 3317.025, 3317.026,

3317.027, 3317.028, 3317.029, 3317.0216,

3317.0217, 3317.03, 3317.04, 3317.05, 3317.052,

3317.06, 3317.063, 3317.08, 3317.16, 3317.20,

3317.201, 3318.01, 3318.011, 3318.023, 3318.12,

3318.15, 3318.26, 3318.36, 3319.55, 3323.01,

3323.11, 3327.05, 3333.04, 3333.122, 3333.38,

3345.05, 3345.32, 3353.02, 3354.10, 3355.01,

3357.01, 3357.10, 3358.06, 3365.01, 3381.04,

3501.01, 3501.05, 3501.11, 3501.17, 3501.31,

3505.062, 3505.063, 3505.23, 3513.21, 3517.106,

3517.11, 3599.17, 3599.19, 3599.37, 3701.74,

3701.741, 3701.83, 3702.52, 3702.5211, 3702.5212,

3702.5213, 3702.57, 3702.68, 3704.03, 3704.14,

3705.24, 3709.09, 3709.091, 3721.51, 3721.541,

3721.56, 3734.57, 3735.672, 3743.17, 3743.19,

3743.25, 3745.11, 3745.75, 3767.41, 3769.087,

3770.03, 3770.06, 3905.36, 3923.281, 4141.09,

4301.20, 4301.24, 4301.43, 4303.03, 4503.06,

4503.061, 4503.064, 4503.065, 4503.066, 4503.067,

4503.10, 4503.102, 4503.35, 4505.06, 4511.101,

4513.263, 4513.35, 4715.251, 4717.07, 4723.621,

4723.63, 4723.64, 4723.65, 4723.66, 4731.142,

4731.22, 4735.10, 4735.141, 4736.01, 4743.05,

4755.03, 4766.05, 4775.08, 4921.40, 5101.141,

5101.162, 5101.21, 5101.211, 5101.212, 5101.213,

5101.24, 5101.242, 5101.244, 5101.27, 5101.51,

5101.571, 5101.572, 5101.58, 5101.59, 5101.802,

5101.98, 5104.30, 5107.02, 5107.03, 5107.05,

5107.10, 5107.12, 5107.14, 5107.16, 5107.17,

5107.281, 5107.30, 5107.36, 5107.41, 5107.42,

5111.01, 5111.011, 5111.014, 5111.016, 5111.019,

5111.0111, 5111.0112, 5111.023, 5111.03, 5111.06,

5111.084, 5111.10, 5111.101, 5111.11, 5111.112,

5111.113, 5111.163, 5111.17, 5111.172, 5111.20,

5111.851, 5111.871, 5111.8814, 5111.89, 5111.891,

5111.915, 5111.95, 5111.96, 5112.341, 5115.12,

5119.611, 5123.01, 5123.043, 5123.045, 5123.047,

5123.048, 5123.049, 5123.0411, 5123.051, 5123.19,

5123.196, 5123.198, 5123.20, 5123.211, 5123.38,

5123.41, 5123.51, 5123.60, 5123.602, 5123.99,

5126.038, 5126.042, 5126.046, 5126.054, 5126.055,

5126.056, 5126.057, 5126.06, 5126.12, 5126.15,

5126.18, 5126.19, 5126.25, 5126.40, 5126.42,

5126.43, 5126.45, 5126.47, 5139.43, 5302.30,

5323.01, 5323.02, 5323.99, 5528.54, 5531.10,

5537.04, 5537.16, 5537.99, 5703.57, 5703.80,

5705.01, 5705.214, 5705.25, 5705.29, 5705.44,

5709.68, 5711.01, 5713.011, 5725.24, 5727.06,

5727.45, 5727.81, 5727.84, 5727.85, 5727.87,

5733.12, 5733.39, 5733.98, 5739.02, 5739.032,

5739.033, 5739.09, 5739.12, 5739.122, 5739.21,

5741.02, 5741.03, 5741.121, 5743.01, 5743.20,

5745.02, 5745.05, 5745.13, 5747.01, 5747.03,

5747.47, 5747.50, 5747.501, 5747.51, 5747.54,

5747.98, 5748.01, 5748.02, 5748.021, 5749.02,

5751.20, 5751.21, 5751.23, 5907.15, 6109.21,

6111.04, 6111.44, 6119.06, 6121.04, and 6131.23;

to amend, for the purpose of adopting new section

numbers as indicated in parentheses, sections

125.18 (126.17), 125.30 (126.18), 1521.20

(1506.38), 1521.21 (1506.39), 1521.22 (1506.40),

1521.23 (1506.41), 1521.24 (1506.42), 1521.25

(1506.43), 1521.26 (1506.44), 1521.27 (1506.45),

1521.28 (1506.46), 1521.29 (1506.47), 1521.30

(1506.48), 3702.63 (3702.591), 3702.68 (3702.59),

5111.95 (5111.033), 5111.96 (5111.034), and

100

5126.057 (5126.0511); to enact new sections

101

3318.47 and 5123.16 and sections 109.521, 117.112,

102

122.051, 122.071, 122.076, 122.174, 125.011,

103

126.04, 126.19, 126.24, 126.40, 131.51, 173.351,

104

173.401, 183.51, 183.52, 901.261, 1713.031,

105

3123.23, 3301.162, 3303.20, 3313.82, 3314.016,

106

3314.086, 3314.087, 3314.088, 3314.19, 3317.161,

107

3327.17, 3333.201, 3333.50, 3333.55, 3333.60,

108

3333.61, 3333.62, 3333.63, 3333.64, 3333.65,

109

3333.66, 3333.67, 3333.68, 3333.69, 3333.70,

110

3345.02, 3353.20, 3353.21, 3353.22, 3353.23,

111

3353.24, 3353.25, 3353.26, 3353.27, 3353.28,

112

3353.29, 3353.30, 3355.15, 3357.13, 3701.135,

113

4303.071, 4303.232, 4303.233, 4703.071, 4766.22,

114

4923.26, 5101.272, 5101.541, 5101.573, 5101.574,

115

5101.575, 5101.591, 5107.04, 5111.0120, 5111.028,

116

5111.029, 5111.031, 5111.032, 5111.085, 5111.102,

117

5111.69, 5111.70, 5111.701, 5111.702, 5111.703,

118

5111.704, 5111.705, 5111.706, 5111.707, 5111.708,

119

5111.709, 5111.7010, 5111.71, 5111.84, 5111.894,

120

5123.033, 5123.0414, 5123.0415, 5123.0416,

121

5123.161, 5123.162, 5123.163, 5123.164, 5123.165,

122

5123.166, 5123.167, 5123.168, 5123.169, 5123.605,

123

5126.059, 5126.0510, 5126.0512, 5302.221,

124

5309.082, 5533.531, 5533.632, 5533.91, 5705.219,

125

5733.48, 5739.029, 5739.124, 5739.213, 5741.122,

126

5747.77, 5748.022, 5907.16, and 6111.0381; to

127

repeal sections 125.95, 183.02, 183.27, 183.32,

128

3318.47, 3318.48, 3318.49, 3333.29, 3718.01,

129

3718.02, 3718.021, 3718.03, 3718.04, 3718.05,

130

3718.06, 3718.07, 3718.08, 3718.09, 3718.10,

131

3718.99, 4911.021, 5111.161, 5123.16, 5123.182,

132

5123.199, 5126.035, 5126.036, 5126.053, 5126.431,

133

5126.44, 5126.451, 5743.331, 5747.61, 5747.62,

134

5747.63, and 6111.441 of the Revised Code; to

135

amend Sections 203.50, 209.10, 227.10, and 555.08

136

of Am. Sub. H.B. 67 of the 127th General Assembly;

137

to amend Section 252.70 of Am. Sub. H.B. 530 of

138

the 126th General Assembly, to amend Section

139

235.30 of Am. Sub. H.B. 530 of the 126th General

140

Assembly, as subsequently amended, to amend

141

Section 329.10 of Am. Sub. H.B. 699 of the 126th

142

General Assembly, to amend Section 203.20 of Sub.

143

S.B. 321 of the 126th General Assembly, to amend

144

Section 153 of Am. Sub. H.B. 117 of the 121st

145

General Assembly, as subsequently amended, to

146

repeal Section 3 of Am. Sub. H.B. 694 of the 126th

147

General Assembly, to amend the version of section

148

127.16 of the Revised Code that is scheduled to

149

take effect July 1, 2007, and to repeal the

150

version of section 3702.68 of the Revised Code

151

that was to have taken effect July 1, 2007, to

152

make operating appropriations for the biennium

153

beginning July 1, 2007, and ending June 30, 2009,

154

and to provide authorization and conditions for

155

the operation of state programs; to confirm and to

156

order implementation of sections 9.833, 9.90,

157

3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and

158

4117.08 and to confirm and to order complete

159

implementation of section 9.901 of the Revised

160

Code as the sections result from Am. Sub. H.B. 66

161

of the 126th General Assembly; to repeal Section

162

611.03 of Am. Sub. H.B. 66 of the 126th General

163

Assembly; and to amend sections 9.90, 9.901,

164

3313.202, 3313.33, and 4117.03 of the Revised Code

165

to make other specifications pertaining to that

166

implementation as have become necessary; and to

167

terminate operation of section 5101.213 of the

168

Revised Code on July 1, 2008, by repealing the

169

section on that date.

170

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 101.01. That sections 9.30, 9.821, 9.822, 9.823,	171
9.83, 107.12, 107.40, 109.572, 109.93, 111.18, 117.11, 119.07,	172
120.33, 122.17, 122.171, 122.602, 122.652, 124.152, 125.01,	173
125.02, 125.021, 125.022, 125.023, 125.04, 125.041, 125.05,	174
125.06, 125.07, 125.071, 125.072, 125.073, 125.08, 125.081,	175
125.082, 125.09, 125.10, 125.11, 125.15, 125.18, 125.25, 125.30,	176
125.45, 125.93, 125.96, 125.97, 125.98, 126.07, 126.08, 126.16,	177
126.21, 126.22, 127.16, 131.44, 133.01, 149.311, 151.08, 151.40,	178
156.02, 164.03, 164.08, 164.09, 166.08, 173.04, 173.35, 173.85,	179
173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33, 183.34,	180
183.35, 305.31, 307.37, 307.672, 307.695, 307.98, 307.981, 308.04,	181
317.08, 319.202, 319.281, 319.54, 322.01, 323.131, 323.151,	182
323.152, 323.153, 323.154, 325.31, 329.04, 329.05, 329.14, 340.03,	183
505.37, 505.376, 505.705, 517.08, 519.12, 521.01, 711.05, 711.10,	184
711.131, 718.051, 718.13, 1306.20, 1306.21, 1347.06, 1503.05,	185
1504.02, 1506.01, 1506.99, 1513.08, 1513.18, 1514.081, 1514.40,	186
1521.01, 1521.20, 1521.21, 1521.22, 1521.23, 1521.24, 1521.25,	187
1521.26, 1521.27, 1521.28, 1521.29, 1521.99, 1531.06, 1531.35,	188
1555.08, 1557.03, 2113.041, 2117.061, 2117.25, 2151.362, 2913.40,	189
2921.42, 2927.023, 2935.03, 3109.04, 3109.041, 3119.022, 3119.023,	190
3119.27, 3119.29, 3119.30, 3125.12, 3301.0711, 3301.0714,	191
3301.0718, 3301.311, 3301.53, 3302.03, 3302.10, 3311.24, 3313.603,	192
3313.615, 3313.64, 3313.646, 3313.66, 3313.661, 3313.98, 3314.015,	193
3314.02, 3314.074, 3314.08, 3317.01, 3317.012, 3317.013, 3317.014,	194
3317.015, 3317.016, 3317.017, 3317.02, 3317.021, 3317.022,	195
3317.023, 3317.024, 3317.025, 3317.026, 3317.027, 3317.028,	196
3317.029, 3317.0216, 3317.0217, 3317.03, 3317.04, 3317.05,	197
3317.052, 3317.06, 3317.063, 3317.08, 3317.16, 3317.20, 3317.201,	198
3318.01, 3318.011, 3318.023, 3318.12, 3318.15, 3318.26, 3318.36,	199
3319.55, 3323.01, 3323.11, 3327.05, 3333.04, 3333.122, 3333.38,	200
3345.05, 3345.32, 3353.02, 3354.10, 3355.01, 3357.01, 3357.10,	201
3358.06, 3365.01, 3381.04, 3501.01, 3501.05, 3501.11, 3501.17,	202
3501.31, 3505.062, 3505.063, 3505.23, 3513.21, 3517.106, 3517.11,	203
3599.17, 3599.19, 3599.37, 3701.74, 3701.741, 3701.83, 3702.52,	204
3702.5211, 3702.5212, 3702.5213, 3702.57, 3702.68, 3704.03,	205
3704.14, 3705.24, 3709.09, 3709.091, 3721.51, 3721.541, 3721.56,	206
3734.57, 3735.672, 3743.17, 3743.19, 3743.25, 3743.75, 3745.11,	207
3767.41, 3769.087, 3770.03, 3770.06, 3905.36, 3923.281, 4141.09,	208
4301.20, 4301.24, 4301.43, 4303.03, 4503.06, 4503.061, 4503.064,	209
4503.065, 4503.066, 4503.067, 4503.10, 4503.102, 4503.35, 4505.06,	210
4511.101, 4513.263, 4513.35, 4715.251, 4717.07, 4723.621, 4723.63,	211
4723.64, 4723.65, 4723.66, 4731.142, 4731.22, 4735.10, 4735.141,	212
4736.01, 4743.05, 4755.03, 4766.05, 4775.08, 4921.40, 5101.141,	213
5101.162, 5101.21, 5101.211, 5101.212, 5101.213, 5101.24,	214
5101.242, 5101.244, 5101.27, 5101.51, 5101.571, 5101.572, 5101.58,	215
5101.59, 5101.802, 5101.98, 5104.30, 5107.02, 5107.03, 5107.05,	216
5107.10, 5107.12, 5107.14, 5107.16, 5107.17, 5107.281, 5107.30,	217
5107.36, 5107.41, 5107.42, 5111.01, 5111.011, 5111.014, 5111.016,	218
5111.019, 5111.0111, 5111.0112, 5111.023, 5111.03, 5111.06,	219
5111.084, 5111.10, 5111.101, 5111.11, 5111.112, 5111.113,	220
5111.163, 5111.17, 5111.172, 5111.20, 5111.851, 5111.871,	221
5111.8814, 5111.89, 5111.891, 5111.915, 5111.95, 5111.96,	222
5112.341, 5115.12, 5119.611, 5123.01, 5123.043, 5123.045,	223
5123.047, 5123.048, 5123.049, 5123.0411, 5123.051, 5123.19,	224
5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41, 5123.51,	225
5123.60, 5123.602, 5123.99, 5126.038, 5126.042, 5126.046,	226
5126.054, 5126.055, 5126.056, 5126.057, 5126.06, 5126.12, 5126.15,	227
5126.18, 5126.19, 5126.25, 5126.40, 5126.42, 5126.43, 5126.45,	228
5126.47, 5139.43, 5302.30, 5323.01, 5323.02, 5323.99, 5528.54,	229
5531.10, 5537.04, 5537.16, 5537.99, 5703.57, 5703.80, 5705.01,	230
5705.214, 5705.25, 5705.29, 5705.44, 5709.68, 5711.01, 5713.011,	231
5725.24, 5727.06, 5727.45, 5727.81, 5727.84, 5727.85, 5727.87,	232
5733.12, 5733.39, 5733.98, 5739.02, 5739.032, 5739.033, 5739.09,	233
5739.12, 5739.122, 5739.21, 5741.02, 5741.03, 5741.121, 5743.01,	234
5743.20, 5745.02, 5745.05, 5745.13, 5747.01, 5747.03, 5747.47,	235
5747.50, 5747.501, 5747.51, 5747.54, 5747.98, 5748.01, 5748.02,	236
5748.021, 5749.02, 5751.20, 5751.21, 5751.23, 5907.15, 6109.21,	237
6111.04, 6111.44, 6119.06, 6121.04, and 6131.23 be amended;	238
sections 125.18 (126.17), 125.30 (126.18), 1521.20 (1506.38),	239
1521.21 (1506.39), 1521.22 (1506.40), 1521.23 (1506.41), 1521.24	240
(1506.42), 1521.25 (1506.43), 1521.26 (1506.44), 1521.27	241
(1506.45), 1521.28 (1506.46), 1521.29 (1506.47), 1521.30	242
(1506.48), 3702.63 (3702.591), 3702.68 (3702.59), 5111.95	243
(5111.033), 5111.96 (5111.034), and 5126.057 (5126.0511) be	244
amended for the purpose of adopting new section numbers as	245
indicated in parentheses; and new sections 3318.47 and 5123.16 and	246
sections 109.521, 117.112, 122.051, 122.071, 122.076, 122.174,	247
125.011, 126.04, 126.19, 126.24, 126.40, 131.51, 173.351, 173.401,	248
183.51, 183.52, 901.261, 1713.031, 3123.23, 3301.162, 3303.20,	249
3313.82, 3314.016, 3314.086, 3314.087, 3314.088, 3314.19,	250
3317.161, 3327.17, 3333.201, 3333.50, 3333.55, 3333.60, 3333.61,	251
3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68,	252
3333.69, 3333.70, 3345.02, 3353.20, 3353.21, 3353.22, 3353.23,	253
3353.24, 3353.25, 3353.26, 3353.27, 3353.28, 3353.29, 3353.30,	254
3355.15, 3357.13, 3701.135, 4303.071, 4303.232, 4303.233,	255
4703.071, 4766.22, 4923.26, 5101.272, 5101.541, 5101.573,	256
5101.574, 5101.575, 5101.591, 5107.04, 5111.0120, 5111.028,	257
5111.029, 5111.031, 5111.032, 5111.085, 5111.102, 5111.69,	258
5111.70, 5111.701, 5111.702, 5111.703, 5111.704, 5111.705,	259
5111.706, 5111.707, 5111.708, 5111.709, 5111.7010, 5111.71,	260
5111.84, 5111.894, 5123.033, 5123.0414, 5123.0415, 5123.0416,	261
5123.161, 5123.162, 5123.163, 5123.164, 5123.165, 5123.166,	262
5123.167, 5123.168, 5123.169, 5123.605, 5126.059, 5126.0510,	263
5126.0512, 5302.221, 5309.082, 5533.531, 5533.632, 5533.91,	264
5705.219, 5733.48, 5739.029, 5739.124, 5739.213, 5741.122,	265
5747.77, 5748.022, 5907.16, and 6111.0381 of the Revised Code be	266
enacted to read as follows:	267

Sec. 9.30. The appropriate public officer of the state,	268
county, municipal corporation, township, school, or other public	269
body or institution, may acquire the service, product, or	270
commodity of a public utility at the schedule of rates and charges	271
applicable to such service, product, or commodity on file with the	272
public utilities commission, or the applicable charge established	273
by a utility operating its property not for profit, at any	274
location where such public utility service, product, or commodity	275
is not available, from alternate public utilities, without the	276
necessity of advertising to obtain bids, and without notice,	277
irrespective of the amount of money involved. Nothing in this	278
section supersedes sections 125.01 to 125.15 of the Revised Code	279
for the acquisition of telecommunication utility services by state	280
agencies.	281

Sec. 9.821. (A) The department of administrative services	282
shall direct and manage for state agencies all risk management and	283
insurance programs authorized under section 9.822 of the Revised	284
Code.	285

(B) The office of risk management is hereby established	286
within the department of administrative services. The director of	287
administrative services, or a deputy director appointed by the	288
director, shall control and supervise the office.	289

(C) The office may take any of the following actions that it	290
determines to be in the best interests of the state:	291

(1) Provide all insurance coverages for the state, including,	292
but not limited to, automobile liability, casualty, property,	293
public liability, and~~, except as provided in division (C)(6) of~~	294
~~this section,~~ fidelity ~~bond insurance~~bonding. The cost of	295
insurance coverage shall be paid from appropriations made to the	296
state agencies that the office has designated to receive the	297
coverage.	298

(2) Provide coverage of legal expenses that are necessary and	299
related to the legal defense of claims against the state;	300

(3) Purchase insurance policies consistent with sections	301
125.01 to 125.111 of the Revised Code, develop and administer	302
self-insurance programs, or do both;	303

(4) Consolidate and combine state insurance coverages;

304

(5) Provide technical services in risk management and	305
insurance to state agencies;	306

(6)~~(a) Establish and administer a self-insured fidelity bond~~	307
~~program for a particular class or subclass of state officer,~~	308
~~employee, or agent, if, prior to the establishment and~~	309
~~administration of this program, the director does both of the~~	310
~~following:~~	311

~~(i) Holds a hearing in accordance with Chapter 119. of the~~	312
~~Revised Code to determine whether fidelity bond insurance for that~~	313
~~particular class or subclass of state officer, employee, or agent~~	314
~~is available in the voluntary market;~~	315

~~(ii) If, as a result of that hearing, the director determines~~	316
~~that fidelity bond insurance for a particular class or subclass of~~	317
~~state officer, employee, or agent is unavailable in the voluntary~~	318
~~market and that the absence of this insurance threatens the~~	319
~~operation of state government and will be detrimental to the~~	320
~~general welfare of the citizens of this state, adopts rules in~~	321
~~accordance with Chapter 119. of the Revised Code to establish~~	322
~~standards and procedures governing the establishment,~~	323
~~administration, and termination of the fidelity bond program for~~	324
~~that particular class or subclass of state officer, employee, or~~	325
~~agent.~~	326

~~(b) Division (C)(6)(a) of this section does not apply to any~~	327
~~self-insured blanket fidelity bond program that, on September 20,~~	328
~~1993, has been established pursuant to section 9.831 of the~~	329
~~Revised Code.~~	330

~~(7) Except as provided in division (C)(6) of this section,~~	331
~~adopt~~Adopt and publish, in accordance with section 111.15 of the	332
Revised Code, necessary rules and procedures governing the	333
administration of the state's insurance and risk management	334
activities.	335

(D) No state agency, except a state agency exempted under	336
section 125.02 or 125.04 of the Revised Code from the department's	337
purchasing authority, shall purchase any insurance described in	338
this section except as authorized by the department, when the	339
office of risk management determines that the purchase is in the	340
best interest of the state pursuant to division (C)(1) of this	341
section, and in accordance with terms, conditions, and procurement	342
methods established by the department.	343

(E) With respect to any civil action, demand, or claim	344
against the state that could be filed in the court of claims,	345
nothing in sections 9.82 to 9.823 of the Revised Code shall be	346
interpreted to permit the settlement or compromise of those civil	347
actions, demands, or claims, except in the manner provided in	348
Chapter 2743. of the Revised Code.	349

Sec. 9.822. (A) The department of administrative services	350
through the office of risk management shall establish an insurance	351
plan or plans that may provide for self-insurance or the purchase	352
of insurance, or both, for ~~any~~either of the following purposes:	353

(1) Insuring state real and personal property against losses	354
occasioned by fire, windstorm, or other accidents and perils;	355

(2) Insuring the state and its officers and employees against	356
liability resulting from any civil action, demand, or claim	357
against the state or its officers and employees arising out of any	358
act or omission of an officer or employee in the performance of	359
official duties, except acts and omissions for which	360
indemnification is prohibited under section 9.87 of the Revised	361
Code;.	362

~~(3) Insuring~~(B) The department of administrative services	363
through the office of risk management shall establish one or more	364
insurance plans that provide for the purchase of insurance for the	365
purpose of insuring the state through the fidelity bonding of	366
state officers, employees, and agents who are required by law to	367
provide a fidelity bond. Nothing in this section shall be	368
construed to allow the department of administrative services	369
through the office of risk management to administer the state's	370
fidelity bonding program through a program of self-insurance.	371

~~(B)(1) Prior to the establishment of any self-insured~~	372
~~fidelity bond program for a particular class or subclass of state~~	373
~~officer, employee, or agent authorized pursuant to division (A)(3)~~	374
~~of this section, the director of administrative services shall~~	375
~~follow the procedures for holding a hearing and adopting rules set~~	376
~~forth in division (C)(6)(a) of section 9.821 of the Revised Code.~~	377

~~(2) Division (B)(1) of this section does not apply to any~~	378
~~self-insured blanket fidelity bond program that, on September 20,~~	379
~~1993, has been established pursuant to section 9.831 of the~~	380
~~Revised Code.~~	381

~~(3) The director shall prepare annually a written report~~	382
~~detailing any self-insured fidelity bond program established~~	383
~~pursuant to division (A)(3) of this section. The report shall~~	384
~~include, but is not limited to, information relating to premiums~~	385
~~collected, income from recovery, loss experience, and~~	386
~~administrative costs of the program. A copy of the report,~~	387
~~together with a copy of those portions of the most recent reports~~	388
~~submitted under division (D) of section 9.823 of the Revised Code~~	389
~~that pertain to any such self-insured fidelity bond program, shall~~	390
~~be submitted to the speaker of the house of representatives and~~	391
~~the president of the senate by the last day of March of each year.~~	392

Sec. 9.823. (A) All contributions collected by the director	393
of administrative services under division (E) of this section	394
shall be deposited into the state treasury to the credit of the	395
risk management reserve fund, which is hereby created. The fund	396
shall be used to provide insurance and self-insurance for the	397
state under ~~section~~sections 9.822 and 9.83 of the Revised Code.	398
All investment earnings of the fund shall be credited to it.	399

(B) The director, through the office of risk management,	400
shall operate the risk management reserve fund on an actuarially	401
sound basis.	402

(C) Reserves shall be maintained in the risk management	403
reserve fund in any amount that is necessary and adequate, in the	404
exercise of sound and prudent actuarial judgment, to cover	405
potential liability claims, expenses, fees, or damages. Money in	406
the fund may be applied to the payment of liability claims that	407
are filed against the state in the court of claims and determined	408
in the manner provided for under Chapter 2743. of the Revised	409
Code. The director may procure the services of a qualified	410
actuarial firm for the purpose of recommending the specific amount	411
of money that would be required to maintain adequate reserves for	412
a given period of time.	413

(D) A report of the amounts reserved and disbursements made	414
from the reserves, together with a written report of a competent	415
property and casualty actuary, shall be submitted, on or before	416
the last day of March for the preceding calendar year, to the	417
speaker of the house of representatives and the president of the	418
senate. The actuary shall certify the adequacy of the rates of	419
contributions, the sufficiency of excess insurance, and whether	420
the amounts reserved conform to the requirements of this section,	421
are computed in accordance with accepted loss reserving standards,	422
and are fairly stated in accordance with sound loss reserving	423
principles. The report shall include disbursements made for the	424
administration of the fund, including claims paid, cost of legal	425
representation of state agencies and employees, and fees paid to	426
consultants.	427

(E) The director shall collect from each state agency or any	428
participating state body its contribution to the risk management	429
reserve fund for the purpose of purchasing insurance or	430
administering self-insurance programs for coverages authorized	431
under ~~section~~sections 9.822 and 9.83 of the Revised Code. The	432
contribution shall be determined by the director, with the	433
approval of the director of budget and management, and shall be	434
based upon actuarial assumptions and the relative risk and loss	435
experience of each state agency or participating state body. The	436
contribution shall further include a reasonable sum to cover the	437
department's administrative costs.	438

Sec. 9.83. (A) The state and any political subdivision may	439
procure a policy or policies of insurance insuring its officers	440
and employees against liability for injury, death, or loss to	441
person or property that arises out of the operation of an	442
automobile, truck, motor vehicle with auxiliary equipment,	443
self-propelling equipment or trailer, aircraft, or watercraft by	444
the officers or employees while engaged in the course of their	445
employment or official responsibilities for the state or the	446
political subdivision. The state is authorized to expend funds to	447
pay judgments that are rendered in any court against its officers	448
or employees and that result from such operation, and is	449
authorized to expend funds to compromise claims for liability	450
against its officers or employees that result from such operation.	451
No insurer shall deny coverage under such a policy, and the state	452
shall not refuse to pay judgments or compromise claims, on the	453
ground that an automobile, truck, motor vehicle with auxiliary	454
equipment, self-propelling equipment or trailer, aircraft, or	455
watercraft was not being used in the course of an officer's or	456
employee's employment or official responsibilities for the state	457
or a political subdivision unless the officer or employee who was	458
operating an automobile, truck, motor vehicle with auxiliary	459
equipment, or self-propelling equipment or trailer is convicted of	460
a violation of section 124.71 of the Revised Code as a result of	461
the same events.	462

(B) Funds shall be reserved as necessary, in the exercise of	463
sound and prudent actuarial judgment, to cover potential expense,	464
fees, damage, loss, or other liability. The ~~superintendent of~~	465
~~insurance~~office of risk management may recommend or, if the state	466
requests of the ~~superintendent~~office of risk management, shall	467
recommend, a specific amount for any period of time that, in the	468
~~superintendent's~~ opinion of the office of risk management,	469
represents such a judgment.	470

(C) Nothing in this section shall be construed to require the	471
department of administrative services to purchase liability	472
insurance for all state vehicles in a single policy of insurance	473
or to cover all state vehicles under a single plan of	474
self-insurance.	475

(D) Insurance procured by the state pursuant to this section	476
shall be procured as provided in section 125.03 of the Revised	477
Code.	478

(E) For purposes of liability insurance procured under this	479
section to cover the operation of a motor vehicle by a prisoner	480
for whom the insurance is procured, "employee" includes a prisoner	481
in the custody of the department of rehabilitation and correction	482
who is enrolled in a work program that is established by the	483
department pursuant to section 5145.16 of the Revised Code and in	484
which the prisoner is required to operate a motor vehicle, as	485
defined in section 4509.01 of the Revised Code, and who is engaged	486
in the operation of a motor vehicle in the course of the work	487
program.	488

(F) ~~There is hereby created in the state treasury the vehicle~~	489
~~liability fund.~~ All contributions collected by the director of	490
administrative services under division (I) of this section shall	491
be deposited into the ~~fund. The fund shall be used to provide~~	492
~~insurance and self-insurance for the state under this section. All~~	493
~~investment earnings of the fund shall be credited to it~~risk	494
management reserve fund created in section 9.823 of the Revised	495
Code to the credit of the vehicle liability program.	496

(G) ~~The director of administrative services, through the~~	497
~~office of risk management, shall operate the vehicle liability~~	498
~~fund on an actuarially sound basis.~~	499

~~(H)~~ Reserves shall be maintained in the ~~vehicle liability~~	500
risk management reserve fund to the credit of the vehicle	501
liability program in any amount that is necessary and adequate, in	502
the exercise of sound and prudent actuarial judgment, to cover	503
potential liability claims, expenses, fees, or damages. Money in	504
the fund may be applied to the payment of liability claims that	505
are filed against the state in the court of claims and determined	506
in the manner provided in Chapter 2743. of the Revised Code. The	507
director of administrative services may procure the services of a	508
qualified actuarial firm for the purpose of recommending the	509
specific amount of money that is required to maintain adequate	510
reserves for a specified period of time.	511

~~(I)~~(H) The director of administrative services shall collect	512
from each state agency or any participating state body its	513
contribution to the vehicle liability ~~fund~~program for the purpose	514
of purchasing insurance or administering self-insurance programs	515
for coverage authorized under this section. The amount of the	516
contribution shall be determined by the director, with the	517
approval of the director of budget and management. It shall be	518
based upon actuarial assumptions and the relative risk and loss	519
experience of each state agency or participating state body. The	520
amount of the contribution also shall include a reasonable sum to	521
cover administrative costs of the department of administrative	522
services. The amounts collected pursuant to this division shall be	523
deposited in the risk management reserve fund to the credit of the	524
vehicle liability program.	525

Sec. 107.12. (A) As used in this section, "organization"	526
means a faith-based or other organization that is exempt from	527
federal income taxation under section 501(c)(3) of the Internal	528
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and	529
provides charitable services to needy residents of this state.	530

(B) There is hereby established within the office of the	531
governor the governor's office of faith-based and community	532
initiatives. The office shall:	533

(1) Serve as a clearinghouse of information on federal,	534
state, and local funding for charitable services performed by	535
organizations;	536

(2) Encourage organizations to seek public funding for their	537
charitable services;	538

(3) Act as a liaison between state agencies and	539
organizations;	540

(4) Advise the governor, general assembly, and the advisory	541
board of the governor's office of faith-based community	542
initiatives on the barriers that exist to collaboration between	543
organizations and governmental entities and on ways to remove the	544
barriers.	545

(C) The governor shall appoint an executive assistant to	546
manage the office and perform or oversee the performance of the	547
duties of the office.	548

(D)(1) There is hereby created the advisory board of the	549
governor's office of faith-based and community initiatives. The	550
board shall consist of members appointed as follows:	551

(a) The directors of aging, alcohol and drug addiction	552
services, rehabilitation and correction, health, job and family	553
services, mental health, and youth services shall each appoint to	554
the board one employee of that director's department.	555

(b) The speaker of the house of representatives shall appoint	556
to the board two members of the house of representatives, not more	557
than one of whom shall be from the same political party and at	558
least one of whom shall be from the legislative black caucus. The	559
speaker of the house of representatives shall consult with the	560
president of the legislative black caucus in making the	561
legislative black caucus member appointment. The president of the	562
senate shall appoint to the board two members of the senate, not	563
more than one of whom shall be from the same political party.	564

(c) The governor, speaker of the house of representatives,	565
and president of the senate shall each appoint to the board three	566
representatives of the nonprofit, faith-based and other nonprofit	567
community.	568

(2) ~~The appointments to the board shall be made within thirty~~	569
~~days after the effective date of this section.~~ Terms of the office	570
shall be one year. Any vacancy that occurs on the board shall be	571
filled in the same manner as the original appointment. The members	572
of the board shall serve without compensation.	573

(3) At its initial meeting, the board shall elect a	574
chairperson. The chairperson shall be a member of the board who is	575
a member of the house of representatives.	576

(E) The board shall do both of the following:

577

(1) Provide direction, guidance, and oversight to the office;

578

(2) Publish a report of its activities on or before the first	579
day of August of each year, and deliver copies of the report to	580
the governor, the speaker and minority leader of the house of	581
representatives, and the president and minority leader of the	582
senate.	583

(F) No member of the board or organization that the member is	584
affiliated or involved with is eligible to receive any grant that	585
the office administers or assists in administering.	586

Sec. 107.40. (A) There is hereby created the governor's	587
residence advisory commission. The commission shall provide for	588
the preservation, restoration, acquisition, and conservation of	589
all decorations, objects of art, chandeliers, china, silver,	590
statues, paintings, furnishings, accouterments, and other	591
aesthetic materials that have been acquired, donated, loaned, or	592
otherwise obtained by the state for the governor's residence and	593
that have been approved by the commission. In addition, the	594
commission shall provide for the maintenance of plants that have	595
been acquired, donated, loaned, or otherwise obtained by the state	596
for the governor's residence and that have been approved by the	597
commission.	598

(B) The commission shall be responsible for the care,	599
provision, repair, and placement of furnishings and other objects	600
and accessories of the grounds and public areas of the first story	601
of the governor's residence and for the care and placement of	602
plants on the grounds. In exercising this responsibility, the	603
commission shall preserve and seek to further establish all of the	604
following:	605

(1) The authentic ambiance and decor of the historic era	606
during which the governor's residence was constructed;	607

(2) The grounds as a representation of Ohio's natural	608
ecosystems;	609

(3) The heritage garden for all of the following purposes:

610

(a) To preserve, sustain, and encourage the use of native	611
flora throughout the state;	612

(b) To replicate the state's physiographic regions, plant	613
communities, and natural landscapes;	614

(c) To serve as an educational garden that demonstrates the	615
artistic, industrial, political, horticultural, and geologic	616
history of the state through the use of plants;	617

(d) To serve as a reservoir of rare species of plants from	618
the physiographic regions of the state.	619

These duties shall not affect the obligation of the	620
department of administrative services to provide for ~~the~~and adopt	621
policies and procedures regarding the use, general maintenance,	622
and operating expenses of the governor's residence.	623

(C) The commission shall consist of eleven members. One	624
member shall be the director of administrative services or the	625
director's designee, who shall serve during the director's term of	626
office and shall serve as chairperson. One member shall be the	627
director of the Ohio historical society or the director's	628
designee, who shall serve during the director's term of office and	629
shall serve as vice-chairperson. One member shall represent the	630
Columbus landmarks foundation. One member shall represent the	631
Bexley historical society. One member shall be the mayor of the	632
city of Bexley, who shall serve during the mayor's term of office.	633
One member shall be the chief executive officer of the Franklin	634
park conservatory joint recreation district, who shall serve	635
during the term of employment as chief executive officer. The	636
remaining five members shall be appointed by the governor with the	637
advice and consent of the senate. The five members appointed by	638
the governor shall be persons with knowledge of Ohio history,	639
architecture, decorative arts, or historic preservation, and one	640
of those members shall have knowledge of landscape architecture,	641
garden design, horticulture, and plants native to this state.	642

(D) Of the initial appointees, the representative of the	643
Columbus landmarks foundation shall serve for a term expiring	644
December 31, 1996, and the representative of the Bexley historical	645
society shall serve for a term expiring December 31, 1997. Of the	646
five members appointed by the governor, three shall serve for	647
terms ending December 31, 1998, and two shall serve for terms	648
ending December 31, 1999. Thereafter, each term shall be for four	649
years, commencing on the first day of January and ending on the	650
last day of December. The member having knowledge of landscape	651
architecture, garden design, horticulture, and plants native to	652
this state initially shall be appointed upon the first vacancy on	653
the commission occurring on or after June 30, 2006.	654

Each member shall hold office from the date of the member's	655
appointment until the end of the term for which the member was	656
appointed. Any member appointed to fill a vacancy occurring prior	657
to the end of the term for which the member's predecessor was	658
appointed shall hold office for the remainder of the term. Any	659
member shall continue in office subsequent to the expiration of	660
the term until the member's successor takes office.	661

(E) Six members of the commission constitute a quorum, and	662
the affirmative vote of six members is required for approval of	663
any action by the commission.	664

(F) After each initial member of the commission has been	665
appointed, the commission shall meet and select one member as	666
secretary and another as treasurer. Organizational meetings of the	667
commission shall be held at the time and place designated by call	668
of the chairperson. Meetings of the commission may be held	669
anywhere in the state and shall be in compliance with Chapters	670
121. and 149. of the Revised Code. The commission may adopt,	671
pursuant to section 111.15 of the Revised Code, rules necessary to	672
carry out the purposes of this section.	673

(G) Members of the commission shall serve without	674
remuneration, but shall be compensated for actual and necessary	675
expenses incurred in the performance of their official duties.	676

(H) All expenses incurred in carrying out this section are	677
payable solely from money accrued under this section or	678
appropriated for these purposes by the general assembly, and the	679
commission shall incur no liability or obligation beyond such	680
money.	681

(I) ~~The~~Except as otherwise provided in this division, the	682
commission may accept any payment for the use of the governor's	683
residence or may accept any donation, gift, bequest, or devise for	684
the governor's residence or as an endowment for the maintenance	685
and care of the garden on the grounds of the governor's residence	686
in furtherance of its duties. The commission shall not accept any	687
donation, gift, bequest, or devise from a person, individual, or	688
member of an individual's immediate family if the person or	689
individual is receiving payments under a contract with the state	690
or a state agency for the purchase of supplies, services, or	691
equipment or for the construction, reconstruction, improvement,	692
enlargement, alteration, repair, painting, or decoration of a	693
public improvement, except for payments received under an	694
employment contract or a collective bargaining agreement. Any	695
revenue received by the commission shall be deposited into the	696
governor's residence fund, which is hereby established in the	697
state treasury, for use by the commission in accordance with the	698
performance of its duties. All investment earnings of the fund	699
shall be credited to the fund. Title to all property acquired by	700
the commission shall be taken in the name of the state and shall	701
be held for the use and benefit of the commission.	702

(J) Nothing in this section limits the ability of a person or	703
other entity to purchase decorations, objects of art, chandeliers,	704
china, silver, statues, paintings, furnishings, accouterments,	705
plants, or other aesthetic materials for placement in the	706
governor's residence or on the grounds of the governor's residence	707
or donation to the commission. No such object or plant, however,	708
shall be placed on the grounds or public areas of the first story	709
of the governor's residence without the consent of the commission.	710

(K) The heritage garden established under this section shall	711
be officially known as "the heritage garden at the Ohio governor's	712
residence."	713

(L) As used in this section, "heritage garden" means the	714
botanical garden of native plants established at the governor's	715
residence.	716

Sec. 109.521. There is hereby created in the state treasury	717
the bureau of criminal identification and investigation asset	718
forfeiture and cost reimbursement fund. All amounts awarded to the	719
bureau of criminal identification and investigation as a result of	720
shared federal asset forfeiture and state and local moneys	721
designated as restitution for reimbursement of the costs of	722
investigations shall be deposited into this fund. The moneys in	723
this fund shall be used in accordance with federal asset	724
forfeiture rules, regulations, and laws. Interest earned on the	725
money in this fund shall be credited to the fund.	726

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	727
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	728
of the Revised Code, a completed form prescribed pursuant to	729
division (C)(1) of this section, and a set of fingerprint	730
impressions obtained in the manner described in division (C)(2) of	731
this section, the superintendent of the bureau of criminal	732
identification and investigation shall conduct a criminal records	733
check in the manner described in division (B) of this section to	734
determine whether any information exists that indicates that the	735
person who is the subject of the request previously has been	736
convicted of or pleaded guilty to any of the following:	737

(a) A violation of section 2903.01, 2903.02, 2903.03,	738
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	739
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	740
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	741
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	742
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	743
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	744
2925.06, or 3716.11 of the Revised Code, felonious sexual	745
penetration in violation of former section 2907.12 of the Revised	746
Code, a violation of section 2905.04 of the Revised Code as it	747
existed prior to July 1, 1996, a violation of section 2919.23 of	748
the Revised Code that would have been a violation of section	749
2905.04 of the Revised Code as it existed prior to July 1, 1996,	750
had the violation been committed prior to that date, or a	751
violation of section 2925.11 of the Revised Code that is not a	752
minor drug possession offense;	753

(b) A violation of an existing or former law of this state,	754
any other state, or the United States that is substantially	755
equivalent to any of the offenses listed in division (A)(1)(a) of	756
this section.	757

(2) On receipt of a request pursuant to section 5123.081 of	758
the Revised Code with respect to an applicant for employment in	759
any position with the department of mental retardation and	760
developmental disabilities, pursuant to section 5126.28 of the	761
Revised Code with respect to an applicant for employment in any	762
position with a county board of mental retardation and	763
developmental disabilities, or pursuant to section 5126.281 of the	764
Revised Code with respect to an applicant for employment in a	765
direct services position with an entity contracting with a county	766
board for employment, a completed form prescribed pursuant to	767
division (C)(1) of this section, and a set of fingerprint	768
impressions obtained in the manner described in division (C)(2) of	769
this section, the superintendent of the bureau of criminal	770
identification and investigation shall conduct a criminal records	771
check. The superintendent shall conduct the criminal records check	772
in the manner described in division (B) of this section to	773
determine whether any information exists that indicates that the	774
person who is the subject of the request has been convicted of or	775
pleaded guilty to any of the following:	776

(a) A violation of section 2903.01, 2903.02, 2903.03,	777
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	778
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	779
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	780
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	781
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	782
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	783
2925.03, or 3716.11 of the Revised Code;	784

(b) An existing or former municipal ordinance or law of this	785
state, any other state, or the United States that is substantially	786
equivalent to any of the offenses listed in division (A)(2)(a) of	787
this section.	788

(3) On receipt of a request pursuant to section 173.27,	789
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	790
completed form prescribed pursuant to division (C)(1) of this	791
section, and a set of fingerprint impressions obtained in the	792
manner described in division (C)(2) of this section, the	793
superintendent of the bureau of criminal identification and	794
investigation shall conduct a criminal records check with respect	795
to any person who has applied for employment in a position for	796
which a criminal records check is required by those sections. The	797
superintendent shall conduct the criminal records check in the	798
manner described in division (B) of this section to determine	799
whether any information exists that indicates that the person who	800
is the subject of the request previously has been convicted of or	801
pleaded guilty to any of the following:	802

(a) A violation of section 2903.01, 2903.02, 2903.03,	803
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	804
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	805
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	806
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	807
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	808
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	809
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	810
2925.22, 2925.23, or 3716.11 of the Revised Code;	811

(b) An existing or former law of this state, any other state,	812
or the United States that is substantially equivalent to any of	813
the offenses listed in division (A)(3)(a) of this section.	814

(4) On receipt of a request pursuant to section 3701.881 of	815
the Revised Code with respect to an applicant for employment with	816
a home health agency as a person responsible for the care,	817
custody, or control of a child, a completed form prescribed	818
pursuant to division (C)(1) of this section, and a set of	819
fingerprint impressions obtained in the manner described in	820
division (C)(2) of this section, the superintendent of the bureau	821
of criminal identification and investigation shall conduct a	822
criminal records check. The superintendent shall conduct the	823
criminal records check in the manner described in division (B) of	824
this section to determine whether any information exists that	825
indicates that the person who is the subject of the request	826
previously has been convicted of or pleaded guilty to any of the	827
following:	828

(a) A violation of section 2903.01, 2903.02, 2903.03,	829
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	830
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	831
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	832
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	833
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	834
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	835
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	836
violation of section 2925.11 of the Revised Code that is not a	837
minor drug possession offense;	838

(b) An existing or former law of this state, any other state,	839
or the United States that is substantially equivalent to any of	840
the offenses listed in division (A)(4)(a) of this section.	841

(5) On receipt of a request pursuant to section ~~5111.95 or~~	842
~~5111.96~~5111.032, 5111.033, or 5111.034 of the Revised Code ~~with~~	843
~~respect to an applicant for employment with a waiver agency~~	844
~~participating in a department of job and family services~~	845
~~administered home and community-based waiver program or an~~	846
~~independent provider participating in a department administered~~	847
~~home and community-based waiver program in a position that~~	848
~~involves providing home and community-based waiver services to~~	849
~~consumers with disabilities~~, a completed form prescribed pursuant	850
to division (C)(1) of this section, and a set of fingerprint	851
impressions obtained in the manner described in division (C)(2) of	852
this section, the superintendent of the bureau of criminal	853
identification and investigation shall conduct a criminal records	854
check. The superintendent shall conduct the criminal records check	855
in the manner described in division (B) of this section to	856
determine whether any information exists that indicates that the	857
person who is the subject of the request previously has been	858
convicted of or, has pleaded guilty to, or has been found eligible	859
for intervention in lieu of conviction for any of the following:	860

(a) A violation of section 2903.01, 2903.02, 2903.03,	861
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	862
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	863
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	864
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	865
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	866
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	867
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	868
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	869
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	870
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	871
3716.11 of the Revised Code, felonious sexual penetration in	872
violation of former section 2907.12 of the Revised Code, a	873
violation of section 2905.04 of the Revised Code as it existed	874
prior to July 1, 1996, a violation of section 2919.23 of the	875
Revised Code that would have been a violation of section 2905.04	876
of the Revised Code as it existed prior to July 1, 1996, had the	877
violation been committed prior to that date;	878

(b) An existing or former law of this state, any other state,	879
or the United States that is substantially equivalent to any of	880
the offenses listed in division (A)(5)(a) of this section.	881

(6) On receipt of a request pursuant to section 3701.881 of	882
the Revised Code with respect to an applicant for employment with	883
a home health agency in a position that involves providing direct	884
care to an older adult, a completed form prescribed pursuant to	885
division (C)(1) of this section, and a set of fingerprint	886
impressions obtained in the manner described in division (C)(2) of	887
this section, the superintendent of the bureau of criminal	888
identification and investigation shall conduct a criminal records	889
check. The superintendent shall conduct the criminal records check	890
in the manner described in division (B) of this section to	891
determine whether any information exists that indicates that the	892
person who is the subject of the request previously has been	893
convicted of or pleaded guilty to any of the following:	894

(a) A violation of section 2903.01, 2903.02, 2903.03,	895
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	896
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	897
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	898
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	899
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	900
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	901
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	902
2925.22, 2925.23, or 3716.11 of the Revised Code;	903

(b) An existing or former law of this state, any other state,	904
or the United States that is substantially equivalent to any of	905
the offenses listed in division (A)(6)(a) of this section.	906

(7) When conducting a criminal records check upon a request	907
pursuant to section 3319.39 of the Revised Code for an applicant	908
who is a teacher, in addition to the determination made under	909
division (A)(1) of this section, the superintendent shall	910
determine whether any information exists that indicates that the	911
person who is the subject of the request previously has been	912
convicted of or pleaded guilty to any offense specified in section	913
3319.31 of the Revised Code.	914

(8) On a request pursuant to section 2151.86 of the Revised	915
Code, a completed form prescribed pursuant to division (C)(1) of	916
this section, and a set of fingerprint impressions obtained in the	917
manner described in division (C)(2) of this section, the	918
superintendent of the bureau of criminal identification and	919
investigation shall conduct a criminal records check in the manner	920
described in division (B) of this section to determine whether any	921
information exists that indicates that the person who is the	922
subject of the request previously has been convicted of or pleaded	923
guilty to any of the following:	924

(a) A violation of section 2903.01, 2903.02, 2903.03,	925
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	926
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	927
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	928
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	929
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	930
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	931
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	932
violation of section 2905.04 of the Revised Code as it existed	933
prior to July 1, 1996, a violation of section 2919.23 of the	934
Revised Code that would have been a violation of section 2905.04	935
of the Revised Code as it existed prior to July 1, 1996, had the	936
violation been committed prior to that date, a violation of	937
section 2925.11 of the Revised Code that is not a minor drug	938
possession offense, or felonious sexual penetration in violation	939
of former section 2907.12 of the Revised Code;	940

(b) A violation of an existing or former law of this state,	941
any other state, or the United States that is substantially	942
equivalent to any of the offenses listed in division (A)(8)(a) of	943
this section.	944

(9) When conducting a criminal records check on a request	945
pursuant to section 5104.013 of the Revised Code for a person who	946
is an owner, licensee, or administrator of a child day-care center	947
or type A family day-care home, an authorized provider of a	948
certified type B family day-care home, or an adult residing in a	949
type A or certified type B home, or when conducting a criminal	950
records check or a request pursuant to section 5104.012 of the	951
Revised Code for a person who is an applicant for employment in a	952
center, type A home, or certified type B home, the superintendent,	953
in addition to the determination made under division (A)(1) of	954
this section, shall determine whether any information exists that	955
indicates that the person has been convicted of or pleaded guilty	956
to any of the following:	957

(a) A violation of section 2913.02, 2913.03, 2913.04,	958
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	959
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	960
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	961
2921.13, or 2923.01 of the Revised Code, a violation of section	962
2923.02 or 2923.03 of the Revised Code that relates to a crime	963
specified in this division or division (A)(1)(a) of this section,	964
or a second violation of section 4511.19 of the Revised Code	965
within five years of the date of application for licensure or	966
certification.	967

(b) A violation of an existing or former law of this state,	968
any other state, or the United States that is substantially	969
equivalent to any of the offenses or violations described in	970
division (A)(9)(a) of this section.	971

(10) Upon receipt of a request pursuant to section 5153.111	972
of the Revised Code, a completed form prescribed pursuant to	973
division (C)(1) of this section, and a set of fingerprint	974
impressions obtained in the manner described in division (C)(2) of	975
this section, the superintendent of the bureau of criminal	976
identification and investigation shall conduct a criminal records	977
check in the manner described in division (B) of this section to	978
determine whether any information exists that indicates that the	979
person who is the subject of the request previously has been	980
convicted of or pleaded guilty to any of the following:	981

(a) A violation of section 2903.01, 2903.02, 2903.03,	982
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	983
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	984
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	985
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	986
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	987
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	988
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	989
felonious sexual penetration in violation of former section	990
2907.12 of the Revised Code, a violation of section 2905.04 of the	991
Revised Code as it existed prior to July 1, 1996, a violation of	992
section 2919.23 of the Revised Code that would have been a	993
violation of section 2905.04 of the Revised Code as it existed	994
prior to July 1, 1996, had the violation been committed prior to	995
that date, or a violation of section 2925.11 of the Revised Code	996
that is not a minor drug possession offense;	997

(b) A violation of an existing or former law of this state,	998
any other state, or the United States that is substantially	999
equivalent to any of the offenses listed in division (A)(10)(a) of	1000
this section.	1001

(11) On receipt of a request for a criminal records check	1002
from an individual pursuant to section 4749.03 or 4749.06 of the	1003
Revised Code, accompanied by a completed copy of the form	1004
prescribed in division (C)(1) of this section and a set of	1005
fingerprint impressions obtained in a manner described in division	1006
(C)(2) of this section, the superintendent of the bureau of	1007
criminal identification and investigation shall conduct a criminal	1008
records check in the manner described in division (B) of this	1009
section to determine whether any information exists indicating	1010
that the person who is the subject of the request has been	1011
convicted of or pleaded guilty to a felony in this state or in any	1012
other state. If the individual indicates that a firearm will be	1013
carried in the course of business, the superintendent shall	1014
require information from the federal bureau of investigation as	1015
described in division (B)(2) of this section. The superintendent	1016
shall report the findings of the criminal records check and any	1017
information the federal bureau of investigation provides to the	1018
director of public safety.	1019

(12) On receipt of a request pursuant to section 1322.03,	1020
1322.031, or 4763.05 of the Revised Code, a completed form	1021
prescribed pursuant to division (C)(1) of this section, and a set	1022
of fingerprint impressions obtained in the manner described in	1023
division (C)(2) of this section, the superintendent of the bureau	1024
of criminal identification and investigation shall conduct a	1025
criminal records check with respect to any person who has applied	1026
for a license, permit, or certification from the department of	1027
commerce or a division in the department. The superintendent shall	1028
conduct the criminal records check in the manner described in	1029
division (B) of this section to determine whether any information	1030
exists that indicates that the person who is the subject of the	1031
request previously has been convicted of or pleaded guilty to any	1032
of the following: a violation of section 2913.02, 2913.11,	1033
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	1034
criminal offense involving theft, receiving stolen property,	1035
embezzlement, forgery, fraud, passing bad checks, money	1036
laundering, or drug trafficking, or any criminal offense involving	1037
money or securities, as set forth in Chapters 2909., 2911., 2913.,	1038
2915., 2921., 2923., and 2925. of the Revised Code; or any	1039
existing or former law of this state, any other state, or the	1040
United States that is substantially equivalent to those offenses.	1041

(13) Not later than thirty days after the date the	1042
superintendent receives the request, completed form, and	1043
fingerprint impressions, the superintendent shall send the person,	1044
board, or entity that made the request any information, other than	1045
information the dissemination of which is prohibited by federal	1046
law, the superintendent determines exists with respect to the	1047
person who is the subject of the request that indicates that the	1048
person previously has been convicted of or pleaded guilty to any	1049
offense listed or described in division (A)(1), (2), (3), (4),	1050
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	1051
appropriate. The superintendent shall send the person, board, or	1052
entity that made the request a copy of the list of offenses	1053
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	1054
(9), (10), (11), or (12) of this section, as appropriate. If the	1055
request was made under section 3701.881 of the Revised Code with	1056
regard to an applicant who may be both responsible for the care,	1057
custody, or control of a child and involved in providing direct	1058
care to an older adult, the superintendent shall provide a list of	1059
the offenses specified in divisions (A)(4) and (6) of this	1060
section.	1061

(B) The superintendent shall conduct any criminal records	1062
check requested under section 121.08, 173.27, 173.394, 1322.03,	1063
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	1064
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	1065
~~5111.95, 5111.96~~5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	1066
5126.281, or 5153.111 of the Revised Code as follows:	1067

(1) The superintendent shall review or cause to be reviewed	1068
any relevant information gathered and compiled by the bureau under	1069
division (A) of section 109.57 of the Revised Code that relates to	1070
the person who is the subject of the request, including any	1071
relevant information contained in records that have been sealed	1072
under section 2953.32 of the Revised Code;	1073

(2) If the request received by the superintendent asks for	1074
information from the federal bureau of investigation, the	1075
superintendent shall request from the federal bureau of	1076
investigation any information it has with respect to the person	1077
who is the subject of the request and shall review or cause to be	1078
reviewed any information the superintendent receives from that	1079
bureau.	1080

(3) The superintendent or the superintendent's designee may	1081
request criminal history records from other states or the federal	1082
government pursuant to the national crime prevention and privacy	1083
compact set forth in section 109.571 of the Revised Code.	1084

(C)(1) The superintendent shall prescribe a form to obtain	1085
the information necessary to conduct a criminal records check from	1086
any person for whom a criminal records check is required by	1087
section 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	1088
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1089
4749.03, 4749.06, 4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~	1090
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	1091
5153.111 of the Revised Code. The form that the superintendent	1092
prescribes pursuant to this division may be in a tangible format,	1093
in an electronic format, or in both tangible and electronic	1094
formats.	1095

(2) The superintendent shall prescribe standard impression	1096
sheets to obtain the fingerprint impressions of any person for	1097
whom a criminal records check is required by section 121.08,	1098
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	1099
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	1100
4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~5111.032, 5111.033,	1101
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1102
Code. Any person for whom a records check is required by any of	1103
those sections shall obtain the fingerprint impressions at a	1104
county sheriff's office, municipal police department, or any other	1105
entity with the ability to make fingerprint impressions on the	1106
standard impression sheets prescribed by the superintendent. The	1107
office, department, or entity may charge the person a reasonable	1108
fee for making the impressions. The standard impression sheets the	1109
superintendent prescribes pursuant to this division may be in a	1110
tangible format, in an electronic format, or in both tangible and	1111
electronic formats.	1112

(3) Subject to division (D) of this section, the	1113
superintendent shall prescribe and charge a reasonable fee for	1114
providing a criminal records check requested under section 121.08,	1115
173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,	1116
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06,	1117
4763.05, 5104.012, 5104.013, ~~5111.95, 5111.96~~5111.032, 5111.033,	1118
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	1119
Code. The person making a criminal records request under section	1120
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	1121
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	1122
4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081,	1123
5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the	1124
fee prescribed pursuant to this division. A person making a	1125
request under section 3701.881 of the Revised Code for a criminal	1126
records check for an applicant who may be both responsible for the	1127
care, custody, or control of a child and involved in providing	1128
direct care to an older adult shall pay one fee for the request.	1129
In the case of a request under section 5111.033 of the Revised	1130
Code, the fee shall be paid in the manner specified in that	1131
section.	1132

(4) The superintendent of the bureau of criminal	1133
identification and investigation may prescribe methods of	1134
forwarding fingerprint impressions and information necessary to	1135
conduct a criminal records check, which methods shall include, but	1136
not be limited to, an electronic method.	1137

(D) A determination whether any information exists that	1138
indicates that a person previously has been convicted of or	1139
pleaded guilty to any offense listed or described in division	1140
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1141
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	1142
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this section	1143
that is made by the superintendent with respect to information	1144
considered in a criminal records check in accordance with this	1145
section is valid for the person who is the subject of the criminal	1146
records check for a period of one year from the date upon which	1147
the superintendent makes the determination. During the period in	1148
which the determination in regard to a person is valid, if another	1149
request under this section is made for a criminal records check	1150
for that person, the superintendent shall provide the information	1151
that is the basis for the superintendent's initial determination	1152
at a lower fee than the fee prescribed for the initial criminal	1153
records check.	1154

(E) As used in this section:

1155

(1) "Criminal records check" means any criminal records check	1156
conducted by the superintendent of the bureau of criminal	1157
identification and investigation in accordance with division (B)	1158
of this section.	1159

(2) ~~"Home and community-based waiver services" and "waiver~~	1160
~~agency" have the same meanings as in section 5111.95 of the~~	1161
~~Revised Code.~~	1162

~~(3) "Independent provider" has the same meaning as in section~~	1163
~~5111.96 of the Revised Code.~~	1164

~~(4)~~ "Minor drug possession offense" has the same meaning as	1165
in section 2925.01 of the Revised Code.	1166

~~(5)~~(3) "Older adult" means a person age sixty or older.

1167

Sec. 109.93. The attorney general education fund is hereby	1168
created in the ~~custody of the treasurer of~~ state treasury. The	1169
fund shall consist of gifts and grants received by the attorney	1170
general for the purposes of the fund. The fund shall be	1171
administered by the attorney general and shall be used to support	1172
various educational programs. These educational programs may	1173
include programs for consumer protection, victims of crime,	1174
environmental protection, drug abuse, child abuse, peace officer	1175
training, crime prevention, and law. The fund may also be used to	1176
pay costs associated with the solicitation of gifts and grants for	1177
the purposes of the fund, and the costs of administering the fund.	1178
The fund shall not be used to replace money spent by local	1179
programs for similar purposes.	1180

Sec. 111.18. (A) The secretary of state shall keep a record	1181
of all fees collected by the secretary of state and, subject to	1182
division (B) of section 1309.528 of the Revised Code and except as	1183
otherwise provided in the Revised Code, shall pay them into the	1184
state treasury to the credit of the corporate and uniform	1185
commercial code filing fund created by section 1309.528 of the	1186
Revised Code.	1187

(B) The secretary of state may implement alternative payment	1188
programs that permit payment of any fee charged by the secretary	1189
of state by means other than cash, check, money order, or credit	1190
card; an alternative payment program may include, but is not	1191
limited to, one that permits a fee to be paid by electronic means	1192
of transmission. Fees paid under an alternative payment program	1193
shall be deposited to the credit of the secretary of state	1194
alternative payment program fund, which is hereby created~~. The~~	1195
~~secretary of state alternative payment program fund shall be~~ in	1196
the ~~custody of the treasurer of state but shall not be part of the~~	1197
state treasury. Any investment income of the secretary of state	1198
alternative payment program fund shall be credited to that fund	1199
and used to operate the alternative payment program. Within two	1200
working days following the deposit of funds to the credit of the	1201
secretary of state alternative payment program fund, the secretary	1202
of state shall pay those funds ~~into the state treasury~~ to the	1203
credit of the corporate and uniform commercial code filing fund,	1204
subject to division (B) of section 1309.401 of the Revised Code	1205
and except as otherwise provided in the Revised Code.	1206

The secretary of state shall adopt rules necessary to carry	1207
out the purposes of this division.	1208

Sec. 117.11. (A) Except as otherwise provided in this	1209
division and in section 117.112 of the Revised Code, the auditor	1210
of state shall audit each public office at least once every two	1211
fiscal years. The auditor of state shall audit a public office	1212
each fiscal year if that public office is required to be audited	1213
on an annual basis pursuant to "The Single Audit Act of 1984," 98	1214
Stat. 2327, 31 U.S.C.A. 7501 et seq., as amended. In the annual or	1215
biennial audit, inquiry shall be made into the methods, accuracy,	1216
and legality of the accounts, financial reports, records, files,	1217
and reports of the office, whether the laws, rules, ordinances,	1218
and orders pertaining to the office have been observed, and	1219
whether the requirements and rules of the auditor of state have	1220
been complied with. Except as otherwise provided in this division	1221
or where auditing standards or procedures dictate otherwise, each	1222
audit shall cover at least one fiscal year. If a public office is	1223
audited only once every two fiscal years, the audit shall cover	1224
both fiscal years.	1225

(B) In addition to the annual or biennial audit provided for	1226
in division (A) of this section, the auditor of state may conduct	1227
an audit of a public office at any time when so requested by the	1228
public office or upon the auditor of state's own initiative if the	1229
auditor of state has reasonable cause to believe that an	1230
additional audit is in the public interest.	1231

(C)(1) The auditor of state shall identify any public office	1232
in which the auditor of state will be unable to conduct an audit	1233
at least once every two fiscal years as required by division (A)	1234
of this section and shall provide immediate written notice to the	1235
clerk of the legislative authority or governing board of the	1236
public office so identified. Within six months of the receipt of	1237
such notice, the legislative authority or governing board may	1238
engage an independent certified public accountant to conduct an	1239
audit pursuant to section 117.12 of the Revised Code.	1240

(2) When the chief fiscal officer of a public office notifies	1241
the auditor of state that an audit is required at a time prior to	1242
the next regularly scheduled audit by the auditor of state, the	1243
auditor of state shall either cause an earlier audit to be made by	1244
the auditor of state or authorize the legislative authority or	1245
governing board of the public office to engage an independent	1246
certified public accountant to conduct the required audit. The	1247
scope of the audit shall be as authorized by the auditor of state.	1248

(3) The auditor of state shall approve the scope of an audit	1249
under division (C)(1) or (2) of this section as set forth in the	1250
contract for the proposed audit before the contract is executed on	1251
behalf of the public office that is to be audited. The independent	1252
accountant conducting an audit under division (C)(1) or (2) of	1253
this section shall be paid by the public office.	1254

(D) If a uniform accounting network is established under	1255
section 117.101 of the Revised Code, the auditor of state or a	1256
certified public accountant employed pursuant to this section or	1257
section 115.56 or 117.12 of the Revised Code shall, to the extent	1258
practicable, utilize services offered by the network in order to	1259
conduct efficient and economical audits of public offices.	1260

(E) The auditor of state shall, in accordance with division	1261
(A)(3) of section 9.65 of the Revised Code and this section, audit	1262
an annuity program for volunteer fire fighters established by a	1263
political subdivision under section 9.65 of the Revised Code. As	1264
used in this section, "volunteer fire fighters" and "political	1265
subdivision" have the same meanings as in division (C) of section	1266
9.65 of the Revised Code.	1267

Sec. 117.112. The auditor of state shall audit the Buckeye	1268
tobacco settlement financing authority each fiscal year in	1269
accordance with this chapter. The auditor may engage an	1270
independent certified public accountant to conduct the audit.	1271

Sec. 119.07. Except when a statute prescribes a notice and	1272
the persons to whom it shall be given, in all cases in which	1273
section 119.06 of the Revised Code requires an agency to afford an	1274
opportunity for a hearing prior to the issuance of an order, the	1275
agency shall give notice to the party informing ~~him~~the party of	1276
~~his~~the party's right to a hearing. Notice shall be given by	1277
registered or certified mail, return receipt requested, and shall	1278
include the charges or other reasons for the proposed action, the	1279
law or rule directly involved, and a statement informing the party	1280
that hethe party is entitled to a hearing if hethe party	1281
requests it within thirty days of the time of mailing the notice.	1282
The notice shall also inform the party that at the hearing hethe	1283
party may appear in person, by ~~his~~the party's attorney, or by	1284
such other representative as is permitted to practice before the	1285
agency, or may present ~~his~~the party's position, arguments, or	1286
contentions in writing and that at the hearing hethe party may	1287
present evidence and examine witnesses appearing for and against	1288
~~him~~the party. A copy of the notice shall be mailed to attorneys	1289
or other representatives of record representing the party. This	1290
paragraph does not apply to situations in which such section	1291
provides for a hearing only when it is requested by the party.	1292

When a statute specifically permits the suspension of a	1293
license without a prior hearing, notice of the agency's order	1294
shall be sent to the party by registered or certified mail, return	1295
receipt requested, not later than the business day next succeeding	1296
such order. The notice shall state the reasons for the agency's	1297
action, cite the law or rule directly involved, and state that the	1298
party will be afforded a hearing if hethe party requests it	1299
within thirty days of the time of mailing the notice. A copy of	1300
the notice shall be mailed to attorneys or other representatives	1301
of record representing the party.	1302

Whenever a party requests a hearing in accordance with this	1303
section and section 119.06 of the Revised Code, the agency shall	1304
immediately set the date, time, and place for the hearing and	1305
forthwith notify the party thereof. The date set for the hearing	1306
shall be within fifteen days, but not earlier than seven days,	1307
after the party has requested a hearing, unless otherwise agreed	1308
to by both the agency and the party.	1309

When any notice sent by registered or certified mail, as	1310
required by sections 119.01 to 119.13 of the Revised Code, is	1311
returned because of failure of delivery the agency shall send the	1312
notice by ordinary mail to the party at the party's last known	1313
address and shall obtain a certificate of mailing. Service by	1314
ordinary mail is complete when the certificate of mailing is	1315
obtained. If a notice sent by ordinary mail is returned showing	1316
failure of delivery, the agency shall notify the attorneys or	1317
other representatives of record representing the party of the	1318
failure of delivery and serve a copy of the notice upon them, by	1319
ordinary or registered or certified mail; if ordinary mail is	1320
used, the agency shall obtain a certificate of mailing. Service	1321
upon the attorneys or other representatives of record is complete	1322
when the notice is mailed. If there are no attorneys or other	1323
representatives of record representing the party, the agency	1324
either shall make personal delivery of the notice by an employee	1325
or agent of the agency or shall cause a summary of the substantive	1326
provisions of the notice to be published once a week for three	1327
consecutive weeks in a newspaper of general circulation in the	1328
county where the last known ~~place of residence or business~~address	1329
of the party is located. When notice is given by publication, a	1330
~~copy of the newspaper~~a proof of publication affidavit, with the	1331
first publication of the notice ~~marked~~set forth in the affidavit,	1332
shall be mailed by ordinary mail to the party at the party's last	1333
known address and the notice shall be deemed received as of the	1334
date of the last publication. An employee or agent of the agency	1335
may make personal delivery of the notice upon a party at any time.	1336

Refusal of delivery by personal service or by mail is not	1337
failure of delivery. Failure of delivery occurs only when, with	1338
reasonable diligence, a party cannot be found to make personal	1339
service of a notice, or if a mailed notice is returned by the	1340
postal authorities marked undeliverable, addressee unknown, or	1341
forwarding address unknown or expired. A party's last known	1342
address is the mailing address of the party appearing in the	1343
records of the agency.	1344

The failure of an agency to give the notices for any hearing	1345
required by sections 119.01 to 119.13 of the Revised Code in the	1346
manner provided in this section shall invalidate any order entered	1347
pursuant to the hearing.	1348

Sec. 120.33. (A) In lieu of using a county public defender	1349
or joint county public defender to represent indigent persons in	1350
the proceedings set forth in division (A) of section 120.16 of the	1351
Revised Code, the board of county commissioners of any county may	1352
adopt a resolution to pay counsel who are either personally	1353
selected by the indigent person or appointed by the court. The	1354
resolution shall include those provisions the board of county	1355
commissioners considers necessary to provide effective	1356
representation of indigent persons in any proceeding for which	1357
counsel is provided under this section. The resolution shall	1358
include provisions for contracts with any municipal corporation	1359
under which the municipal corporation shall reimburse the county	1360
for counsel appointed to represent indigent persons charged with	1361
violations of the ordinances of the municipal corporation.	1362

(1) In a county that adopts a resolution to pay counsel, an	1363
indigent person shall have the right to do either of the	1364
following:	1365

(a) To select the person's own personal counsel to represent	1366
the person in any proceeding included within the provisions of the	1367
resolution;	1368

(b) To request the court to appoint counsel to represent the	1369
person in such a proceeding.	1370

(2) The court having jurisdiction over the proceeding in a	1371
county that adopts a resolution to pay counsel shall, after	1372
determining that the person is indigent and entitled to legal	1373
representation under this section, do either of the following:	1374

(a) By signed journal entry recorded on its docket, enter the	1375
name of the lawyer selected by the indigent person as counsel of	1376
record;	1377

(b) Appoint counsel for the indigent person if the person has	1378
requested the court to appoint counsel and, by signed journal	1379
entry recorded on its dockets, enter the name of the lawyer	1380
appointed for the indigent person as counsel of record.	1381

(3) The board of county commissioners shall establish a	1382
schedule of fees by case or on an hourly basis to be paid to	1383
counsel for legal services provided pursuant to a resolution	1384
adopted under this section. Prior to establishing the schedule,	1385
the board of county commissioners shall request the bar	1386
association or associations of the county to submit a proposed	1387
schedule. The schedule submitted shall be subject to the review,	1388
amendment, and approval of the board of county commissioners.	1389

(4) Counsel selected by the indigent person or appointed by	1390
the court at the request of an indigent person in a county that	1391
adopts a resolution to pay counsel, except for counsel appointed	1392
to represent a person charged with any violation of an ordinance	1393
of a municipal corporation that has not contracted with the county	1394
commissioners for the payment of appointed counsel, shall be paid	1395
by the county and shall receive the compensation and expenses the	1396
court approves. Each request for payment shall be accompanied by a	1397
financial disclosure form and an affidavit of indigency that are	1398
completed by the indigent person on forms prescribed by the state	1399
public defender. Compensation and expenses shall not exceed the	1400
amounts fixed by the board of county commissioners in the schedule	1401
adopted pursuant to division (A)(3) of this section. No court	1402
shall approve compensation and expenses that exceed the amount	1403
fixed pursuant to division (A)(3) of this section.	1404

The fees and expenses approved by the court shall not be	1405
taxed as part of the costs and shall be paid by the county.	1406
However, if the person represented has, or may reasonably be	1407
expected to have, the means to meet some part of the cost of the	1408
services rendered to the person, the person shall pay the county	1409
an amount that the person reasonably can be expected to pay.	1410
Pursuant to section 120.04 of the Revised Code, the county shall	1411
pay to the state public defender a percentage of the payment	1412
received from the person in an amount proportionate to the	1413
percentage of the costs of the person's case that were paid to the	1414
county by the state public defender pursuant to this section. The	1415
money paid to the state public defender shall be credited to the	1416
client payment fund created pursuant to division (B)(5) of section	1417
120.04 of the Revised Code.	1418

The county auditor shall draw a warrant on the county	1419
treasurer for the payment of counsel in the amount fixed by the	1420
court, plus the expenses the court fixes and certifies to the	1421
auditor. The county auditor shall report periodically, but not	1422
less than annually, to the board of county commissioners and to	1423
the ~~Ohio~~state public defender ~~commission~~ the amounts paid out	1424
pursuant to the approval of the court. The board of county	1425
commissioners, after review and approval of the auditor's report,	1426
or the county auditor, with permission from and notice to the	1427
board of county commissioners, may then certify it to the state	1428
public defender for reimbursement. ~~If a~~The state public defender	1429
may pay a requested reimbursement only if the request for	1430
reimbursement is ~~not~~ accompanied by a financial disclosure form	1431
and an affidavit of indigency completed by the indigent person on	1432
forms prescribed by the state public defender~~, the state public~~	1433
~~defender shall not pay the requested reimbursement~~or if the court	1434
certifies by electronic signature as prescribed by the state	1435
public defender that a financial disclosure form and affidavit of	1436
indigency have been completed by the indigent person and are	1437
available for inspection. If a request for the reimbursement of	1438
the cost of counsel in any case is not received by the state	1439
public defender within ninety days after the end of the calendar	1440
month in which the case is finally disposed of by the court,	1441
unless the county has requested and the state public defender has	1442
granted an extension of the ninety-day limit, the state public	1443
defender shall not pay the requested reimbursement. The state	1444
public defender shall also review the report and, in accordance	1445
with the standards, guidelines, and maximums established pursuant	1446
to divisions (B)(7) and (8) of section 120.04 of the Revised Code,	1447
prepare a voucher for fifty per cent of the total cost of each	1448
county appointed counsel system in the period of time covered by	1449
the certified report and a voucher for fifty per cent of the costs	1450
and expenses that are reimbursable under section 120.35 of the	1451
Revised Code, if any, or, if the amount of money appropriated by	1452
the general assembly to reimburse counties for the operation of	1453
county public defender offices, joint county public defender	1454
offices, and county appointed counsel systems is not sufficient to	1455
pay fifty per cent of the total cost of all of the offices and	1456
systems other than costs and expenses that are reimbursable under	1457
section 120.35 of the Revised Code, for the lesser amount required	1458
by section 120.34 of the Revised Code.	1459

(5) If any county appointed counsel system fails to maintain	1460
the standards for the conduct of the system established by the	1461
rules of the Ohio public defender commission pursuant to divisions	1462
(B) and (C) of section 120.03 or the standards established by the	1463
state public defender pursuant to division (B)(7) of section	1464
120.04 of the Revised Code, the Ohio public defender commission	1465
shall notify the board of county commissioners of the county that	1466
the county appointed counsel system has failed to comply with its	1467
rules or the standards of the state public defender. Unless the	1468
board of county commissioners corrects the conduct of its	1469
appointed counsel system to comply with the rules and standards	1470
within ninety days after the date of the notice, the state public	1471
defender may deny all or part of the county's reimbursement from	1472
the state provided for in division (A)(4) of this section.	1473

(B) In lieu of using a county public defender or joint county	1474
public defender to represent indigent persons in the proceedings	1475
set forth in division (A) of section 120.16 of the Revised Code,	1476
and in lieu of adopting the resolution and following the procedure	1477
described in division (A) of this section, the board of county	1478
commissioners of any county may contract with the state public	1479
defender for the state public defender's legal representation of	1480
indigent persons. A contract entered into pursuant to this	1481
division may provide for payment for the services provided on a	1482
per case, hourly, or fixed contract basis.	1483

(C) If a court appoints an attorney pursuant to this section	1484
to represent a petitioner in a postconviction relief proceeding	1485
under section 2953.21 of the Revised Code, the petitioner has	1486
received a sentence of death, and the proceeding relates to that	1487
sentence, the attorney who represents the petitioner in the	1488
proceeding pursuant to the appointment shall be certified under	1489
Rule 20 of the Rules of Superintendence for the Courts of Ohio to	1490
represent indigent defendants charged with or convicted of an	1491
offense for which the death penalty can be or has been imposed.	1492

Sec. 122.051. There is hereby created in the state treasury	1493
the international trade cooperative projects fund. The fund shall	1494
consist of moneys received from private and nonprofit	1495
organizations involved in cooperative agreements related to	1496
import/export and direct foreign investment activities and cash	1497
transfers from other state agencies or any state or local	1498
government to encourage, promote, and assist trade and commerce	1499
between this state and foreign nations, pursuant to section 122.05	1500
and division (E) of section 122.04 of the Revised Code.	1501

Sec. 122.071. There is hereby created in the state treasury	1502
the travel and tourism cooperative projects fund consisting of all	1503
grants, gifts, and contributions made to the director of	1504
development for marketing and promotion of travel and tourism	1505
within this state pursuant to division (F) of section 122.04 and	1506
section 122.07 of the Revised Code.	1507

Sec. 122.076. There is hereby created in the state treasury	1508
the energy projects fund consisting of nonfederal revenue that is	1509
remitted to the director of development for the purpose of energy	1510
projects. Money in the fund shall be used by the department of	1511
development for energy projects and to pay the costs incurred in	1512
administering the energy projects.	1513

Sec. 122.17. (A) As used in this section:

1514

(1) "Full-time employee" means an individual who is employed	1515
for consideration for at least an average of thirty-five hours a	1516
week or, who renders any other standard of service generally	1517
accepted by custom or specified by contract as full-time	1518
employment, or who is employed for consideration for such time or	1519
renders such service but is on family or medical leave under the	1520
federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,	1521
107 Stat. 6, as amended, or on active duty reserve or Ohio	1522
national guard service.	1523

(2) "New employee" means one of the following:

1524

(a) A full-time employee first employed by a taxpayer in the	1525
project that is the subject of the agreement after the taxpayer	1526
enters into a tax credit agreement with the tax credit authority	1527
under this section;	1528

(b) A full-time employee first employed by a taxpayer in the	1529
project that is the subject of the tax credit after the tax credit	1530
authority approves a project for a tax credit under this section	1531
in a public meeting, as long as the taxpayer enters into the tax	1532
credit agreement prepared by the department of development after	1533
such meeting within sixty days after receiving the agreement from	1534
the department. If the taxpayer fails to enter into the agreement	1535
within sixty days, "new employee" has the same meaning as under	1536
division (A)(2)(a) of this section. A full-time employee may be	1537
considered a "new employee" of a taxpayer, despite previously	1538
having been employed by a related member of the taxpayer, if all	1539
of the following apply:	1540

(i) The related member is a party to the tax credit agreement	1541
at the time the employee is first employed with the taxpayer;	1542

(ii) The related member will remain subject to the tax	1543
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	1544
under Chapter 5751. of the Revised Code for the remainder of the	1545
term of the tax credit, and the tax credit is taken against	1546
liability for that same tax through the remainder of the term of	1547
the tax credit; and	1548

(iii) The employee was considered a new employee of the	1549
related member prior to employment with the taxpayer.	1550

Under division (A)(2)(a) or (b) of this section, if the tax	1551
credit authority determines it appropriate, "new employee" also	1552
may include an employee re-hired or called back from lay-off to	1553
work in a new facility or on a new product or service established	1554
or produced by the taxpayer after entering into the agreement	1555
under this section or after the tax credit authority approves the	1556
tax credit in a public meeting. Except as otherwise provided in	1557
this paragraph, "new employee" does not include any employee of	1558
the taxpayer who was previously employed in this state by a	1559
related member of the taxpayer and whose employment was shifted to	1560
the taxpayer after the taxpayer entered into the tax credit	1561
agreement or after the tax credit authority approved the credit in	1562
a public meeting, or any employee of the taxpayer for which the	1563
taxpayer has been granted a certificate under division (B) of	1564
section 5709.66 of the Revised Code. However, if the taxpayer is	1565
engaged in the enrichment and commercialization of uranium or	1566
uranium products or is engaged in research and development	1567
activities related thereto and if the tax credit authority	1568
determines it appropriate, "new employee" may include an employee	1569
of the taxpayer who was previously employed in this state by a	1570
related member of the taxpayer and whose employment was shifted to	1571
the taxpayer after the taxpayer entered into the tax credit	1572
agreement or after the tax credit authority approved the credit in	1573
a public meeting. "New employee" does not include an employee of	1574
the taxpayer who is employed in an employment position that was	1575
relocated to a project from other operations of the taxpayer in	1576
this state or from operations of a related member of the taxpayer	1577
in this state. In addition, "new employee" does not include a	1578
child, grandchild, parent, or spouse, other than a spouse who is	1579
legally separated from the individual, of any individual who is an	1580
employee of the taxpayer and who has a direct or indirect	1581
ownership interest of at least five per cent in the profits,	1582
capital, or value of the taxpayer. Such ownership interest shall	1583
be determined in accordance with section 1563 of the Internal	1584
Revenue Code and regulations prescribed thereunder.	1585

(3) "New income tax revenue" means the total amount withheld	1586
under section 5747.06 of the Revised Code by the taxpayer during	1587
the taxable year, or during the calendar year that includes the	1588
tax period, from the compensation of new employees for the tax	1589
levied under Chapter 5747. of the Revised Code.	1590

(4) "Related member" has the same meaning as under division	1591
(A)(6) of section 5733.042 of the Revised Code without regard to	1592
division (B) of that section.	1593

(B) The tax credit authority may make grants under this	1594
section to foster job creation in this state. Such a grant shall	1595
take the form of a refundable credit allowed against the tax	1596
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	1597
under Chapter 5751. of the Revised Code. The credit shall be	1598
claimed for the taxable years or tax periods specified in the	1599
taxpayer's agreement with the tax credit authority under division	1600
(D) of this section. With respect to taxes imposed under section	1601
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	1602
credit shall be claimed in the order required under section	1603
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	1604
the credit available for a taxable year or for a calendar year	1605
that includes a tax period equals the new income tax revenue for	1606
that year multiplied by the percentage specified in the agreement	1607
with the tax credit authority. Any credit granted under this	1608
section against the tax imposed by section 5733.06 or 5747.02 of	1609
the Revised Code, to the extent not fully utilized against such	1610
tax for taxable years ending prior to 2008, shall automatically be	1611
converted without any action taken by the tax credit authority to	1612
a credit against the tax levied under Chapter 5751. of the Revised	1613
Code for tax periods beginning on or after July 1, 2008, provided	1614
that the person to whom the credit was granted is subject to such	1615
tax. The converted credit shall apply to those calendar years in	1616
which the remaining taxable years specified in the agreement end.	1617

(C) A taxpayer or potential taxpayer who proposes a project	1618
to create new jobs in this state may apply to the tax credit	1619
authority to enter into an agreement for a tax credit under this	1620
section. The director of development shall prescribe the form of	1621
the application. After receipt of an application, the authority	1622
may enter into an agreement with the taxpayer for a credit under	1623
this section if it determines all of the following:	1624

(1) The taxpayer's project will create new jobs in this	1625
state;	1626

(2) The taxpayer's project is economically sound and will	1627
benefit the people of this state by increasing opportunities for	1628
employment and strengthening the economy of this state;	1629

(3) Receiving the tax credit is a major factor in the	1630
taxpayer's decision to go forward with the project.	1631

(D) An agreement under this section shall include all of the	1632
following:	1633

(1) A detailed description of the project that is the subject	1634
of the agreement;	1635

(2) The term of the tax credit, which shall not exceed	1636
fifteen years, and the first taxable year, or first calendar year	1637
that includes a tax period, for which the credit may be claimed;	1638

(3) A requirement that the taxpayer shall maintain operations	1639
at the project location for at least twice the number of years as	1640
the term of the tax credit;	1641

(4) The percentage, as determined by the tax credit	1642
authority, of new income tax revenue that will be allowed as the	1643
amount of the credit for each taxable year or for each calendar	1644
year that includes a tax period;	1645

(5) A specific method for determining how many new employees	1646
are employed during a taxable year or during a calendar year that	1647
includes a tax period;	1648

(6) A requirement that the taxpayer annually shall report to	1649
the director of development the number of new employees, the new	1650
income tax revenue withheld in connection with the new employees,	1651
and any other information the director needs to perform the	1652
director's duties under this section;	1653

(7) A requirement that the director of development annually	1654
shall verify the amounts reported under division (D)(6) of this	1655
section, and after doing so shall issue a certificate to the	1656
taxpayer stating that the amounts have been verified;	1657

(8)(a) A provision requiring that the taxpayer, except as	1658
otherwise provided in division (D)(8)(b) of this section, shall	1659
not relocate employment positions from elsewhere in this state to	1660
the project site that is the subject of the agreement for the	1661
lesser of five years from the date the agreement is entered into	1662
or the number of years the taxpayer is entitled to claim the tax	1663
credit.	1664

(b) The taxpayer may relocate employment positions from	1665
elsewhere in this state to the project site that is the subject of	1666
the agreement if the director of development determines both of	1667
the following:	1668

(i) That the site from which the employment positions would	1669
be relocated is inadequate to meet market and industry conditions,	1670
expansion plans, consolidation plans, or other business	1671
considerations affecting the taxpayer;	1672

(ii) That the legislative authority of the county, township,	1673
or municipal corporation from which the employment positions would	1674
be relocated has been notified of the relocation.	1675

For purposes of this section, the movement of an employment	1676
position from one political subdivision to another political	1677
subdivision shall be considered a relocation of an employment	1678
position, but the transfer of an individual employee from one	1679
political subdivision to another political subdivision shall not	1680
be considered a relocation of an employment position as long as	1681
the individual's employment position in the first political	1682
subdivision is refilled.	1683

(E) If a taxpayer fails to meet or comply with any condition	1684
or requirement set forth in a tax credit agreement, the tax credit	1685
authority may amend the agreement to reduce the percentage or term	1686
of the tax credit. The reduction of the percentage or term shall	1687
take effect (1) in the taxable year immediately following the	1688
taxable year in which the authority amends the agreement or the	1689
director of development notifies the taxpayer in writing of such	1690
failure, or (2) in the first tax period beginning in the calendar	1691
year immediately following the calendar year in which the	1692
authority amends the agreement or the director notifies the	1693
taxpayer in writing of such failure. If the taxpayer fails to	1694
annually report any of the information required by division (D)(6)	1695
of this section within the time required by the director, the	1696
reduction of the percentage or term may take effect in the current	1697
taxable year. If the taxpayer relocates employment positions in	1698
violation of the provision required under division (D)(8)(a) of	1699
this section, the taxpayer shall not claim the tax credit under	1700
section 5733.0610 of the Revised Code for any tax years following	1701
the calendar year in which the relocation occurs, or shall not	1702
claim the tax credit under section 5725.32, 5729.032, or 5747.058	1703
of the Revised Code for the taxable year in which the relocation	1704
occurs and any subsequent taxable years, and shall not claim the	1705
tax credit under division (A) of section 5751.50 of the Revised	1706
Code for any tax period in the calendar year in which the	1707
relocation occurs and any subsequent tax periods.	1708

(F) Projects that consist solely of point-of-final-purchase	1709
retail facilities are not eligible for a tax credit under this	1710
section. If a project consists of both point-of-final-purchase	1711
retail facilities and nonretail facilities, only the portion of	1712
the project consisting of the nonretail facilities is eligible for	1713
a tax credit and only the new income tax revenue from new	1714
employees of the nonretail facilities shall be considered when	1715
computing the amount of the tax credit. If a warehouse facility is	1716
part of a point-of-final-purchase retail facility and supplies	1717
only that facility, the warehouse facility is not eligible for a	1718
tax credit. Catalog distribution centers are not considered	1719
point-of-final-purchase retail facilities for the purposes of this	1720
division, and are eligible for tax credits under this section.	1721

(G) Financial statements and other information submitted to	1722
the department of development or the tax credit authority by an	1723
applicant or recipient of a tax credit under this section, and any	1724
information taken for any purpose from such statements or	1725
information, are not public records subject to section 149.43 of	1726
the Revised Code. However, the chairperson of the authority may	1727
make use of the statements and other information for purposes of	1728
issuing public reports or in connection with court proceedings	1729
concerning tax credit agreements under this section. Upon the	1730
request of the tax commissioner or, if the applicant or recipient	1731
is an insurance company, upon the request of the superintendent of	1732
insurance, the chairperson of the authority shall provide to the	1733
commissioner or superintendent any statement or information	1734
submitted by an applicant or recipient of a tax credit in	1735
connection with the credit. The commissioner or superintendent	1736
shall preserve the confidentiality of the statement or	1737
information.	1738

(H) A taxpayer claiming a credit under this section shall	1739
submit to the tax commissioner or, if the taxpayer is an insurance	1740
company, to the superintendent of insurance, a copy of the	1741
director of development's certificate of verification under	1742
division (D)(7) of this section with the taxpayer's tax report or	1743
return for the taxable year or for the calendar year that includes	1744
the tax period. Failure to submit a copy of the certificate with	1745
the report or return does not invalidate a claim for a credit if	1746
the taxpayer submits a copy of the certificate to the commissioner	1747
or superintendent within sixty days after the commissioner or	1748
superintendent requests it.	1749

(I) The director of development, after consultation with the	1750
tax commissioner and the superintendent of insurance and in	1751
accordance with Chapter 119. of the Revised Code, shall adopt	1752
rules necessary to implement this section. The rules may provide	1753
for recipients of tax credits under this section to be charged	1754
fees to cover administrative costs of the tax credit program. The	1755
fees collected shall be credited to the tax incentive programs	1756
operating fund created in section 122.174 of the Revised Code. At	1757
the time the director gives public notice under division (A) of	1758
section 119.03 of the Revised Code of the adoption of the rules,	1759
the director shall submit copies of the proposed rules to the	1760
chairpersons of the standing committees on economic development in	1761
the senate and the house of representatives.	1762

(J) For the purposes of this section, a taxpayer may include	1763
a partnership, a corporation that has made an election under	1764
subchapter S of chapter one of subtitle A of the Internal Revenue	1765
Code, or any other business entity through which income flows as a	1766
distributive share to its owners. A ~~credit received under this~~	1767
~~section by a~~ partnership, S-corporation, or other such business	1768
entity ~~shall be apportioned among~~may elect to pass the credit	1769
received under this section through to the persons to whom the	1770
income or profit of the partnership, S-corporation, or other	1771
entity is distributed,. The election shall be made on the annual	1772
report required under division (D)(6) of this section. The	1773
election applies to and is irrevocable for the credit for which	1774
the report is submitted. If the election is made, the credit shall	1775
be apportioned among those persons in the same proportions as	1776
those in which the income or profit is distributed.	1777

(K) If the director of development determines that a taxpayer	1778
who has received a credit under this section is not complying with	1779
the requirement under division (D)(3) of this section, the	1780
director shall notify the tax credit authority of the	1781
noncompliance. After receiving such a notice, and after giving the	1782
taxpayer an opportunity to explain the noncompliance, the tax	1783
credit authority may require the taxpayer to refund to this state	1784
a portion of the credit in accordance with the following:	1785

(1) If the taxpayer maintained operations at the project	1786
location for at least one and one-half times the number of years	1787
of the term of the tax credit, an amount not exceeding twenty-five	1788
per cent of the sum of any previously allowed credits under this	1789
section;	1790

(2) If the taxpayer maintained operations at the project	1791
location for at least the number of years of the term of the tax	1792
credit, an amount not exceeding fifty per cent of the sum of any	1793
previously allowed credits under this section;	1794

(3) If the taxpayer maintained operations at the project	1795
location for less than the number of years of the term of the tax	1796
credit, an amount not exceeding one hundred per cent of the sum of	1797
any previously allowed credits under this section.	1798

In determining the portion of the tax credit to be refunded	1799
to this state, the tax credit authority shall consider the effect	1800
of market conditions on the taxpayer's project and whether the	1801
taxpayer continues to maintain other operations in this state.	1802
After making the determination, the authority shall certify the	1803
amount to be refunded to the tax commissioner or superintendent of	1804
insurance, as appropriate. If the amount is certified to the	1805
commissioner, the commissioner shall make an assessment for that	1806
amount against the taxpayer under Chapter 5733., 5747., or 5751.	1807
of the Revised Code. If the amount is certified to the	1808
superintendent, the superintendent shall make an assessment for	1809
that amount against the taxpayer under Chapter 5725. or 5729. of	1810
the Revised Code. The time limitations on assessments under those	1811
chapters do not apply to an assessment under this division, but	1812
the commissioner or superintendent, as appropriate, shall make the	1813
assessment within one year after the date the authority certifies	1814
to the commissioner or superintendent the amount to be refunded.	1815

(L) On or before the thirty-first day of March each year, the	1816
director of development shall submit a report to the governor, the	1817
president of the senate, and the speaker of the house of	1818
representatives on the tax credit program under this section. The	1819
report shall include information on the number of agreements that	1820
were entered into under this section during the preceding calendar	1821
year, a description of the project that is the subject of each	1822
such agreement, and an update on the status of projects under	1823
agreements entered into before the preceding calendar year.	1824

(M) There is hereby created the tax credit authority, which	1825
consists of the director of development and four other members	1826
appointed as follows: the governor, the president of the senate,	1827
and the speaker of the house of representatives each shall appoint	1828
one member who shall be a specialist in economic development; the	1829
governor also shall appoint a member who is a specialist in	1830
taxation. Of the initial appointees, the members appointed by the	1831
governor shall serve a term of two years; the members appointed by	1832
the president of the senate and the speaker of the house of	1833
representatives shall serve a term of four years. Thereafter,	1834
terms of office shall be for four years. Initial appointments to	1835
the authority shall be made within thirty days after January 13,	1836
1993. Each member shall serve on the authority until the end of	1837
the term for which the member was appointed. Vacancies shall be	1838
filled in the same manner provided for original appointments. Any	1839
member appointed to fill a vacancy occurring prior to the	1840
expiration of the term for which the member's predecessor was	1841
appointed shall hold office for the remainder of that term.	1842
Members may be reappointed to the authority. Members of the	1843
authority shall receive their necessary and actual expenses while	1844
engaged in the business of the authority. The director of	1845
development shall serve as chairperson of the authority, and the	1846
members annually shall elect a vice-chairperson from among	1847
themselves. Three members of the authority constitute a quorum to	1848
transact and vote on the business of the authority. The majority	1849
vote of the membership of the authority is necessary to approve	1850
any such business, including the election of the vice-chairperson.	1851

The director of development may appoint a professional	1852
employee of the department of development to serve as the	1853
director's substitute at a meeting of the authority. The director	1854
shall make the appointment in writing. In the absence of the	1855
director from a meeting of the authority, the appointed substitute	1856
shall serve as chairperson. In the absence of both the director	1857
and the director's substitute from a meeting, the vice-chairperson	1858
shall serve as chairperson.	1859

(N) For purposes of the credits granted by this section	1860
against the taxes imposed under sections 5725.18 and 5729.03 of	1861
the Revised Code, "taxable year" means the period covered by the	1862
taxpayer's annual statement to the superintendent of insurance.	1863

Sec. 122.171. (A) As used in this section:

1864

(1) "Capital investment project" means a plan of investment	1865
at a project site for the acquisition, construction, renovation,	1866
or repair of buildings, machinery, or equipment, or for	1867
capitalized costs of basic research and new product development	1868
determined in accordance with generally accepted accounting	1869
principles, but does not include any of the following:	1870

(a) Payments made for the acquisition of personal property	1871
through operating leases;	1872

(b) Project costs paid before January 1, 2002;

1873

(c) Payments made to a related member as defined in section	1874
5733.042 of the Revised Code or to an elected consolidated	1875
taxpayer or a combined taxpayer as defined in section 5751.01 of	1876
the Revised Code.	1877

(2) "Eligible business" means a business with Ohio operations	1878
satisfying all of the following:	1879

(a) Employed an average of at least one thousand employees in	1880
full-time employment positions at a project site during each of	1881
the twelve months preceding the application for a tax credit under	1882
this section; and	1883

(b) On or after January 1, 2002, has made payments for the	1884
capital investment project of either of the following:	1885

(i) At least two hundred million dollars in the aggregate at	1886
the project site during a period of three consecutive calendar	1887
years including the calendar year that includes a day of the	1888
taxpayer's taxable year or tax period with respect to which the	1889
credit is granted;	1890

(ii) If the average wage of all full-time employment	1891
positions at the project site is greater than four hundred per	1892
cent of the federal minimum wage, at least one hundred million	1893
dollars in the aggregate at the project site during a period of	1894
three consecutive calendar years including the calendar year that	1895
includes a day of the taxpayer's taxable year or tax period with	1896
respect to which the credit is granted.	1897

(c) Is engaged at the project site primarily as a	1898
manufacturer or is providing significant corporate administrative	1899
functions;	1900

(d) Has had a capital investment project reviewed and	1901
approved by the tax credit authority as provided in divisions (C),	1902
(D), and (E) of this section.	1903

(3) "Full-time employment position" means a position of	1904
employment for consideration for at least an average of	1905
thirty-five hours a week that has been filled for at least one	1906
hundred eighty days immediately preceding the filing of an	1907
application under this section and for at least one hundred eighty	1908
days during each taxable year or each calendar year that includes	1909
a tax period with respect to which the credit is granted, or is	1910
employed in such position for consideration for such time, but is	1911
on active duty reserve or Ohio national guard service.	1912

(4) "Manufacturer" has the same meaning as in section	1913
5739.011 of the Revised Code.	1914

(5) "Project site" means an integrated complex of facilities	1915
in this state, as specified by the tax credit authority under this	1916
section, within a fifteen-mile radius where a taxpayer is	1917
primarily operating as an eligible business.	1918

(6) "Applicable corporation" means a corporation satisfying	1919
all of the following:	1920

(a)(i) For the entire taxable year immediately preceding the	1921
tax year, the corporation develops software applications primarily	1922
to provide telecommunication billing and information services	1923
through outsourcing or licensing to domestic or international	1924
customers.	1925

(ii) Sales and licensing of software generated at least six	1926
hundred million dollars in revenue during the taxable year	1927
immediately preceding the tax year the corporation is first	1928
entitled to claim the credit provided under division (B) of this	1929
section.	1930

(b) For the entire taxable year immediately preceding the tax	1931
year, the corporation or one or more of its related members	1932
provides customer or employee care and technical support for	1933
clients through one or more contact centers within this state, and	1934
the corporation and its related members together have a daily	1935
average, based on a three-hundred-sixty-five-day year, of at least	1936
five hundred thousand successful customer contacts through one or	1937
more of their contact centers, wherever located.	1938

(c) The corporation is eligible for the credit under division	1939
(B) of this section for the tax year.	1940

(7) "Related member" has the same meaning as in section	1941
5733.042 of the Revised Code as that section existed on the	1942
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1943
general assembly, September 29, 1997.	1944

(8) "Successful customer contact" means a contact with an end	1945
user via telephone, including interactive voice recognition or	1946
similar means, where the contact culminates in a conversation or	1947
connection other than a busy signal or equipment busy.	1948

(9) "Telecommunications" means all forms of	1949
telecommunications service as defined in section 5739.01 of the	1950
Revised Code, and includes services in wireless, wireline, cable,	1951
broadband, internet protocol, and satellite.	1952

(10)(a) "Applicable difference" means the difference between	1953
the tax for the tax year under Chapter 5733. of the Revised Code	1954
applying the law in effect for that tax year, and the tax for that	1955
tax year if section 5733.042 of the Revised Code applied as that	1956
section existed on the effective date of its amendment by Am. Sub.	1957
H.B. 215 of the 122nd general assembly, September 29, 1997,	1958
subject to division (A)(10)(b) of this section.	1959

(b) If the tax rate set forth in division (B) of section	1960
5733.06 of the Revised Code for the tax year is less than eight	1961
and one-half per cent, the tax calculated under division	1962
(A)(10)(a) of this section shall be computed by substituting a tax	1963
rate of eight and one-half per cent for the rate set forth in	1964
division (B) of section 5733.06 of the Revised Code for the tax	1965
year.	1966

(c) If the resulting difference is negative, the applicable	1967
tax difference for the tax year shall be zero.	1968

(B) The tax credit authority created under section 122.17 of	1969
the Revised Code may grant tax credits under this section for the	1970
purpose of fostering job retention in this state. Upon application	1971
by an eligible business and upon consideration of the	1972
recommendation of the director of budget and management, tax	1973
commissioner, and director of development under division (C) of	1974
this section, the tax credit authority may grant to an eligible	1975
business a nonrefundable credit against the tax imposed by section	1976
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1977
taxable years and against the tax levied by Chapter 5751. of the	1978
Revised Code for a period of up to fifteen calendar years. The	1979
credit shall be in an amount not exceeding seventy-five per cent	1980
of the Ohio income tax withheld from the employees of the eligible	1981
business occupying full-time employment positions at the project	1982
site during the calendar year that includes the last day of such	1983
business' taxable year or tax period with respect to which the	1984
credit is granted. The amount of the credit shall not be based on	1985
the Ohio income tax withheld from full-time employees for a	1986
calendar year prior to the calendar year in which the minimum	1987
investment requirement referred to in division (A)(2)(b) of this	1988
section is completed. The credit shall be claimed only for the	1989
taxable years or tax periods specified in the eligible business'	1990
agreement with the tax credit authority under division (E) of this	1991
section, but in no event shall the credit be claimed for a taxable	1992
year or tax period terminating before the date specified in the	1993
agreement. Any credit granted under this section against the tax	1994
imposed by section 5733.06 or 5747.02 of the Revised Code, to the	1995
extent not fully utilized against such tax for taxable years	1996
ending prior to 2008, shall automatically be converted without any	1997
action taken by the tax credit authority to a credit against the	1998
tax levied under Chapter 5751. of the Revised Code for tax periods	1999
beginning on or after July 1, 2008, provided that the person to	2000
whom the credit was granted is subject to such tax. The converted	2001
credit shall apply to those calendar years in which the remaining	2002
taxable years specified in the agreement end.	2003

The credit computed under this division is in addition to any	2004
credit allowed under division (M) of this section which the tax	2005
credit authority may also include in the agreement.	2006

Any unused portion of a tax credit may be carried forward for	2007
not more than three additional years after the year for which the	2008
credit is granted.	2009

(C) A taxpayer that proposes a capital investment project to	2010
retain jobs in this state may apply to the tax credit authority to	2011
enter into an agreement for a tax credit under this section. The	2012
director of development shall prescribe the form of the	2013
application. After receipt of an application, the authority shall	2014
forward copies of the application to the director of budget and	2015
management, the tax commissioner, and the director of development,	2016
each of whom shall review the application to determine the	2017
economic impact the proposed project would have on the state and	2018
the affected political subdivisions and shall submit a summary of	2019
their determinations and recommendations to the authority.	2020

(D) Upon review of the determinations and recommendations	2021
described in division (C) of this section, the tax credit	2022
authority may enter into an agreement with the taxpayer for a	2023
credit under this section if the authority determines all of the	2024
following:	2025

(1) The taxpayer's capital investment project will result in	2026
the retention of full-time employment positions in this state.	2027

(2) The taxpayer is economically sound and has the ability to	2028
complete the proposed capital investment project.	2029

(3) The taxpayer intends to and has the ability to maintain	2030
operations at the project site for at least twice the term of the	2031
credit.	2032

(4) Receiving the credit is a major factor in the taxpayer's	2033
decision to begin, continue with, or complete the project.	2034

(5) The political subdivisions in which the project is	2035
located have agreed to provide substantial financial support to	2036
the project.	2037

(E) An agreement under this section shall include all of the	2038
following:	2039

(1) A detailed description of the project that is the subject	2040
of the agreement, including the amount of the investment, the	2041
period over which the investment has been or is being made, and	2042
the number of full-time employment positions at the project site.	2043

(2) The method of calculating the number of full-time	2044
employment positions as specified in division (A)(3) of this	2045
section.	2046

(3) The term and percentage of the tax credit, and the first	2047
year for which the credit may be claimed.	2048

(4) A requirement that the taxpayer maintain operations at	2049
the project site for at least twice the number of years as the	2050
term of the credit.	2051

(5) A requirement that the taxpayer retain a specified number	2052
of full-time employment positions at the project site and within	2053
this state for the term of the credit, including a requirement	2054
that the taxpayer continue to employ at least one thousand	2055
employees in full-time employment positions at the project site	2056
during the entire term of any agreement, subject to division	2057
(E)(7) of this section.	2058

(6) A requirement that the taxpayer annually report to the	2059
director of development the number of full-time employment	2060
positions subject to the credit, the amount of tax withheld from	2061
employees in those positions, the amount of the payments made for	2062
the capital investment project, and any other information the	2063
director needs to perform the director's duties under this	2064
section.	2065

(7) A requirement that the director of development annually	2066
review the annual reports of the taxpayer to verify the	2067
information reported under division (E)(6) of this section and	2068
compliance with the agreement. Upon verification, the director	2069
shall issue a certificate to the taxpayer stating that the	2070
information has been verified and identifying the amount of the	2071
credit for the taxable year. Unless otherwise specified by the tax	2072
credit authority in a resolution and included as part of the	2073
agreement, the director shall not issue a certificate for any year	2074
in which the total number of filled full-time employment positions	2075
for each day of the calendar year divided by three hundred	2076
sixty-five is less than ninety per cent of the full-time	2077
employment positions specified in division (E)(5) of this section.	2078
In determining the number of full-time employment positions, no	2079
position shall be counted that is filled by an employee who is	2080
included in the calculation of a tax credit under section 122.17	2081
of the Revised Code.	2082

(8)(a) A provision requiring that the taxpayer, except as	2083
otherwise provided in division (E)(8)(b) of this section, shall	2084
not relocate employment positions from elsewhere in this state to	2085
the project site that is the subject of the agreement for the	2086
lesser of five years from the date the agreement is entered into	2087
or the number of years the taxpayer is entitled to claim the	2088
credit.	2089

(b) The taxpayer may relocate employment positions from	2090
elsewhere in this state to the project site that is the subject of	2091
the agreement if the director of development determines both of	2092
the following:	2093

(i) That the site from which the employment positions would	2094
be relocated is inadequate to meet market and industry conditions,	2095
expansion plans, consolidation plans, or other business	2096
considerations affecting the taxpayer;	2097

(ii) That the legislative authority of the county, township,	2098
or municipal corporation from which the employment positions would	2099
be relocated has been notified of the relocation.	2100

For purposes of this section, the movement of an employment	2101
position from one political subdivision to another political	2102
subdivision shall be considered a relocation of an employment	2103
position unless the movement is confined to the project site. The	2104
transfer of an individual employee from one political subdivision	2105
to another political subdivision shall not be considered a	2106
relocation of an employment position as long as the individual's	2107
employment position in the first political subdivision is	2108
refilled.	2109

(9) A waiver by the taxpayer of any limitations periods	2110
relating to assessments or adjustments resulting from the	2111
taxpayer's failure to comply with the agreement.	2112

(F) If a taxpayer fails to meet or comply with any condition	2113
or requirement set forth in a tax credit agreement, the tax credit	2114
authority may amend the agreement to reduce the percentage or term	2115
of the credit. The reduction of the percentage or term shall take	2116
effect (1) in the taxable year immediately following the taxable	2117
year in which the authority amends the agreement or the director	2118
of development notifies the taxpayer in writing of such failure,	2119
or (2) in the first tax period beginning in the calendar year	2120
immediately following the calendar year in which the authority	2121
amends the agreement or the director notifies the taxpayer in	2122
writing of such failure. If the taxpayer fails to annually report	2123
any of the information required by division (E)(6) of this section	2124
within the time required by the director, the reduction of the	2125
percentage or term may take effect in the current taxable year. If	2126
the taxpayer relocates employment positions in violation of the	2127
provision required under division (D)(8)(a) of this section, the	2128
taxpayer shall not claim the tax credit under section 5733.0610 of	2129
the Revised Code for any tax years following the calendar year in	2130
which the relocation occurs, shall not claim the tax credit under	2131
section 5747.058 of the Revised Code for the taxable year in which	2132
the relocation occurs and any subsequent taxable years, and shall	2133
not claim the tax credit under division (A) of section 5751.50 of	2134
the Revised Code for the tax period in which the relocation occurs	2135
and any subsequent tax periods.	2136

(G) Financial statements and other information submitted to	2137
the department of development or the tax credit authority by an	2138
applicant for or recipient of a tax credit under this section, and	2139
any information taken for any purpose from such statements or	2140
information, are not public records subject to section 149.43 of	2141
the Revised Code. However, the chairperson of the authority may	2142
make use of the statements and other information for purposes of	2143
issuing public reports or in connection with court proceedings	2144
concerning tax credit agreements under this section. Upon the	2145
request of the tax commissioner, the chairperson of the authority	2146
shall provide to the commissioner any statement or other	2147
information submitted by an applicant for or recipient of a tax	2148
credit in connection with the credit. The commissioner shall	2149
preserve the confidentiality of the statement or other	2150
information.	2151

(H) A taxpayer claiming a tax credit under this section shall	2152
submit to the tax commissioner a copy of the director of	2153
development's certificate of verification under division (E)(7) of	2154
this section with the taxpayer's tax report or return for the	2155
taxable year or for the calendar year that includes the tax	2156
period. Failure to submit a copy of the certificate with the	2157
report or return does not invalidate a claim for a credit if the	2158
taxpayer submits a copy of the certificate to the commissioner	2159
within sixty days after the commissioner requests it.	2160

(I) For the purposes of this section, a taxpayer may include	2161
a partnership, a corporation that has made an election under	2162
subchapter S of chapter one of subtitle A of the Internal Revenue	2163
Code, or any other business entity through which income flows as a	2164
distributive share to its owners. A ~~tax credit received under this~~	2165
~~section by a~~ partnership, S-corporation, or other such business	2166
entity ~~shall be apportioned among~~may elect to pass the credit	2167
received under this section through to the persons to whom the	2168
income or profit of the partnership, S-corporation, or other	2169
entity is distributed,. The election shall be made on the annual	2170
report required under division (E)(6) of this section. The	2171
election applies to and is irrevocable for the credit for which	2172
the report is submitted. If the election is made, the credit shall	2173
be apportioned among those persons in the same proportions as	2174
those in which the income or profit is distributed.	2175

(J) If the director of development determines that a taxpayer	2176
that received a tax credit under this section is not complying	2177
with the requirement under division (E)(4) of this section, the	2178
director shall notify the tax credit authority of the	2179
noncompliance. After receiving such a notice, and after giving the	2180
taxpayer an opportunity to explain the noncompliance, the	2181
authority may terminate the agreement and require the taxpayer to	2182
refund to the state all or a portion of the credit claimed in	2183
previous years, as follows:	2184

(1) If the taxpayer maintained operations at the project site	2185
for less than the term of the credit, the amount required to be	2186
refunded shall not exceed the amount of any tax credits previously	2187
allowed and received under this section.	2188

(2) If the taxpayer maintained operations at the project site	2189
longer than the term of the credit but less than one and one-half	2190
times the term of the credit, the amount required to be refunded	2191
shall not exceed fifty per cent of the sum of any tax credits	2192
previously allowed and received under this section.	2193

(3) If the taxpayer maintained operations at the project site	2194
for at least one and one-half times the term of the credit but	2195
less than twice the term of the credit, the amount required to be	2196
refunded shall not exceed twenty-five per cent of the sum of any	2197
tax credits previously allowed and received under this section.	2198

In determining the portion of the credit to be refunded to	2199
this state, the authority shall consider the effect of market	2200
conditions on the taxpayer's project and whether the taxpayer	2201
continues to maintain other operations in this state. After making	2202
the determination, the authority shall certify the amount to be	2203
refunded to the tax commissioner. The commissioner shall make an	2204
assessment for that amount against the taxpayer under Chapter	2205
5733., 5747., or 5751. of the Revised Code. The time limitations	2206
on assessments under those chapters do not apply to an assessment	2207
under this division, but the commissioner shall make the	2208
assessment within one year after the date the authority certifies	2209
to the commissioner the amount to be refunded.	2210

If the director of development determines that a taxpayer	2211
that received a tax credit under this section has reduced the	2212
number of employees agreed to under division (E)(5) of this	2213
section by more than ten per cent, the director shall notify the	2214
tax credit authority of the noncompliance. After receiving such	2215
notice, and after providing the taxpayer an opportunity to explain	2216
the noncompliance, the authority may amend the agreement to reduce	2217
the percentage or term of the tax credit. The reduction in the	2218
percentage or term shall take effect in the taxable year, or in	2219
the calendar year that includes the tax period, in which the	2220
authority amends the agreement.	2221

(K) The director of development, after consultation with the	2222
tax commissioner and in accordance with Chapter 119. of the	2223
Revised Code, shall adopt rules necessary to implement this	2224
section. The rules may provide for recipients of tax credits under	2225
this section to be charged fees to cover administrative costs of	2226
the tax credit program. The fees collected shall be credited to	2227
the tax incentive programs operating fund created in section	2228
122.174 of the Revised Code. At the time the director gives public	2229
notice under division (A) of section 119.03 of the Revised Code of	2230
the adoption of the rules, the director shall submit copies of the	2231
proposed rules to the chairpersons of the standing committees on	2232
economic development in the senate and the house of	2233
representatives.	2234

(L) On or before the thirty-first day of March of each year,	2235
the director of development shall submit a report to the governor,	2236
the president of the senate, and the speaker of the house of	2237
representatives on the tax credit program under this section. The	2238
report shall include information on the number of agreements that	2239
were entered into under this section during the preceding calendar	2240
year, a description of the project that is the subject of each	2241
such agreement, and an update on the status of projects under	2242
agreements entered into before the preceding calendar year.	2243

(M)(1) A nonrefundable credit shall be allowed to an	2244
applicable corporation and its related members in an amount equal	2245
to the applicable difference. The credit is in addition to the	2246
credit granted to the corporation or related members under	2247
division (B) of this section. The credit is subject to divisions	2248
(B) to (E) and division (J) of this section.	2249

(2) A person qualifying as an applicable corporation under	2250
this section for a tax year does not necessarily qualify as an	2251
applicable corporation for any other tax year. No person is	2252
entitled to the credit allowed under division (M) of this section	2253
for the tax year immediately following the taxable year during	2254
which the person fails to meet the requirements in divisions	2255
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	2256
to the credit allowed under division (M) of this section for any	2257
tax year for which the person is not eligible for the credit	2258
provided under division (B) of this section.	2259

Sec. 122.174. There is hereby created in the state treasury	2260
the tax incentive programs operating fund. Money collected	2261
pursuant to division (I) of section 121.17, division (K) of	2262
section 122.171, division (C) of section 3735.672, and division	2263
(C) of section 5709.68 of the Revised Code shall be credited to	2264
the fund. The director of development shall use money in the fund	2265
to pay expenses related to the administration of the tax credit	2266
programs authorized by sections 122.17, 122.171, 3735.672, and	2267
5709.68 of the Revised Code.	2268

Sec. 122.602. (A) There is hereby created in the department	2269
of development the capital access loan program to assist	2270
participating financial institutions in making program loans to	2271
eligible businesses that face barriers in accessing working	2272
capital and obtaining fixed asset financing. In administering the	2273
program, the director of development may do any of the following:	2274

(1) Receive and accept grants, gifts, and contributions of	2275
money, property, labor, and other things of value to be held,	2276
used, and applied only for the purpose for which the grants,	2277
gifts, and contributions are made, from individuals, private and	2278
public corporations, the United States or any agency of the United	2279
States, the state or any agency of the state, or any political	2280
subdivision of the state;	2281

(2) Agree to repay any contribution of money or return any	2282
property contributed or the value of that property at the times,	2283
in the amounts, and on the terms and conditions, excluding the	2284
payment of interest, that the director consents to at the time a	2285
contribution is made; and evidence obligations by notes, bonds, or	2286
other written instruments;	2287

(3) Adopt rules under Chapter 119. of the Revised Code to	2288
carry out the purposes of the program specified in sections 122.60	2289
to 122.605 of the Revised Code;	2290

(4) Engage in all other acts, and enter into contracts and	2291
execute all instruments, necessary or appropriate to carry out the	2292
purposes specified in sections 122.60 to 122.605 of the Revised	2293
Code.	2294

(B) The director shall determine the eligibility of a	2295
financial institution to participate in the program and may set a	2296
limit on the number of financial institutions that may participate	2297
in the program.	2298

(C) To be considered eligible by the director to participate	2299
in the program, a financial institution shall enter into a	2300
participation agreement with the department that sets out the	2301
terms and conditions under which the department will deposit	2302
moneys from the fund into the financial institution's program	2303
reserve account, specifies the criteria for loan qualification	2304
under the program, and contains any additional terms the director	2305
considers necessary.	2306

(D) After receiving the certification required under division	2307
(C) of section 122.603 of the Revised Code, the director may	2308
disburse moneys from the fund to a participating financial	2309
institution for deposit in its program reserve account if the	2310
director determines that the capital access loan involved meets	2311
all of the following criteria:	2312

(1) It will be made to an eligible business.

2313

(2) It will be used by the eligible business for a project,	2314
activity, or enterprise that fosters economic development.	2315

(3) It will not be made in order to enroll in the program	2316
prior debt that is not covered under the program and that is owed	2317
or was previously owed by an eligible business to the financial	2318
institution.	2319

(4) It will not be utilized for a project or development	2320
related to the on-site construction or purchase of residential	2321
housing.	2322

(5) It will not be used to finance passive real estate	2323
ownership.	2324

(6) It conforms to the requirements of divisions (E), (F),	2325
(G), (H), and (I) of this section, and to the rules adopted by the	2326
director under division (A)(3) of this section.	2327

(E) The director shall not approve a capital access loan to	2328
an eligible business that exceeds two hundred fifty thousand	2329
dollars for working capital or five hundred thousand dollars for	2330
the purchase of fixed assets. An eligible business may apply for	2331
the maximum amount of both working capital and the purchase of	2332
fixed assets in the same capital access loan.	2333

(F) A financial institution may apply to the director for the	2334
approval of a capital access loan to any business that is owned or	2335
operated by a person that has previously defaulted under any state	2336
financial assistance program.	2337

(G) Eligible businesses that apply for a capital access loan	2338
shall comply with section 9.66 of the Revised Code.	2339

(H) A financial institution may apply to the director for the	2340
approval of a capital access loan that refinances a nonprogram	2341
loan made by another financial institution.	2342

(I) The director shall not approve a capital access loan that	2343
refinances a nonprogram loan made by the same financial	2344
institution, unless the amount of the refinanced loan exceeds the	2345
existing debt, in which case only the amount exceeding the	2346
existing debt is eligible for a loan under the program.	2347

~~(J) The director shall not approve any capital access loan~~	2348
~~made after June 30, 2007, or enter into a participation agreement~~	2349
~~with any financial institution after that date.~~	2350

Sec. 122.652. (A)(1) An applicant seeking a grant or loan for	2351
a brownfield cleanup or remediation project from the clean Ohio	2352
revitalization fund created in section 122.658 of the Revised Code	2353
shall request an application form from the appropriate integrating	2354
committee with geographical jurisdiction over the project for	2355
which a grant or loan is sought. The applicant shall complete the	2356
application and include all of the information required by	2357
sections 122.65 to 122.658 of the Revised Code and policies and	2358
requirements established under section 122.657 of the Revised	2359
Code.	2360

(2) In addition to the information that is required to be	2361
included in the application under division (A)(1) of this section,	2362
an applicant shall include an affidavit signed by the authorized	2363
representative of the applicant certifying that the applicant did	2364
not cause or contribute to the release of hazardous substances or	2365
petroleum at the brownfield that is the subject of the	2366
application.	2367

No person shall submit a false affidavit under division	2368
(A)(2) of this section.	2369

(3) After completion of the application, but prior to the	2370
submission of the application to the integrating committee under	2371
division (B) of this section, the applicant shall conduct a public	2372
meeting concerning the application and the proposed cleanup or	2373
remediation. Not later than forty-five days prior to conducting	2374
the public meeting, the applicant shall provide notice of the	2375
date, time, and location of the public meeting in a newspaper of	2376
general circulation in the county in which the property that is	2377
the subject of the application is located. In addition, not later	2378
than forty-five days prior to the hearing, the applicant shall	2379
post notice of the date, time, and location of the public meeting	2380
at the property on a sign that measures not less than four feet by	2381
four feet or, if the political subdivision in which the sign is to	2382
be posted prohibits a sign of that size, the maximum size of sign	2383
permitted by that political subdivision.	2384

In addition, not later than forty-five days prior to the	2385
public meeting, the applicant shall provide a copy of the	2386
application to a public library in the vicinity of the property	2387
for public review. The submission of the application and the	2388
location of the public library shall be included in the notice	2389
required under this division. The general public may submit	2390
comments to the applicant concerning the application prior to and	2391
at the public meeting.	2392

(B) An applicant shall submit a completed application, all	2393
required information, and an application summary to the	2394
appropriate integrating committee. Based on a review of the	2395
application summaries submitted to it, an integrating committee	2396
or, if required under division (C) of this section, the executive	2397
committee of the integrating committee shall prioritize all	2398
applications in accordance with criteria and procedures	2399
established pursuant to section 122.657 of the Revised Code. The	2400
integrating committee shall choose not more than six applications	2401
annually that it determines merit funding and shall forward those	2402
applications and all accompanying information to the clean Ohio	2403
council. In prioritizing and choosing applications under this	2404
division, an integrating committee or, if required under division	2405
(C) of this section, the executive committee of the integrating	2406
committee shall consult with local and regional economic	2407
development agencies or resources, community development agencies	2408
or organizations, local business organizations, and other	2409
appropriate entities located or operating in the geographic	2410
jurisdiction of the integrating committee.	2411

Notwithstanding this division or division (C) of this	2412
section, if an integrating committee receives only one application	2413
in any given year, the chair of the integrating committee or, if	2414
required under division (C) of this section, the chair of the	2415
executive committee of the integrating committee may forward that	2416
application to the clean Ohio council as the district's top	2417
priority project for that year without a vote of the full	2418
integrating committee or executive committee, as applicable.	2419

(C) For purposes of division (B) of this section, all	2420
decisions of an integrating committee that is required to be	2421
organized in accordance with division (A)(5) or (6) of section	2422
164.04 of the Revised Code shall be approved by its executive	2423
committee that is required to be established under division (A)(7)	2424
or (8) of that section. The affirmative vote of at least seven	2425
members of an executive committee established under division	2426
(A)(7) of section 164.04 of the Revised Code, or of at least nine	2427
members of an executive committee established under division	2428
(A)(8) of that section, is required for any action taken by an	2429
executive committee for purposes of division (B) of this section.	2430
A decision of an executive committee may be rejected by a vote of	2431
at least two-thirds of the full membership of the applicable	2432
integrating committee not later than thirty days after the	2433
executive committee action. If an executive committee is required	2434
under this division to prioritize applications under division (B)	2435
of this section, only applications that are approved by the	2436
executive committee may be submitted to the clean Ohio council for	2437
purposes of sections 122.65 to 122.659 of the Revised Code.	2438

(D) The clean Ohio council shall supply application forms to	2439
each integrating committee.	2440

Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)	2441
and (3) of this section, each exempt employee shall be paid a	2442
salary or wage in accordance with schedule E-1 or schedule E-2 of	2443
division (B), (C), or (D) of this section, as applicable.	2444

(2) Each exempt employee who holds a position in the	2445
unclassified civil service pursuant to division (A)(26) or (30) of	2446
section 124.11 of the Revised Code may be paid a salary or wage in	2447
accordance with schedule E-1, schedule E-1 for step seven only, or	2448
schedule E-2 of division (B) or, (C), (D), (E), (F), or (G) of	2449
this section, as applicable.	2450

(3)(a) Except as provided in division (A)(3)(b) of this	2451
section, each exempt employee who was paid a salary or wage at	2452
step 7 in the employee's pay range on June 28, 2003, in accordance	2453
with the applicable schedule E-1 of former section 124.152 of the	2454
Revised Code and who continued to be so paid on June 29, 2003,	2455
shall be paid a salary or wage in the corresponding pay range in	2456
schedule E-1 for step seven only of division ~~(C)~~(E), (F), or (G)	2457
of this section, as applicable, for as long as the employee	2458
remains in the position the employee held as of July 1, 2003.	2459

(b) Except as provided in division (A)(3)(c) of this section,	2460
if an exempt employee who is being paid a salary or wage in	2461
accordance with schedule E-1 for step seven only of division	2462
~~(C)~~(E), (F), or (G) of this section, as applicable, moves to	2463
another position, the employee shall not receive a salary or wage	2464
for that position or any other position in the future in	2465
accordance with that schedule.	2466

(c) If an exempt employee who is being paid a salary or wage	2467
in accordance with schedule E-1 for step seven only of division	2468
~~(C)~~(E), (F), or (G) of this section, as applicable, moves to	2469
another position assigned to pay range 12 or above, the appointing	2470
authority ~~has the discretion to~~may assign the employee to be paid	2471
a salary or wage in the appropriate pay range for that position in	2472
accordance with the applicable schedule E-1 for step seven only,	2473
provided that the appointing authority so notifies the director of	2474
administrative services in writing at the time the employee is	2475
appointed to that position.	2476

(B) Beginning on the first day of the pay period that	2477
includes July 1, 2006, each exempt employee who must be paid in	2478
accordance with schedule E-1 or schedule E-2 of this section shall	2479
be paid a salary or wage in accordance with the following schedule	2480
of rates:	2481

Schedule E-1

2482

Pay Ranges and Step Values

2483

		Step	Step	Step	Step	Step	Step	2484
	Range	1	2	3	4	5	6	2485
1	Hourly	9.40	9.82	10.24	10.68			2486
	Annually	19552	20426	21299	22214			2487
2	Hourly	11.40	11.88	12.40	12.94			2488
	Annually	23712	24710	25792	26915			2489
3	Hourly	11.94	12.48	13.03	13.60			2490
	Annually	24835	25958	27102	28288			2491
4	Hourly	12.54	13.10	13.72	14.34			2492
	Annually	26083	27248	28538	29827			2493
5	Hourly	13.15	13.75	14.34	14.97			2494
	Annually	27352	28600	29827	31138			2495
6	Hourly	13.86	14.43	15.07	15.69			2496
	Annually	28829	30014	31346	32635			2497
7	Hourly	14.72	15.27	15.88	16.44	17.08		2498
	Annually	30618	31762	33030	34195	35526		2499
8	Hourly	15.56	16.24	16.95	17.71	18.46		2500
	Annually	32365	33779	35256	36837	38397		2501
9	Hourly	16.60	17.46	18.32	19.23	20.21		2502
	Annually	34528	36317	38106	39998	42037		2503
10	Hourly	17.91	18.89	19.90	21.05	22.18		2504
	Annually	37253	39291	41392	43784	46134		2505
11	Hourly	19.50	20.64	21.84	23.06	24.38		2506
	Annually	40560	42931	45427	47965	50710		2507
12	Hourly	21.51	22.72	23.94	25.27	26.68	28.13	2508
	Annually	44741	47258	49795	52562	55494	58510	2509
13	Hourly	23.71	25.01	26.39	27.80	29.36	30.96	2510
	Annually	49317	52021	54891	57824	61069	64397	2511
14	Hourly	26.08	27.55	29.03	30.62	32.35	34.15	2512
	Annually	54246	57304	60382	63690	67288	71032	2513
15	Hourly	28.64	30.25	31.96	33.72	35.59	37.55	2514
	Annually	59571	62920	66477	70138	74027	78104	2515
16	Hourly	31.58	33.33	35.17	37.14	39.19	41.43	2516
	Annually	65686	69326	73154	77251	81515	86174	2517
17	Hourly	34.80	36.72	38.78	40.92	43.20	45.61	2518
	Annually	72384	76378	80662	85114	89856	94869	2519
18	Hourly	38.35	40.47	42.75	45.10	47.60	50.26	2520
	Annually	79768	84178	88920	93808	99008	104541	2521

Schedule E-2

2522

	Range	Minimum	Maximum	2523
41	Hourly	16.23	34.77	2524
	Annually	33758	72322	2525
42	Hourly	17.89	38.41	2526
	Annually	37211	79893	2527
43	Hourly	19.70	42.30	2528
	Annually	40976	87984	2529
44	Hourly	21.73	46.21	2530
	Annually	45198	96117	2531
45	Hourly	24.01	50.44	2532
	Annually	49941	104915	2533
46	Hourly	26.43	55.13	2534
	Annually	54974	114670	2535
47	Hourly	29.14	60.16	2536
	Annually	60611	125133	2537
48	Hourly	32.14	65.65	2538
	Annually	66851	136552	2539
49	Hourly	35.44	70.89	2540
	Annually	73715	147451	2541

(C) Beginning on the first day of the pay period that	2542
includes July 1, 2007, each exempt employee who must be paid in	2543
accordance with schedule E-1 or schedule E-2 of this section shall	2544
be paid a salary or wage in accordance with the following schedule	2545
of rates:	2546

Schedule E-1

2547

Pay Ranges and Step Values

2548

		Step	Step	Step	Step	Step	Step	2549
	Range	1	2	3	4	5	6	2550
1	Hourly	9.73	10.16	10.60	11.05			2551
	Annually	20238	21133	22048	22984			2552
2	Hourly	11.80	12.30	12.83	13.39			2553
	Annually	24544	25584	26686	27851			2554
3	Hourly	12.36	12.92	13.49	14.08			2555
	Annually	25709	26874	28059	29286			2556
4	Hourly	12.98	13.56	14.20	14.84			2557
	Annually	26998	28205	29536	30867			2558
5	Hourly	13.61	14.23	14.84	15.49			2559
	Annually	28309	29598	30867	32219			2560
6	Hourly	14.35	14.94	15.60	16.24			2561
	Annually	29848	31075	32448	33779			2562
7	Hourly	15.24	15.80	16.44	17.02	17.68		2563
	Annually	31699	32864	34195	35402	36774		2564
8	Hourly	16.10	16.81	17.54	18.33	19.11		2565
	Annually	33488	34965	36483	38126	39749		2566
9	Hourly	17.18	18.07	18.96	19.90	20.92		2567
	Annually	35734	37586	39437	41392	43514		2568
10	Hourly	18.54	19.55	20.60	21.79	22.96		2569
	Annually	38563	40664	42848	45323	47757		2570
11	Hourly	20.18	21.36	22.60	23.87	25.23		2571
	Annually	41974	44429	47008	49650	52478		2572
12	Hourly	22.26	23.52	24.78	26.15	27.61	29.11	2573
	Annually	46301	48922	51542	54392	57429	60549	2574
13	Hourly	24.54	25.89	27.31	28.77	30.39	32.04	2575
	Annually	51043	53851	56805	59842	63211	66643	2576
14	Hourly	26.99	28.51	30.05	31.69	33.48	35.35	2577
	Annually	56139	59301	62504	65915	69638	73528	2578
15	Hourly	29.64	31.31	33.08	34.90	36.84	38.86	2579
	Annually	61651	65125	68806	72592	76627	80829	2580
16	Hourly	32.69	34.50	36.40	38.44	40.56	42.88	2581
	Annually	67995	71760	75712	79955	84365	89190	2582
17	Hourly	36.02	38.01	40.14	42.35	44.71	47.21	2583
	Annually	74922	79061	83491	88088	92997	98197	2584
18	Hourly	39.69	41.89	44.25	46.68	49.27	52.02	2585
	Annually	82555	87131	92040	97094	102482	108202	2586

Schedule E-2

2587

	Range	Minimum	Maximum	2588
41	Hourly	16.23	35.99	2589
	Annually	33758	74859	2590
42	Hourly	17.89	39.75	2591
	Annually	37211	82680	2592
43	Hourly	19.70	43.78	2593
	Annually	40976	91062	2594
44	Hourly	21.73	47.83	2595
	Annually	45198	99486	2596
45	Hourly	24.01	52.21	2597
	Annually	49941	108597	2598
46	Hourly	26.43	57.06	2599
	Annually	54974	118685	2600
47	Hourly	29.14	62.27	2601
	Annually	60611	129522	2602
48	Hourly	32.14	67.95	2603
	Annually	66851	141336	2604
49	Hourly	35.44	73.37	2605
	Annually	73715	152610	2606

(D) Beginning on the first day of the pay period that	2607
includes July 1, 2008, each exempt employee who must be paid in	2608
accordance with schedule E-1 or schedule E-2 of this section shall	2609
be paid a salary or wage in accordance with the following schedule	2610
of rates:	2611

Schedule E-1

2612

Pay Ranges and Step Values

2613

		Step	Step	Step	Step	Step	Step	2614
	Range	1	2	3	4	5	6	2615
1	Hourly	10.07	10.52	10.97	11.44			2616
	Annually	20946	21882	22818	23795			2617
2	Hourly	12.21	12.73	13.28	13.86			2618
	Annually	25397	26478	27622	28829			2619
3	Hourly	12.79	13.37	13.96	14.57			2620
	Annually	26603	27810	29037	30306			2621
4	Hourly	13.43	14.03	14.70	15.36			2622
	Annually	27934	29182	30576	31949			2623
5	Hourly	14.09	14.73	15.36	16.03			2624
	Annually	29307	30638	31949	33342			2625
6	Hourly	14.85	15.46	16.15	16.81			2626
	Annually	30888	32157	33592	34965			2627
7	Hourly	15.77	16.35	17.02	17.62	18.30		2628
	Annually	32802	34008	35402	36650	38064		2629
8	Hourly	16.66	17.40	18.15	18.97	19.78		2630
	Annually	34653	36192	37752	39458	41142		2631
9	Hourly	17.78	18.70	19.62	20.60	21.65		2632
	Annually	36982	38896	40810	42848	45032		2633
10	Hourly	19.19	20.23	21.32	22.55	23.76		2634
	Annually	39915	42078	44346	46904	49421		2635
11	Hourly	20.89	22.11	23.39	24.71	26.11		2636
	Annually	43451	45989	48651	51397	54309		2637
12	Hourly	23.04	24.34	25.65	27.07	28.58	30.13	2638
	Annually	47923	50627	53352	56306	59446	62670	2639
13	Hourly	25.40	26.80	28.27	29.78	31.45	33.16	2640
	Annually	52832	55744	58802	61942	65416	68973	2641
14	Hourly	27.93	29.51	31.10	32.80	34.65	36.59	2642
	Annually	58094	61381	64688	68224	72072	76107	2643
15	Hourly	30.68	32.41	34.24	36.12	38.13	40.22	2644
	Annually	63814	67413	71219	75130	79310	83658	2645
16	Hourly	33.83	35.71	37.67	39.79	41.98	44.38	2646
	Annually	70366	74277	78354	82763	87318	92310	2647
17	Hourly	37.28	39.34	41.54	43.83	46.27	48.86	2648
	Annually	77542	81827	86403	91166	96242	101629	2649
18	Hourly	41.08	43.36	45.80	48.31	50.99	53.84	2650
	Annually	85446	90189	95264	100485	106059	111987	2651

Schedule E-2

2652

	Range	Minimum	Maximum	2653
41	Hourly	16.23	37.25	2654
	Annually	33758	77480	2655
42	Hourly	17.89	41.14	2656
	Annually	37211	85571	2657
43	Hourly	19.70	45.31	2658
	Annually	40976	94245	2659
44	Hourly	21.73	49.50	2660
	Annually	45198	102960	2661
45	Hourly	24.01	54.04	2662
	Annually	49941	112403	2663
46	Hourly	26.43	59.06	2664
	Annually	54974	122845	2665
47	Hourly	29.14	64.45	2666
	Annually	60611	134056	2667
48	Hourly	32.14	70.33	2668
	Annually	66851	146286	2669
49	Hourly	35.44	75.94	2670
	Annually	73715	157955	2671

(E) Beginning on the first day of the pay period that	2672
includes July 1, 2006, each exempt employee who must be paid in	2673
accordance with schedule E-1 for step seven only shall be paid a	2674
salary or wage in accordance with the following schedule of rates:	2675

Schedule E-1 for Step Seven Only

2676

Pay Ranges and Step Seven Values

2677

	Range		2678
12	Hourly	29.68	2679
	Annually	61734	2680
13	Hourly	32.66	2681
	Annually	67933	2682
14	Hourly	36.01	2683
	Annually	74901	2684
15	Hourly	39.61	2685
	Annually	82389	2686
16	Hourly	43.70	2687
	Annually	90896	2688
17	Hourly	48.13	2689
	Annually	100110	2690
18	Hourly	53.02	2691
	Annually	110282	2692

~~(D)~~(F) Beginning on the first day of the pay period that	2693
includes July 1, 2007, each exempt employee who must be paid in	2694
accordance with schedule E-1 for step seven only shall be paid a	2695
salary or wage in accordance with the following schedule of rates:	2696

Schedule E-1 for Step Seven Only

2697

Pay Ranges and Step Values

2698

	Range		2699
12	Hourly	30.72	2700
	Annually	63898	2701
13	Hourly	33.80	2702
	Annually	70304	2703
14	Hourly	37.27	2704
	Annually	77522	2705
15	Hourly	41.00	2706
	Annually	85280	2707
16	Hourly	45.23	2708
	Annually	94078	2709
17	Hourly	49.81	2710
	Annually	103605	2711
18	Hourly	54.88	2712
	Annually	114150	2713

(G) Beginning on the first day of the pay period that	2714
includes July 1, 2008, each exempt employee who must be paid in	2715
accordance with salary schedule E-1 for step seven only shall be	2716
paid a salary or wage in accordance with the following schedule of	2717
rates:	2718

Schedule E-1 for Step Seven Only

2719

Pay Ranges and Step Values

2720

	Range		2721
12	Hourly	31.80	2722
	Annually	66144	2723
13	Hourly	34.98	2724
	Annually	72758	2725
14	Hourly	38.57	2726
	Annually	80226	2727
15	Hourly	42.44	2728
	Annually	88275	2729
16	Hourly	46.81	2730
	Annually	97365	2731
17	Hourly	51.55	2732
	Annually	107224	2733
18	Hourly	56.80	2734
	Annually	118144	2735

(H) As used in this section, "exempt employee" means a	2736
permanent full-time or permanent part-time employee paid directly	2737
by warrant of the director of budget and management whose position	2738
is included in the job classification plan established under	2739
division (A) of section 124.14 of the Revised Code but who is not	2740
considered a public employee for the purposes of Chapter 4117. of	2741
the Revised Code. As used in this section, "exempt employee" also	2742
includes a permanent full-time or permanent part-time employee of	2743
the secretary of state, auditor of state, treasurer of state, or	2744
attorney general who has not been placed in an appropriate	2745
bargaining unit by the state employment relations board.	2746

Sec. 125.01. As used in this chapter:

2747

(A) "Order" means a copy of a contract or a statement of the	2748
nature of a contemplated expenditure, a description of the	2749
property or supplies to be purchased or service to be performed,	2750
other than a service performed by officers and regular employees	2751
of the state, and per diem of the national guard, and the total	2752
sum of the expenditure to be made therefor, if the sum is fixed	2753
and ascertained, otherwise the estimated sum thereof, and an	2754
authorization to pay for the contemplated expenditure, signed by	2755
the person instructed and authorized to pay upon receipt of a	2756
proper invoice.	2757

(B) "Information technology" means technologies and services	2758
used for information processing, including, but not limited to,	2759
software, computing hardware, communications technologies, and	2760
related services.	2761

(C) "Invoice" means an itemized listing showing delivery of	2762
the supplies or performance of the service described in the order,	2763
and the date of the purchase or rendering of the service, or an	2764
itemization of the things done, material supplied, or labor	2765
furnished, and the sum due pursuant to the contract or obligation.	2766

~~(C)~~(D) "Products" means materials, manufacturer's supplies,	2767
merchandise, goods, wares, and foodstuffs.	2768

~~(D)~~(E) "Produced" means the manufacturing, processing,	2769
mining, developing, and making of a thing into a new article with	2770
a distinct character in use through the application of input,	2771
within the state, of Ohio products, labor, skill, or other	2772
services. "Produced" does not include the mere assembling or	2773
putting together of non-Ohio products or materials.	2774

~~(E)~~(F) "Ohio products" means products that are mined,	2775
excavated, produced, manufactured, raised, or grown in the state	2776
by a person where the input of Ohio products, labor, skill, or	2777
other services constitutes no less than twenty-five per cent of	2778
the manufactured cost. With respect to mined products, such	2779
products shall be mined or excavated in this state.	2780

~~(F)~~(G) "Purchase" means to buy, rent, lease, lease purchase,	2781
or otherwise acquire supplies or services. "Purchase" also	2782
includes all functions that pertain to the obtaining of supplies	2783
or services, including description of requirements, selection and	2784
solicitation of sources, preparation and award of contracts, all	2785
phases of contract administration, and receipt and acceptance of	2786
the supplies and services and payment for them.	2787

(H) "Purchasing authority" means the department of	2788
administrative services or the office of information technology as	2789
set forth in section 125.011 of the Revised Code.	2790

~~(G)~~(I) "Services" means the furnishing of labor, time, or	2791
effort by a person, not involving the delivery of a specific end	2792
product other than a report which, if provided, is merely	2793
incidental to the required performance. "Services" does not	2794
include services furnished pursuant to employment agreements or	2795
collective bargaining agreements.	2796

~~(H)~~(J) "Supplies" means all property, including, but not	2797
limited to, equipment, materials, other tangible assets, and	2798
insurance, but excluding real property or an interest in real	2799
property.	2800

~~(I)~~(K) "Competitive selection" means any of the following	2801
procedures for making purchases:	2802

(1) Competitive sealed bidding under section 125.07 of the	2803
Revised Code;	2804

(2) Competitive sealed proposals under section 125.071 of the	2805
Revised Code;	2806

(3) Reverse auctions under section 125.072 of the Revised	2807
Code.	2808

Sec. 125.011. Except for information technology supplies and	2809
services, the department of administrative services shall be the	2810
purchasing authority for all supplies and services for the	2811
purposes of and subject to the limitations of sections 125.01 to	2812
125.11, 125.15, and 125.25 of the Revised Code. The office of	2813
information technology shall be the purchasing authority for	2814
information technology supplies and services in accordance with	2815
section 126.17 of the Revised Code for the purposes of and subject	2816
to the limitations of sections 125.01 to 125.11, 125.15, and	2817
125.25 of the Revised Code. The department of administrative	2818
services and the office of information technology shall consult	2819
with each other to promote consistency when adopting any rules	2820
under sections 125.01 to 125.11, 125.15, and 125.25 of the Revised	2821
Code.	2822

Sec. 125.02. Except as to the adjutant general, the capital	2823
square review and advisory board, the department of rehabilitation	2824
and correction as specified in division (D) of section 125.04 of	2825
the Revised Code, the general assembly, the bureau of workers'	2826
compensation, and institutions administered by boards of trustees,	2827
~~the department of administrative services~~a purchasing authority	2828
may purchase supplies and services for the use of state agencies.	2829

So far as possible, the ~~department of administrative services~~	2830
purchasing authority shall make all purchases from the department	2831
of rehabilitation and correction in the exercise of the functions	2832
of the department of rehabilitation and correction in the	2833
management of state institutions.	2834

The ~~department of administrative services~~purchasing	2835
authority shall prescribe uniform rules governing forms of	2836
specifications, advertisements for proposals, the opening of bids,	2837
the making of awards and contracts, and the purchase of supplies	2838
and performance of work.	2839

Nothing in this section precludes the bureau from entering	2840
into a contract with ~~the department of administrative services~~a	2841
purchasing authority for the ~~department~~purchasing authority to	2842
purchase supplies, or services for the use of the bureau.	2843

Sec. 125.021. (A) ~~Except as to the military department, the~~	2844
~~general assembly, the bureau of workers' compensation, the~~	2845
~~industrial commission, and institutions administered by boards of~~	2846
~~trustees, the office of information technology may contract for,~~	2847
~~operate, and superintend telephone, other telecommunication, and~~	2848
~~computer services for state agencies. Nothing in this division~~	2849
~~precludes the bureau or the commission from contracting with the~~	2850
~~office to authorize the office to contract for, operate, or~~	2851
~~superintend those services for the bureau or the commission.~~	2852

~~(B)(1)~~ As used in this division:

2853

~~(a)~~(1) "Active duty" means active duty pursuant to an	2854
executive order of the president of the United States, an act of	2855
the congress of the United States, or section 5919.29 or 5923.21	2856
of the Revised Code.	2857

~~(b)~~(2) "Immediate family" means a person's spouse residing in	2858
the person's household, brothers and sisters of the whole or of	2859
the half blood, children, including adopted children and	2860
stepchildren, parents, and grandparents.	2861

~~(2)~~(B) The office of information technology may enter into a	2862
contract to purchase bulk long distance telephone services and	2863
make them available at cost, or may make bulk long distance	2864
telephone services available at cost under any existing contract	2865
the office has entered into, to members of the immediate family of	2866
persons deployed on active duty so that those family members can	2867
communicate with the persons so deployed. If the office enters	2868
into contracts under division (B)~~(2)~~ of this section, it shall do	2869
so in accordance with sections 125.01 to 125.11 of the Revised	2870
Code and in a nondiscriminatory manner that does not place any	2871
potential vendor at a competitive disadvantage.	2872

~~(3)~~(C) If the office decides to exercise either option under	2873
division (B)~~(2)~~ of this section, it shall adopt, and may amend,	2874
rules under Chapter 119. of the Revised Code to implement that	2875
division.	2876

Sec. 125.022. ~~The department of administrative services~~A	2877
purchasing authority may enter into cooperative purchasing	2878
agreements with one or more other states or groups of states or	2879
with any political subdivision of this state described in division	2880
(B) of section 125.04 of the Revised Code for the purpose of	2881
purchasing services or supplies produced from or containing	2882
recycled materials for the use of state agencies.	2883

Sec. 125.023. During the period of an emergency as defined	2884
in section 5502.21 of the Revised Code, the ~~department of~~	2885
~~administrative services~~purchasing authority may suspend, with	2886
regard to the emergency management agency established in section	2887
5502.22 of the Revised Code or any other state agency	2888
participating in recovery activities as defined in section 5502.21	2889
of the Revised Code, the purchasing and contracting requirements	2890
contained in sections 125.02 to 125.111 of the Revised Code and	2891
any of the requirements of Chapter 153. of the Revised Code that	2892
otherwise would apply to the agency. The director of public safety	2893
or the executive director of the emergency management agency shall	2894
make the request for the suspension of these requirements to the	2895
department of administrative services and the office of	2896
information technology concurrently with the request to the	2897
governor or the president of the United States for the declaration	2898
of an emergency. The governor also shall include in any	2899
proclamation the governor issues declaring an emergency language	2900
requesting the suspension of those requirements during the period	2901
of the emergency.	2902

Sec. 125.04. (A) Except as provided in division (D) of this	2903
section, the ~~department of administrative services~~purchasing	2904
authorities shall determine what supplies and services are	2905
purchased by or for state agencies. Whenever ~~the department of~~	2906
~~administrative services~~a purchasing authority makes any change or	2907
addition to the lists of supplies and services that it determines	2908
to purchase for state agencies, it shall provide a list to the	2909
agencies of the changes or additions and indicate when the	2910
~~department~~purchasing authority will be prepared to furnish each	2911
item listed. Except for the requirements of division (B) of	2912
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	2913
125.09 to 125.15 of the Revised Code do not apply to or affect the	2914
educational institutions of the state. The ~~department~~purchasing	2915
authorities shall not include the bureau of workers' compensation	2916
in the lists of supplies, equipment, and services purchased and	2917
furnished by the ~~department~~purchasing authorities.	2918

Nothing in this division precludes the bureau from entering	2919
into a contract with the ~~department~~purchasing authorities for the	2920
~~department~~purchasing authorities to perform services relative to	2921
supplies, equipment, and services contained in this division for	2922
the bureau.	2923

(B)(1) As used in this division:

2924

(a) "Emergency medical service organization" has the same	2925
meaning as in section 4765.01 of the Revised Code.	2926

(b) "Political subdivision" means any county, township,	2927
municipal corporation, school district, conservancy district,	2928
township park district, park district created under Chapter 1545.	2929
of the Revised Code, regional transit authority, regional airport	2930
authority, regional water and sewer district, or port authority.	2931
"Political subdivision" also includes any other political	2932
subdivision described in the Revised Code that has been approved	2933
by the department to participate in the department's contracts	2934
under this division.	2935

(c) "Private fire company" has the same meaning as in section	2936
9.60 of the Revised Code.	2937

(2) Subject to division (C) of this section, ~~the department~~	2938
~~of administrative services~~a purchasing authority may permit a	2939
political subdivision, county board of elections, private fire	2940
company, or private, nonprofit emergency medical service	2941
organization to participate in contracts into which the ~~department~~	2942
purchasing authority has entered for the purchase of supplies and	2943
services. The ~~department~~purchasing authority may charge the	2944
entity a reasonable fee to cover the administrative costs the	2945
~~department~~purchasing authority incurs as a result of	2946
participation by the entity in such a purchase contract.	2947

A political subdivision desiring to participate in such	2948
purchase contracts shall file with the ~~department~~purchasing	2949
authority a certified copy of an ordinance or resolution of the	2950
legislative authority or governing board of the political	2951
subdivision. The resolution or ordinance shall request that the	2952
political subdivision be authorized to participate in such	2953
contracts and shall agree that the political subdivision will be	2954
bound by such terms and conditions as the ~~department~~purchasing	2955
authority prescribes and that it will directly pay the vendor	2956
under each purchase contract. A board of elections desiring to	2957
participate in such purchase contracts shall file with the	2958
purchasing authority a written request for inclusion in the	2959
program. A private fire company or private, nonprofit emergency	2960
medical service organization desiring to participate in such	2961
purchase contracts shall file with the ~~department~~purchasing	2962
authority a written request for inclusion in the program signed by	2963
the chief officer of the company or organization. ~~The~~A request	2964
for inclusion shall include an agreement to be bound by such terms	2965
and conditions as the ~~department~~purchasing authority prescribes	2966
and to make direct payments to the vendor under each purchase	2967
contract.	2968

The ~~department~~purchasing authority shall include in its	2969
annual report an estimate of the cost it incurs by permitting	2970
political subdivisions, county boards of elections, private fire	2971
companies, and private, nonprofit emergency medical service	2972
organizations to participate in contracts pursuant to this	2973
division. The ~~department~~purchasing authority may require such	2974
entities to file a report with the ~~department~~purchasing	2975
authority, as often as it finds necessary, stating how many such	2976
contracts the entities participated in within a specified period	2977
of time, and any other information the ~~department~~purchasing	2978
authority requires.	2979

(3) Purchases made by a political subdivision or a county	2980
board of elections under this division are exempt from any	2981
competitive selection procedures otherwise required by law. No	2982
political subdivision shall make any purchase under this division	2983
when bids have been received for such purchase by the subdivision,	2984
unless such purchase can be made upon the same terms, conditions,	2985
and specifications at a lower price under this division.	2986

(C) A political subdivision as defined in division (B) of	2987
this section or a county board of elections may purchase supplies	2988
or services from another party, including ~~another~~a political	2989
subdivision, instead of through participation in contracts	2990
described in division (B) of this section if the political	2991
subdivision or county board of elections can purchase those	2992
supplies or services from the other party upon equivalent terms,	2993
conditions, and specifications but at a lower price than it can	2994
through those contracts. Purchases that a political subdivision or	2995
county board of elections makes under this division are exempt	2996
from any competitive selection procedures otherwise required by	2997
law. A political subdivision or county board of elections that	2998
makes any purchase under this division shall maintain sufficient	2999
information regarding the purchase to verify that the political	3000
subdivision or county board of elections satisfied the conditions	3001
for making a purchase under this division. Nothing in this	3002
division restricts any action taken by a county or township as	3003
authorized by division (A)(1) of section 9.48 of the Revised Code.	3004

(D) This section does not apply to supplies or services	3005
required by the legislative or judicial branches, ~~boards of~~	3006
~~elections,~~ the capitol square review and advisory board, the	3007
adjutant general, to supplies or services purchased by a state	3008
agency directly as provided in division (A) or (E) of section	3009
125.05 of the Revised Code, to purchases of supplies or services	3010
for the emergency management agency as provided in section 125.023	3011
of the Revised Code, or to purchases of supplies or services for	3012
the department of rehabilitation and correction in its operation	3013
of the program for the employment of prisoners established under	3014
section 5145.16 of the Revised Code that shall be made pursuant to	3015
rules adopted by the director of administrative services and the	3016
director of rehabilitation and correction in accordance with	3017
Chapter 119. of the Revised Code. The rules may provide for the	3018
exemption of the program for the employment of prisoners from the	3019
requirements of division (A) of this section.	3020

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	3021
125.12 to 125.16, ~~125.18,~~ 125.31 to 125.76, or 125.831, or 126.17	3022
of the Revised Code shall be construed as limiting the attorney	3023
general, auditor of state, secretary of state, or treasurer of	3024
state in any of the following:	3025

(A) Purchases for less than the dollar amounts for the	3026
purchase of supplies or services determined pursuant to division	3027
(D) of section 125.05 of the Revised Code;	3028

(B) Purchases that equal or exceed the dollar amounts for the	3029
purchase of supplies or services determined pursuant to division	3030
(D) of section 125.05 of the Revised Code with the approval of the	3031
controlling board, if that approval is required by section 127.16	3032
of the Revised Code;	3033

(C) The final determination of the nature or quantity making	3034
any purchase of supplies or services to be purchased pursuant to	3035
section 125.06 of the Revised Code;	3036

(D) The final determination and disposal of excess and	3037
surplus supplies;	3038

(E) The inventory of state property;

3039

(F) The purchase of printing;

3040

(G) Activities related to information technology development	3041
and use;	3042

(H) The fleet management program.

3043

Sec. 125.05. Except as provided in division (E) of this	3044
section, no state agency shall purchase any supplies or services	3045
except as provided in divisions (A) to (C) of this section.	3046

(A) Subject to division (D) of this section, a state agency	3047
may, without competitive selection, make any purchase of services	3048
that cost fifty thousand dollars or less or any purchase of	3049
supplies that cost twenty-five thousand dollars or less. The	3050
agency, at its determination, may make the purchase directly or	3051
may make the purchase from or through the ~~department of~~	3052
~~administrative services, whichever the agency determines~~proper	3053
purchasing authority. The ~~department~~purchasing authority shall	3054
establish written procedures to assist state agencies when they	3055
make direct purchases. If the agency makes the purchase directly,	3056
it shall make the purchase by a term contract whenever possible.	3057

(B) Subject to division (D) of this section, a state agency	3058
wanting to purchase services that cost more than fifty thousand	3059
dollars or supplies that cost more than twenty-five thousand	3060
dollars shall, unless otherwise authorized by law, make the	3061
purchase from or through the ~~department~~proper purchasing	3062
authority. The ~~department~~purchasing authority shall make the	3063
purchase by competitive selection under section 125.07 of the	3064
Revised Code. If the ~~director of administrative services~~	3065
purchasing authority determines that it is not possible or not	3066
advantageous to the state for the ~~department~~purchasing authority	3067
to make the purchase, the ~~department~~purchasing authority shall	3068
grant the agency a release and permit under section 125.06 of the	3069
Revised Code to make the purchase. Section 127.16 of the Revised	3070
Code does not apply to purchases the ~~department~~purchasing	3071
authority makes under this section.	3072

(C) An agency that has been granted a release and permit to	3073
make a purchase may make the purchase without competitive	3074
selection if after making the purchase the cumulative purchase	3075
threshold as computed under division (F) of section 127.16 of the	3076
Revised Code would:	3077

(1) Be exceeded and the controlling board approves the	3078
purchase;	3079

(2) Not be exceeded and the ~~department of administrative~~	3080
~~services~~purchasing authority approves the purchase.	3081

(D) Not later than January 31, 1997, the amounts specified in	3082
divisions (A) and (B) of this section and, not later than the	3083
thirty-first day of January of each second year thereafter, any	3084
amounts computed by adjustments made under this division, shall be	3085
increased or decreased by the average percentage increase or	3086
decrease in the consumer price index prepared by the United States	3087
bureau of labor statistics (U.S. City Average for Urban Wage	3088
Earners and Clerical Workers: "All Items 1982-1984=100") for the	3089
twenty-four calendar month period prior to the immediately	3090
preceding first day of January over the immediately preceding	3091
twenty-four calendar month period, as reported by the bureau. The	3092
director of administrative services shall make this determination	3093
and adjust the appropriate amounts accordingly.	3094

(E) If the eTech Ohio commission, the department of	3095
education, or the Ohio education computer network determines that	3096
it can purchase software services or supplies for specified school	3097
districts at a price less than the price for which the districts	3098
could purchase the same software services or supplies for	3099
themselves, the commission, department, or network shall certify	3100
that fact to the ~~department of administrative services~~office of	3101
information technology and, acting as an agent for the specified	3102
school districts, shall make that purchase without following the	3103
provisions in divisions (A) to (D) of this section.	3104

Sec. 125.06. ~~The department of administrative services~~A	3105
purchasing authority may, pursuant to division (B) of section	3106
125.05 of the Revised Code and subject to such rules as the	3107
~~director of administrative services~~particular purchasing	3108
authority may adopt, issue a release and permit to the agency to	3109
secure supplies or services. A release and permit shall specify	3110
the supplies or services to which it applies, the time during	3111
which it is operative, and the reason for its issuance. A release	3112
and permit for ~~computer services~~information technology services	3113
shall also specify the type of services to be rendered, the number	3114
and type of machines to be employed, and may specify the amount of	3115
such services to be performed. One copy of every release and	3116
permit shall be filed with the agency to which it is issued, and	3117
one copy shall be retained by the ~~department~~purchasing authority.	3118

Sec. 125.07. ~~The department of administrative services~~A	3119
purchasing authority, in making a purchase by competitive	3120
selection pursuant to division (B) of section 125.05 of the	3121
Revised Code, shall give notice in the following manner:	3122

(A) The ~~department~~purchasing authority shall advertise the	3123
intended purchases by notice that is posted by mail or electronic	3124
means and that is for the benefit of competing persons producing	3125
or dealing in the supplies or services to be purchased, including,	3126
but not limited to, the persons whose names appear on the	3127
appropriate list provided for in section 125.08 of the Revised	3128
Code. The notice may be in the form of the bid or proposal	3129
document or of a listing in a periodic bulletin, or in any other	3130
form the ~~director of administrative services~~purchasing authority	3131
considers appropriate to sufficiently notify qualified competing	3132
persons of the intended purchases.	3133

(B) The notice required under division (A) of this section	3134
shall include the time and place where bids or proposals will be	3135
accepted and opened, or, when bids are made in a reverse auction,	3136
the time when bids will be accepted; the conditions under which	3137
bids or proposals will be received; the terms of the proposed	3138
purchases; and an itemized list of the supplies or services to be	3139
purchased and the estimated quantities or amounts of them.	3140

(C) The posting of the notice required under division (A) of	3141
this section shall be completed by the number of days the ~~director~~	3142
purchasing authority determines preceding the day when the bids or	3143
proposals will be opened or accepted.	3144

(D) The ~~department~~purchasing authority also shall maintain,	3145
in a public place in its office, a bulletin board upon which it	3146
shall post and maintain a copy of the notice required under	3147
division (A) of this section for at least the number of days the	3148
~~director~~purchasing authority determines under division (C) of	3149
this section preceding the day of the opening or acceptance of the	3150
bids or proposals. The failure to so additionally post the notice	3151
shall invalidate all proceedings had and any contract entered into	3152
pursuant to the proceedings.	3153

Sec. 125.071. (A) In accordance with rules the ~~director of~~	3154
~~administrative services~~purchasing authority shall adopt, the	3155
~~director~~purchasing authority may make purchases by competitive	3156
sealed proposal whenever the ~~director~~purchasing authority	3157
determines that the use of competitive sealed bidding is not	3158
possible or not advantageous to the state.	3159

(B) Proposals shall be solicited through a request for	3160
proposals. The request for proposals shall state the relative	3161
importance of price and other evaluation factors. Notice of the	3162
request for proposals shall be given in accordance with rules the	3163
director shall adopt.	3164

(C) Proposals shall be opened so as to avoid disclosure of	3165
contents to competing offerors.	3166

In order to ensure fair and impartial evaluation, proposals	3167
and related documents submitted in response to a request for	3168
proposals are not available for public inspection and copying	3169
under section 149.43 of the Revised Code until after the award of	3170
the contract.	3171

(D) As provided in the request for proposals, and under rules	3172
the ~~director~~purchasing authority shall adopt, discussions may be	3173
conducted with responsible offerors who submit proposals	3174
determined to be reasonably susceptible of being selected for	3175
award for the purpose of ensuring full understanding of, and	3176
responsiveness to, solicitation requirements. Offerors shall be	3177
accorded fair and equal treatment with respect to any opportunity	3178
for discussion regarding any clarification, correction, or	3179
revision of proposals. No disclosure of any information derived	3180
from proposals submitted by competing offerors shall occur when	3181
discussions are conducted.	3182

(E) Award may be made to the offeror whose proposal is	3183
determined to be the most advantageous to this state, taking into	3184
consideration factors such as price and the evaluation criteria	3185
set forth in the request for proposals. The contract file shall	3186
contain the basis on which the award is made.	3187

Sec. 125.072. (A) As used in this section, "reverse auction"	3188
means a purchasing process in which offerors submit bids in	3189
competing to sell services or supplies in an open environment via	3190
the internet.	3191

(B) Whenever ~~the director of administrative services~~a	3192
purchasing authority determines that the use of a reverse auction	3193
is advantageous to the state, the ~~director~~purchasing authority,	3194
in accordance with rules the ~~director~~purchasing authority shall	3195
adopt, may purchase services or supplies by reverse auction.	3196

(C) The ~~director~~purchasing authority, by rule, may authorize	3197
a state agency that is authorized to purchase services or supplies	3198
directly to purchase them by reverse auction in the same manner as	3199
this section and the rules adopted under this section authorize	3200
the ~~director~~purchasing authority to do so.	3201

Sec. 125.073. (A) The ~~department of administrative services~~	3202
purchasing authorities shall actively promote and accelerate the	3203
use of electronic procurement, including reverse auctions as	3204
defined by section 125.072 of the Revised Code, by implementing	3205
the relevant recommendations concerning electronic procurement	3206
from the "2000 Management Improvement Commission Report to the	3207
Governor" when exercising its statutory powers.	3208

(B) Beginning July 1, 2004, the department of administrative	3209
services shall annually on or before the first day of July report	3210
to the committees in each house of the general assembly dealing	3211
with finance indicating the effectiveness of electronic	3212
procurement. Beginning July 1, 2008, the office of information	3213
technology shall annually on or before the last day of December,	3214
report to the committees in each house of the general assembly	3215
dealing with finance indicating the effectiveness during the prior	3216
fiscal year of electronic procurement of information technology	3217
supplies and services.	3218

Sec. 125.08. (A) The department of administrative services	3219
may divide the state into purchasing districts wherein supplies or	3220
services are to be delivered and shall describe those districts on	3221
all applications for the notification list provided for in this	3222
section.	3223

Any person may have that person's name and address, or the	3224
name and address of an agent, placed on the competitive selection	3225
notification list of the department of administrative services by	3226
sending to the department the person's name and address, together	3227
with a list of the supplies or services described in the manner	3228
prescribed by the department produced or dealt in by the person	3229
with a request for such listing, a list of the districts in which	3230
the person desires to participate, and all other information the	3231
director of administrative services may prescribe. The director of	3232
administrative services shall provide the lists to the office of	3233
information technology. Whenever any name and address together	3234
with a list of the supplies or services produced or dealt in is so	3235
listed, the ~~department~~purchasing authorities shall post notice,	3236
as provided in division (A) of section 125.07 of the Revised Code,	3237
for the benefit of the persons listed on the notification list	3238
that are qualified Ohio business enterprises, which shall include	3239
Ohio penal industries as defined by rule of the director of	3240
administrative services, or have a significant Ohio presence in	3241
this state's economy, except that, in those circumstances in which	3242
the ~~director~~purchasing authority considers it in the best	3243
interest of this state, the ~~director~~purchasing authority shall	3244
post notice, as provided in division (A) of section 125.07 of the	3245
Revised Code, for the benefit of all persons listed on the	3246
notification list. The ~~department~~purchasing authority need only	3247
provide competitive selection documents for a proposed contract to	3248
persons who specifically request the documents.	3249

The director may remove a person from the notification list	3250
and place the person on an inactive list if the person fails to	3251
respond to any notices of proposed purchases that appear in four	3252
consecutive bulletins or other forms of notification that list	3253
those notices. Upon written request to the director by the person	3254
so removed, the director may return the person to the notification	3255
list if the person provides sufficient evidence regarding intent	3256
to offer bids or proposals to the state. The director shall not	3257
remove any person from the list without notice to the person. The	3258
notice may be a part of the notices of proposed purchase.	3259

(B) Any person who is certified by the equal employment	3260
opportunity coordinator of the department of administrative	3261
services in accordance with the rules adopted under division	3262
(B)(1) of section 123.151 of the Revised Code as a minority	3263
business enterprise may have that person's name placed on a	3264
special minority business enterprise notification list to be used	3265
in connection with contracts awarded under section 125.081 of the	3266
Revised Code. The minority business enterprise notification list	3267
shall be used for bidding on contracts set aside for minority	3268
business enterprises only. In all other respects, the list shall	3269
be maintained and used in the same manner and according to the	3270
same procedures as the notification list provided for under	3271
division (A) of this section, except that a firm shall not be	3272
removed from the list unless the coordinator determines that the	3273
firm is no longer a minority business enterprise. A minority	3274
business enterprise may have its name placed on both the	3275
notification lists provided for in this section.	3276

(C) The director of administrative services may require an	3277
annual registration fee for the listings provided for in division	3278
(A) or (B) of this section. This fee shall not be more than ten	3279
dollars. The department may charge a fee for any compilation of	3280
descriptions of supplies or services. This fee shall be	3281
reasonable and shall not exceed the cost required to maintain the	3282
notification lists and provide for the distribution of the	3283
proposed purchase to the persons whose names appear on the lists.	3284

Sec. 125.081. (A) From the purchases that the ~~department of~~	3285
~~administrative services is~~purchasing authorities are required by	3286
law to make through competitive selection, ~~the director of~~	3287
~~administrative services~~each purchasing authority shall select a	3288
number of such purchases, the aggregate value of which equals	3289
approximately fifteen per cent of the estimated total value of all	3290
such purchases to be made in the current fiscal year. The ~~director~~	3291
purchasing authority shall set aside the purchases selected for	3292
competition only by minority business enterprises, as defined in	3293
division (E)(1) of section 122.71 of the Revised Code. The	3294
competitive selection procedures for such purchases set aside	3295
shall be the same as for all other purchases the ~~department~~	3296
purchasing authority is required to make through competitive	3297
selection, except that only minority business enterprises	3298
certified by the equal employment opportunity coordinator of the	3299
department of administrative services in accordance with the rules	3300
adopted under division (B)(1) of section 123.151 of the Revised	3301
Code and listed by the director under division (B) of section	3302
125.08 of the Revised Code shall be qualified to compete.	3303

(B) To the extent that any agency of the state, other than	3304
the department of administrative services, the office of	3305
information technology, the legislative and judicial branches,	3306
boards of elections, and the adjutant general, is authorized to	3307
make purchases, the agency shall set aside a number of purchases,	3308
the aggregate value of which equals approximately fifteen per cent	3309
of the aggregate value of such purchases for the current fiscal	3310
year for competition by minority business enterprises only. The	3311
procedures for such purchases shall be the same as for all other	3312
such purchases made by the agency, except that only minority	3313
business enterprises certified by the equal employment opportunity	3314
coordinator in accordance with rules adopted under division (B)(1)	3315
of section 123.151 of the Revised Code shall be qualified to	3316
compete.	3317

(C) In the case of purchases set aside under division (A) or	3318
(B) of this section, if no bid is submitted by a minority business	3319
enterprise, the purchase shall be made according to usual	3320
procedures. The contracting agency shall from time to time set	3321
aside such additional purchases for which only minority business	3322
enterprises may compete, as are necessary to replace those	3323
purchases previously set aside for which no minority business	3324
enterprises bid and to ensure that, in any fiscal year, the	3325
aggregate amount of contracts awarded to minority business	3326
enterprises will equal approximately fifteen per cent of the total	3327
amount of contracts awarded by the agency.	3328

(D) The provisions of this section shall not preclude any	3329
minority business enterprise from competing for any other state	3330
purchases that are not specifically set aside for minority	3331
business enterprises.	3332

(E) No funds of any state agency shall be expended in any	3333
fiscal year for any purchase for which competitive selection is	3334
required, until the ~~director of the department of administrative~~	3335
~~services certifies~~purchasing authorities certify to the equal	3336
employment opportunity coordinator, the clerk of the senate, and	3337
the clerk of the house of representatives of the general assembly	3338
that approximately fifteen per cent of the aggregate amount of the	3339
projected expenditure for such purchases in the fiscal year has	3340
been set aside as provided for in this section.	3341

(F) Any person who intentionally misrepresents self as	3342
owning, controlling, operating, or participating in a minority	3343
business enterprise for the purpose of obtaining contracts,	3344
subcontracts, or any other benefits under this section shall be	3345
guilty of theft by deception as provided for in section 2913.02 of	3346
the Revised Code.	3347

Sec. 125.082. (A) When purchasing equipment, materials, or	3348
supplies, the general assembly; the offices of all elected state	3349
officers; all departments, boards, offices, commissions, agencies,	3350
institutions, including, without limitation, state-supported	3351
institutions of higher education, and other instrumentalities of	3352
this state; the supreme court; all courts of appeals; and all	3353
courts of common pleas, may purchase recycled products in	3354
accordance with the guidelines adopted under division (B) of this	3355
section if the products are available and meet the performance	3356
specifications of the procuring entities. Purchases of recycled	3357
products shall comply with any rules adopted under division (C) of	3358
this section.	3359

(B) The ~~director of administrative services~~purchasing	3360
authorities shall adopt rules in accordance with Chapter 119. of	3361
the Revised Code establishing guidelines for the procurement of	3362
recycled products pursuant to division (A) of this section. To the	3363
extent practicable, the guidelines shall do all of the following:	3364

(1) Be consistent with and substantially equivalent to any	3365
relevant regulations adopted by the administrator of the United	3366
States environmental protection agency pursuant to the "Resource	3367
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	3368
6921, as amended;	3369

(2) Establish the minimum percentage of recycled materials	3370
the various products shall contain in order to be considered	3371
"recycled" for the purposes of division (A) of this section;	3372

(3) So far as practicable and economically feasible,	3373
incorporate specifications for recycled-content materials to	3374
promote the use and purchase of recycled products by state	3375
agencies.	3376

(C) The ~~director~~purchasing authorities may adopt rules in	3377
accordance with Chapter 119. of the Revised Code establishing a	3378
maximum percentage by which the cost of recycled products	3379
purchased under division (A) of this section may exceed the cost	3380
of comparable products made of virgin materials.	3381

(D) The department of administrative services, the office of	3382
information technology, and the department of natural resources	3383
annually shall prepare and submit to the governor, president of	3384
the senate, and speaker of the house of representatives a report	3385
that describes, so far as practicable, the value and types of	3386
recycled products that are purchased with moneys disbursed from	3387
the state treasury by the general assembly; the offices of all	3388
elected state officers; and all departments, boards, offices,	3389
commissions, agencies, and institutions of this state.	3390

Sec. 125.09. (A) Pursuant to section 125.07 of the Revised	3391
Code, ~~the department of administrative services~~a purchasing	3392
authority may prescribe such conditions under which competitive	3393
sealed bids will be received and terms of the proposed purchase as	3394
it considers necessary; provided, that all such conditions and	3395
terms shall be reasonable and shall not unreasonably restrict	3396
competition, and bidders may bid upon all or any item of the	3397
supplies or services listed in such notice. Those bidders claiming	3398
the preference for United States and Ohio products outlined in	3399
this chapter shall designate in their bids either that the product	3400
to be supplied is an Ohio product or that under the rules	3401
established by the ~~director of administrative services~~purchasing	3402
authority they qualify as having a significant Ohio economic	3403
presence.	3404

(B) The ~~department~~purchasing authority may require that each	3405
bidder provide sufficient information about the energy efficiency	3406
or energy usage of the bidder's product or service.	3407

(C) The ~~director of administrative services~~purchasing	3408
authority shall, by rule adopted pursuant to Chapter 119. of the	3409
Revised Code, prescribe criteria and procedures for use by all	3410
state agencies in giving preference to United States and Ohio	3411
products as required by division (B) of section 125.11 of the	3412
Revised Code. The rules shall extend to:	3413

(1) Criteria for determining that a product is produced or	3414
mined in the United States rather than in another country or	3415
territory;	3416

(2) Criteria for determining that a product is produced or	3417
mined in Ohio;	3418

(3) Information to be submitted by bidders as to the nature	3419
of a product and the location where it is produced or mined;	3420

(4) Criteria and procedures to be used by the ~~director~~	3421
purchasing authorities to qualify bidders located in states	3422
bordering Ohio who might otherwise be excluded from being awarded	3423
a contract by operation of this section and section 125.11 of the	3424
Revised Code. The criteria and procedures shall recognize the	3425
level and regularity of interstate commerce between Ohio and the	3426
border states and provide that the non-Ohio businesses may qualify	3427
for award of a contract as long as they are located in a state	3428
that imposes no greater restrictions than are contained in this	3429
section and section 125.11 of the Revised Code upon persons	3430
located in Ohio selling products or services to agencies of that	3431
state. The criteria and procedures shall also provide that a	3432
non-Ohio business shall not bid on a contract for state printing	3433
in this state if the business is located in a state that excludes	3434
Ohio businesses from bidding on state printing contracts in that	3435
state.	3436

(5) Criteria and procedures to be used to qualify bidders	3437
whose manufactured products, except for mined products, are	3438
produced in other states or in North America, but the bidders have	3439
a significant Ohio economic presence in terms of the number of	3440
employees or capital investment a bidder has in this state.	3441
Bidders with a significant Ohio economic presence shall qualify	3442
for award of a contract on the same basis as if their products	3443
were produced in this state.	3444

(6) Criteria and procedures for the ~~director~~purchasing	3445
authority to grant waivers of the requirements of division (B) of	3446
section 125.11 of the Revised Code on a contract-by-contract basis	3447
where compliance with those requirements would result in the state	3448
agency paying an excessive price for the product or acquiring a	3449
disproportionately inferior product;	3450

(7) Such other requirements or procedures reasonably	3451
necessary to implement the system of preferences established	3452
pursuant to division (B) of section 125.11 of the Revised Code.	3453

In adopting the rules required under this division, the	3454
~~director~~purchasing authority shall, to the maximum extent	3455
possible, conform to the requirements of the federal "Buy America	3456
Act," 47 Stat. 1520, (1933), 41 U.S.C.A. 10a-10d, as amended, and	3457
to the regulations adopted thereunder.	3458

Sec. 125.10. (A) ~~The department of administrative services~~A	3459
purchasing authority may require that all competitive sealed bids,	3460
competitive sealed proposals, and bids received in a reverse	3461
auction be accompanied by a performance bond or other cash surety	3462
acceptable to the ~~director of administrative services~~purchasing	3463
authority, in the sum and with the sureties it prescribes, payable	3464
to the state, and conditioned that the person submitting the bid	3465
or proposal, if that person's bid or proposal is accepted, will	3466
faithfully execute the terms of the contract and promptly make	3467
deliveries of the supplies purchased.	3468

(B) A sealed copy of each competitive sealed bid or	3469
competitive sealed proposal shall be filed with the ~~department~~	3470
purchasing authority prior to the time specified in the notice for	3471
opening of the bids or proposals. All competitive sealed bids and	3472
competitive sealed proposals shall be publicly opened in the	3473
office of the ~~department~~purchasing authority at the time	3474
specified in the notice. A representative of the auditor of state	3475
shall be present at the opening of all competitive sealed bids and	3476
competitive sealed proposals, and shall certify the opening of	3477
each competitive sealed bid and competitive sealed proposal. No	3478
competitive sealed bid or competitive sealed proposal shall be	3479
considered valid unless it is so certified.	3480

Sec. 125.11. (A) Subject to division (B) of this section,	3481
contracts awarded pursuant to a reverse auction under section	3482
125.072 of the Revised Code or pursuant to competitive sealed	3483
bidding, including contracts awarded under section 125.081 of the	3484
Revised Code, shall be awarded to the lowest responsive and	3485
responsible bidder on each item in accordance with section 9.312	3486
of the Revised Code. When the contract is for meat products as	3487
defined in section 918.01 of the Revised Code or poultry products	3488
as defined in section 918.21 of the Revised Code, only those bids	3489
received from vendors offering products from establishments on the	3490
current list of meat and poultry vendors established and	3491
maintained by the director of administrative services under	3492
section 125.17 of the Revised Code shall be eligible for	3493
acceptance. The ~~department of administrative services~~purchasing	3494
authority may accept or reject any or all bids in whole or by	3495
items, except that when the contract is for services or products	3496
available from a qualified nonprofit agency pursuant to sections	3497
125.60 to 125.6012 or 4115.31 to 4115.35 of the Revised Code, the	3498
contract shall be awarded to that agency.	3499

(B) Prior to awarding a contract under division (A) of this	3500
section, the ~~department of administrative services~~purchasing	3501
authority or the state agency responsible for evaluating a	3502
contract for the purchase of products shall evaluate the bids	3503
received according to the criteria and procedures established	3504
pursuant to divisions (C)(1) and (2) of section 125.09 of the	3505
Revised Code for determining if a product is produced or mined in	3506
the United States and if a product is produced or mined in this	3507
state. The ~~department~~purchasing authority or other state agency	3508
shall first remove bids that offer products that have not been or	3509
that will not be produced or mined in the United States. From	3510
among the remaining bids, the ~~department~~purchasing authority or	3511
other state agency shall select the lowest responsive and	3512
responsible bid, in accordance with section 9.312 of the Revised	3513
Code, from among the bids that offer products that have been	3514
produced or mined in this state where sufficient competition can	3515
be generated within this state to ensure that compliance with	3516
these requirements will not result in an excessive price for the	3517
product or acquiring a disproportionately inferior product. If	3518
there are two or more qualified bids that offer products that have	3519
been produced or mined in this state, it shall be deemed that	3520
there is sufficient competition to prevent an excessive price for	3521
the product or the acquiring of a disproportionately inferior	3522
product.	3523

(C) Division (B) of this section applies to contracts for	3524
which competitive bidding is waived by the controlling board.	3525

(D) Division (B) of this section does not apply to the	3526
purchase by the division of liquor control of spirituous liquor.	3527

(E) The director of administrative services shall publish in	3528
the form of a model act for use by counties, townships, municipal	3529
corporations, or any other political subdivision described in	3530
division (B) of section 125.04 of the Revised Code, a system of	3531
preferences for products mined and produced in this state and in	3532
the United States and for Ohio-based contractors. The model act	3533
shall reflect substantial equivalence to the system of preferences	3534
in purchasing and public improvement contracting procedures under	3535
which the state operates pursuant to this chapter and section	3536
153.012 of the Revised Code. To the maximum extent possible,	3537
consistent with the Ohio system of preferences in purchasing and	3538
public improvement contracting procedures, the model act shall	3539
incorporate all of the requirements of the federal "Buy America	3540
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	3541
the rules adopted under that act.	3542

Before and during the development and promulgation of the	3543
model act, the director shall consult with appropriate statewide	3544
organizations representing counties, townships, and municipal	3545
corporations so as to identify the special requirements and	3546
concerns these political subdivisions have in their purchasing and	3547
public improvement contracting procedures. The director shall	3548
promulgate the model act by rule adopted pursuant to Chapter 119.	3549
of the Revised Code and shall revise the act as necessary to	3550
reflect changes in this chapter or section 153.012 of the Revised	3551
Code.	3552

The director shall make available copies of the model act,	3553
supporting information, and technical assistance to any township,	3554
county, or municipal corporation wishing to incorporate the	3555
provisions of the act into its purchasing or public improvement	3556
contracting procedure.	3557

Sec. 125.15. All state agencies required to secure any	3558
equipment, materials, supplies, or services from ~~the department of~~	3559
~~administrative services~~a purchasing authority shall make	3560
acquisition in the manner and upon forms prescribed by ~~the~~	3561
~~director of administrative services~~that purchasing authority and	3562
shall reimburse the ~~department~~purchasing authority for the	3563
equipment, materials, supplies, or services, including a	3564
reasonable sum to cover ~~the department's~~ administrative costs and	3565
costs relating to energy efficiency and conservation programs,	3566
whenever reimbursement is required by the ~~department~~purchasing	3567
authority. The money so paid shall be deposited in the state	3568
treasury to the credit of the general services fund for use by the	3569
department of administrative services or the information	3570
technology fund for use by the office of information technology,	3571
as appropriate. Those funds are hereby created.	3572

Sec. 125.25. (A) ~~The director of administrative services~~A	3573
purchasing authority may debar a vendor from consideration for	3574
contract awards upon a finding based upon a reasonable belief that	3575
the vendor has done any of the following:	3576

(1) Abused the selection process by repeatedly withdrawing	3577
bids or proposals before purchase orders or contracts are issued	3578
or failing to accept orders based upon firm bids;	3579

(2) Failed to substantially perform a contract according to	3580
its terms, conditions, and specifications within specified time	3581
limits;	3582

(3) Failed to cooperate in monitoring contract performance by	3583
refusing to provide information or documents required in a	3584
contract, failed to respond to complaints to the vendor, or	3585
accumulated repeated justified complaints regarding performance of	3586
a contract;	3587

(4) Attempted to influence a public employee to breach	3588
ethical conduct standards or to influence a contract award;	3589

(5) Colluded to restrain competition by any means;

3590

(6) Been convicted of a criminal offense related to the	3591
application for or performance of any public or private contract,	3592
including, but not limited to, embezzlement, theft, forgery,	3593
bribery, falsification or destruction of records, receiving stolen	3594
property, and any other offense that directly reflects on the	3595
vendor's business integrity;	3596

(7) Been convicted under state or federal antitrust laws;

3597

(8) Deliberately or willfully submitted false or misleading	3598
information in connection with the application for or performance	3599
of a public contract;	3600

(9) Violated any other responsible business practice or	3601
performed in an unsatisfactory manner as determined by ~~the~~	3602
~~director~~a purchasing authority;	3603

(10) Through the default of a contract or through other means	3604
had a determination of unresolved finding for recovery by the	3605
auditor of state under section 9.24 of the Revised Code;	3606

(11) Acted in such a manner as to be debarred from	3607
participating in a contract with any governmental agency.	3608

(B) When ~~the director~~a purchasing authority reasonably	3609
believes that grounds for debarment exist, the ~~director~~purchasing	3610
authority shall send the vendor a notice of proposed debarment	3611
indicating the grounds for the proposed debarment and the	3612
procedure for requesting a hearing on the proposed debarment. The	3613
hearing shall be conducted in accordance with Chapter 119. of the	3614
Revised Code. If the vendor does not respond with a request for a	3615
hearing in the manner specified in Chapter 119. of the Revised	3616
Code, the ~~director~~purchasing authority shall issue the debarment	3617
decision without a hearing and shall notify the vendor of the	3618
decision by certified mail, return receipt requested.	3619

(C) The ~~director~~purchasing authority shall determine the	3620
length of the debarment period and may rescind the debarment at	3621
any time upon notification to the vendor. During the period of	3622
debarment, the vendor is not eligible to participate in any state	3623
contract. After the debarment period expires, the vendor shall be	3624
eligible to be awarded contracts by state agencies.	3625

(D) The ~~director, through the~~ office of information	3626
technology and the ~~office of procurement~~department of	3627
administrative services, shall maintain a list of all vendors	3628
currently debarred under this section.	3629

Sec. 125.45. The department of administrative services shall	3630
maintain facilities to perform office reproduction services for	3631
all boards, commissions, or departments except for the bureau of	3632
workers' compensation. Upon written application to the department	3633
of administrative services, permission may be granted to a board,	3634
commission, or department to perform such services outside the	3635
central facility and such permission shall state the extent of the	3636
services which the department, board, or commission shall perform.	3637

Office reproduction services using stencils, masters, or	3638
plates are restricted to duplicating equipment not larger than	3639
seventeen by twenty-two inches. Not to exceed five thousand press	3640
impressions shall be produced of any such order except that up to	3641
one thousand production copies may be produced of any item	3642
consisting of multiple pages and except that over five thousand,	3643
but not more than ten thousand, press impressions may be produced	3644
if the director of administrative services determines that there	3645
is an emergency due to the timing of service delivery or another	3646
factor that may cause financial hardship to the state.	3647

Nothing in this section precludes the bureau from entering	3648
into a contract with the department of administrative services for	3649
the department to perform office reproduction services for the	3650
bureau.	3651

~~Neither the department nor any other~~No state agency, other	3652
than the department of administrative services, shall perform	3653
printing or office reproduction services for political	3654
subdivisions.	3655

Sec. 125.93. The state forms management program shall do	3656
each of the following:	3657

(A) Assist state agencies in establishing internal forms	3658
management capabilities;	3659

(B) ~~Study, develop, coordinate, and initiate forms of~~	3660
~~interagency and common administrative usage, and establish basic~~	3661
~~design and specification criteria to standardize state forms;~~	3662

~~(C)~~ Assist state agencies to design economical forms;

3663

~~(D)~~(C) Assist, train, and instruct state agencies and their	3664
forms management representatives in forms management techniques,	3665
and provide direct forms management assistance to new state	3666
agencies as they are created;	3667

~~(E) Maintain a central forms repository of all state forms to~~	3668
~~facilitate standardization of the forms, eliminate redundant~~	3669
~~forms, and provide a central source of information on forms usage~~	3670
~~and availability~~.	3671

Sec. 125.96. The director of administrative services may	3672
adopt, amend, or rescind rules necessary to carry out the powers	3673
and duties imposed upon the state forms management program and	3674
state agencies by sections 125.92 to 125.98 of the Revised Code.	3675
~~The director shall adopt, and may amend or rescind, rules~~	3676
~~providing each of the following:~~	3677

~~(A) After a date to be determined by the state forms~~	3678
~~management program, no state agency shall utilize any form, other~~	3679
~~than a form subject to division (B) of section 125.95 of the~~	3680
~~Revised Code, the management of which has not been delegated to~~	3681
~~the agency by the program under division (A) of that section or~~	3682
~~been approved by the program.~~	3683

~~(B) The notice required by section 125.97 of the Revised Code~~	3684
~~shall appear in a standard place and a standard manner on each~~	3685
~~form to which the notice applies, and shall include specified~~	3686
~~indicia of approval by the state forms management program.~~	3687

~~(C) Any form required by a state agency on an emergency basis~~	3688
~~may be given interim approval by the state forms management~~	3689
~~program if the form is accompanied by a letter from the director~~	3690
~~or other head of the agency setting forth the nature of the~~	3691
~~emergency and requesting interim approval.~~	3692

Sec. 125.97. All forms~~, other than those forms subject to~~	3693
~~division (B) of section 125.95 of the Revised Code,~~ used to obtain	3694
information from private business, agriculture, or local	3695
governments, except those forms used by the tax commissioner for	3696
administration of taxes and programs, shall contain a conspicuous	3697
notice on the first page setting forth the authorization for the	3698
form and stating whether providing the information sought is	3699
required or voluntary, and any penalties that apply to failure to	3700
provide the information.	3701

Sec. 125.98. (A) Each state agency shall appoint a forms	3702
management representative, who may be from existing personnel. The	3703
appointee shall cooperate with, and provide other necessary	3704
assistance to, the director of administrative services and the	3705
state forms management program in implementing the program. A	3706
forms management representative shall do all of the following:	3707

(1) Manage the agency's forms management program and	3708
cooperate with and provide other necessary assistance to the	3709
director of administrative services in implementing the state	3710
forms management program;	3711

(2) Monitor the use and reproduction of all forms to ensure	3712
that all policies, procedures, guidelines, and standards	3713
established by the agency and the director of administrative	3714
services are followed;	3715

(3) ~~Ensure that every form used by the agency is presented to~~	3716
~~the state forms management program for registration prior to its~~	3717
~~reproduction;~~	3718

~~(4)~~ Maintain ~~a master forms file history file, in numeric~~	3719
~~order, of all agency forms;~~	3720

~~(5) Verify and update the~~all historical information on all	3721
forms in the agency's central forms repository database.	3722

(B) Any state agency, as defined in section 1.60 of the	3723
Revised Code, not included within the definition of a state agency	3724
in section 125.91 of the Revised Code may elect to participate in	3725
the state forms management program. The program may provide to any	3726
such agency any service required or authorized by sections 125.92	3727
to 125.98 of the Revised Code to be performed for a state agency.	3728

Sec. 126.04. Funds appropriated for purposes of fulfilling	3729
the state's obligations under the consent order filed March 5,	3730
2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United	3731
States district court for the southern district of Ohio, eastern	3732
division, shall be in an appropriation item that authorizes	3733
expenditures only for purposes of fulfilling the state's	3734
obligations under the consent order.	3735

Sec. 126.07. NoExcept as provided in division (B) of	3736
section 126.21 of the Revised Code, no contract, agreement, or	3737
obligation involving the expenditure of money chargeable to an	3738
appropriation, nor any resolution or order for the expenditure of	3739
money chargeable to an appropriation, shall be valid and	3740
enforceable unless the director of budget and management first	3741
certifies that there is a balance in the appropriation not already	3742
obligated to pay existing obligations, in an amount at least equal	3743
to the portion of the contract, agreement, obligation, resolution,	3744
or order to be performed in the current fiscal year. Any written	3745
contract or agreement entered into by the state shall contain a	3746
clause stating that the obligations of the state are subject to	3747
this section.	3748

The chief administrative officer of a state agency is	3749
responsible for the preaudit and approval of expenditures and	3750
other transactions of the agency. In order to ~~make~~initiate the	3751
making of a payment from the state treasury, the person in a state	3752
agency who requests that the payment be made shall first submit to	3753
the ~~director~~chief administrative officer of the agency all	3754
invoices, claims, vouchers, and other ~~evidentiary matter~~	3755
documentation related to the payment. ~~If the director approves~~	3756
~~payment to be made, the director shall draw a warrant as provided~~	3757
~~in section 126.35 of the Revised Code.~~The chief administrative	3758
officer shall examine each voucher and all other documentation	3759
required to support the voucher and determine whether they meet	3760
all the requirements established by the director of budget and	3761
management for making the payment. If they do meet those	3762
requirements, the chief administrative officer shall certify to	3763
the director the approval of the chief administrative officer for	3764
payment.	3765

Prior to drawing a warrant as provided in section 126.35 of	3766
the Revised Code, the director may review and audit the voucher,	3767
any documentation accompanying the voucher, and any other	3768
documentation related to the transaction that the director may	3769
require to determine if the transaction is in accordance with law.	3770
The director shall not approve payment to be made if the director	3771
finds that there is not an unobligated balance in the	3772
appropriation for the payment, that the payment is not for a valid	3773
claim against the state that is legally due, or that insufficient	3774
~~evidentiary matter~~documentation has been submitted. If the	3775
director does not approve payment, the director shall notify the	3776
agency of the reasons the director has not given approval.	3777

In approving payments to be made under this section, the	3778
director, upon receipt of certification from the director of job	3779
and family services pursuant to section 4141.231 of the Revised	3780
Code, shall withhold from amounts otherwise payable to a person	3781
who is the subject of the director of jobs and family services'	3782
certification, the amount certified to be due and unpaid to the	3783
director of job and family services, and shall approve for payment	3784
to the director of job and family services, the amount withheld.	3785

As used in this section and in section 126.21 of the Revised	3786
Code, "chief administrative officer" means either of the	3787
following:	3788

(A) The director of the agency or, in the case of a state	3789
agency without a director, the equivalent officer of that agency;	3790

(B) The designee of the chief administrative officer for the	3791
purposes of such sections.	3792

Sec. 126.08. The director of budget and management may	3793
exercise control over the financial transactions of state	3794
agencies, including approving, disapproving, voiding, or	3795
invalidating encumbrances or transactions, except those in the	3796
judicial and legislative branches, by:	3797

(A) Requiring encumbrancing documents or any other financial	3798
information to be submitted to the director~~, where such submission~~	3799
~~is prescribed by law or where the director considers such~~	3800
~~submission necessary~~ to evaluate the legality of ~~a proposed~~an	3801
expenditure, ~~and by approving or disapproving any encumbrance~~	3802
~~requested,~~ except that the director shall not disapprove any	3803
encumbrancing document submitted by the attorney general, auditor	3804
of state, secretary of state, or treasurer of state unless there	3805
is an insufficient unobligated balance in the appropriation or the	3806
encumbrance does not meet all other legal requirements. Those	3807
portions of an appropriation that are encumbered are not available	3808
for expenditure for any purpose other than that indicated on the	3809
encumbrancing document. If any requirements of the director	3810
regarding the submission of encumbrancing documents or other	3811
financial information are not complied with, or if any	3812
encumbrancing document is disapproved in whole or in part, the	3813
director shall notify the submitting agency thereof and shall not	3814
authorize payment unless the reasons for disapproval are	3815
corrected.	3816

(B) Requiring the allocation and allotment of any	3817
appropriation by quarter or by any other period of time.	3818

(C) Reporting to the attorney general for such action, civil	3819
or criminal, as the attorney general considers necessary, all	3820
facts showing improper payment of public money or misappropriation	3821
of public property;	3822

(D) By adopting rules for carrying into effect any powers	3823
granted by this chapter.	3824

Sec. 126.16. (A) This section is in implementation of	3825
division (D) of Section 17 of Article VIII, Ohio Constitution, for	3826
purposes of issuing direct obligations of the state subject to	3827
that section.	3828

(B) For purposes of the computation of debt service under	3829
Section 17 of Article VIII, Ohio Constitution, there shall be	3830
included debt service payable on bonds that are direct obligations	3831
of the state issued under Article VIII, Ohio Constitution, and on	3832
those bonds anticipated by bond anticipation notes, to the extent	3833
that debt service on those bonds is anticipated to be paid from	3834
the state general revenue fund or net state lottery proceeds.	3835
Examples of bonds the debt service on which is not anticipated to	3836
be paid from either of those sources are bonds of the state issued	3837
for highway purposes pursuant to Section 2i or 2m of Article VIII,	3838
Ohio Constitution, which, although general obligations of the	3839
state, have been and are anticipated to be paid from highway user	3840
receipts and not from the general revenue fund or net state	3841
lottery proceeds.	3842

(C) If there is no separate constitutional or statutory	3843
provision applicable for the purpose, debt service on bonds	3844
anticipated by bond anticipation notes shall be estimated as	3845
provided in division (C) of this section. That amount, to be	3846
certified either by the issuing authority of the particular notes	3847
or by the governor or the governor's designee pursuant to division	3848
(E) of this section, shall be the estimated amount that would have	3849
been payable on bonds maturing serially in each fiscal year after	3850
the fiscal year of the issuance of the notes over the maximum	3851
period of maturity for the bonds authorized in the particular	3852
governing constitutional or statutory provision, as if those bonds	3853
had been issued without the prior issuance of the notes, and	3854
computed on a substantially level debt service basis applying an	3855
interest rate or rates certified to be market rates at the time of	3856
issuance of the notes.	3857

(D) In the case of bonds issued to refund or retire bonds,	3858
the debt service on the new bonds shall be counted and the debt	3859
service on the bonds being refunded or retired shall not be	3860
counted.	3861

(E) The governor, or the governor's designee for the purpose,	3862
shall determine and certify the fiscal year amounts required to be	3863
applied or set aside for payment of debt service, including debt	3864
service on any variable rate bonds, the securities to which that	3865
debt service relates, the total office of budget and management	3866
estimated revenues of the state for the general revenue fund and	3867
from net state lottery proceeds during the particular fiscal year,	3868
and any other financial data necessary or appropriate for the	3869
purpose of the computations under division (A) of Section 17 of	3870
Article VIII, Ohio Constitution, and this section. Those	3871
determinations and certifications shall be filed with the director	3872
of budget and management, the treasurer of state, and the issuing	3873
authority for the particular obligations, at or prior to the time	3874
those securities are issued. The governor's designee for the	3875
purpose may be the director or assistant director of budget and	3876
management, or any employee or official of the governor's office.	3877

(F) For purposes of this section, "securities," "interest or	3878
interest equivalent," and "outstanding" have the same meanings as	3879
in section 133.01 of the Revised Code, and "debt service" means	3880
principal, including any mandatory sinking fund deposits and	3881
mandatory redemption payments, and interest or interest equivalent	3882
payable on securities, as those payments are stated to come due	3883
and to be payable.	3884

(G)(1) As used in this division, "avoided obligations" means	3885
direct obligations of the state that are not issued because the	3886
capital facilities they would have financed are instead paid for	3887
with the proceeds of obligations issued under division (C) of	3888
section 183.51 of the Revised Code.	3889

(2) For purposes of computing the limitation on issuing	3890
direct obligations of the state under this section and Section 17	3891
of Article VIII, Ohio Constitution, any avoided obligations shall	3892
be considered as having been issued. The fiscal year amounts that	3893
would have been required to be applied or set aside for payment of	3894
debt service over the maximum period of maturity of the avoided	3895
obligations had the avoided obligations been issued shall be	3896
included in the computations.	3897

~~Sec. 125.18.~~ Sec. 126.17. (A) There is hereby established the	3898
~~office of information technology housed within the department of~~	3899
~~administrative services. The office shall be under the supervision~~	3900
position of ~~a chief information officer to~~state chief information	3901
officer, who shall be appointed by the ~~governor~~director of budget	3902
and management and subject to removal at the pleasure of the	3903
~~governor~~director. ~~The chief information officer shall serve as~~	3904
~~the director of the office.~~The state chief information officer	3905
shall report to the director of budget and management and shall be	3906
an assistant director of the office of budget and management in	3907
addition to the assistant director created in section 121.05 of	3908
the Revised Code. There is hereby created the office of	3909
information technology in the office of budget and management. The	3910
office of information technology shall be supervised by the state	3911
chief information officer, subject to the authority of the	3912
director of budget and management. The state chief information	3913
officer shall have all authority granted to the office of	3914
information technology, and the exercise of that authority shall	3915
be subject to the approval of the director of budget and	3916
management.	3917

(B) The ~~director of the office of information technology~~	3918
state chief information officer shall ~~advise~~annually submit a	3919
report to the governor regarding the statewide superintendence of	3920
information technology and implementation of statewide information	3921
technology policy.	3922

(C) The ~~director of the office of information technology~~	3923
state chief information officer shall lead, oversee, and direct	3924
state agency activities related to information technology	3925
development and use. In that regard, the ~~director~~state chief	3926
information officer shall do all of the following:	3927

(1) Coordinate and superintend statewide efforts to promote	3928
common use and development of technology by state agencies. The	3929
office of information technology shall establish policies and	3930
standards that govern and direct state agency participation in	3931
statewide programs and initiatives.	3932

(2) Establish policies and standards for the acquisition and	3933
use of information technology by state agencies, including, but	3934
not limited to, hardware, software, technology services, and	3935
security, with which state agencies shall comply;	3936

(3) Establish criteria and review processes to identify state	3937
agency information technology projects that require alignment or	3938
oversight. As appropriate, the ~~office of information technology~~	3939
state chief information officer shall provide ~~the governor and~~ the	3940
director of budget and management with notice and advice regarding	3941
the appropriate allocation of resources for those projects. The	3942
~~director of the office of information technology~~state chief	3943
information officer may ~~require state agencies to provide, and may~~	3944
prescribe the form and manner by which ~~they~~state agencies must	3945
provide, and may require state agencies to provide, information to	3946
fulfill the ~~director's~~state chief information officer's alignment	3947
and oversight role.	3948

(D) The office of information technology ~~shall have~~has the	3949
~~same~~ authority ~~given to the department of administative services~~	3950
~~under~~for the purchase of information technology supplies and	3951
services for state agencies consistent with sections 125.01,	3952
125.011, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, 125.071,	3953
125.072, 125.081, 125.09, 125.10, 125.11, 125.15, and 125.25 of	3954
the Revised Code ~~for the purchase of information technology~~	3955
~~supplies and services for state agencies~~.	3956

(E) The office of information technology may make contracts	3957
for, operate, and superintend technology supplies and services for	3958
state agencies in accordance with this chapter.	3959

(F) The office of information technology may establish	3960
cooperative agreements with federal and local government agencies	3961
and state agencies that are not under the authority of the	3962
governor for the provision of technology services and the	3963
development of technology projects.	3964

(G) As used in this section, "state agency" ~~means~~includes	3965
every organized body, office, or agency established by the laws of	3966
the state for the exercise of any function of state government,	3967
other than any state-supported institution of higher education,	3968
the office of the auditor of state, treasurer of state, secretary	3969
of state, or attorney general, the public employees retirement	3970
system, the Ohio police and fire pension fund, the state teachers	3971
retirement system, the school employees retirement system, the	3972
state highway patrol retirement system, the general assembly or	3973
any legislative agency, or the courts or any judicial agency.	3974

(H) There is hereby created in the state treasury the IT	3975
governance fund for the purpose of carrying out the office of	3976
information technology's responsibilities described in this	3977
section. The fund shall consist of revenues generated from payroll	3978
charges, billed services, administrative assessments, and other	3979
revenues designated to support the responsibilities described in	3980
this section.	3981

~~Sec. 125.30.~~ Sec. 126.18. (A) The ~~department of administrative~~	3982
~~services~~office of information technology shall do both of the	3983
following:	3984

(1) Create a business reply form that is capable of	3985
containing information that a private business is required to	3986
provide to state agencies on a regular basis. The ~~director of~~	3987
~~administrative services~~office of information technology shall	3988
adopt rules in accordance with Chapter 119. of the Revised Code	3989
specifying the information that the form shall contain. ~~Subject to~~	3990
~~division (E) of this section, state~~State agencies shall use the	3991
business reply form to obtain information from private businesses.	3992

(2) ~~Create an on-line computer network system to allow~~	3993
~~private businesses to electronically file the business reply form~~	3994
Maintain the Ohio business gateway, as defined in section 718.051	3995
of the Revised Code.	3996

In creating the business reply form described in division	3997
(A)(1) of this section, the ~~director~~office of information	3998
technology may consider the recommendations of interested parties	3999
from the small business community who have direct knowledge of and	4000
familiarity with the current state reporting requirements that	4001
apply to, and the associated forms that are filed by, small	4002
businesses.	4003

(B) The ~~director~~office of information technology shall	4004
establish procedures by which state agencies may share the	4005
information that is collected through the form established under	4006
division (A) of this section. These procedures shall provide that	4007
information that has been designated as confidential by any state	4008
agency shall not be made available to the other state agencies	4009
having access to the business reply form.	4010

(C) ~~Not later than September 30, 1999, the director~~The	4011
office of information technology may report to the director of	4012
budget and management and to the committees ~~that handle~~having	4013
jurisdiction over finance and ~~the committees that handle~~ state	4014
government affairs in the house of representatives and the senate	4015
on the progress of state agencies in complying with division	4016
(A)(1) of this section. The ~~director~~office of information	4017
technology may recommend a five per cent reduction in the future	4018
appropriations of any state agency that has failed to comply with	4019
that division without good cause.	4020

(D) As used in this section:

4021

(1) "State agency" ~~means the secretary of state, the~~	4022
~~department of job and family services regarding duties it performs~~	4023
~~pursuant to Title XLI of the Revised Code, the bureau of workers'~~	4024
~~compensation, the department of administrative services, and any~~	4025
~~other state agency that elects to participate in the pilot program~~	4026
~~as provided in division (E) of this section~~has the same meaning	4027
as defined in section 126.17 of the Revised Code.	4028

(2) "Form" has the same meaning as ~~in division (B) of~~defined	4029
in section 125.91 of the Revised Code.	4030

~~(E) The provisions of this section pertaining to the business~~	4031
~~reply form constitute a two-year pilot program. Not later than~~	4032
~~one year after January 21, 1998, the department of administrative~~	4033
~~services shall complete the planning and preparation that is~~	4034
~~necessary to implement the pilot program. The director of~~	4035
~~administrative services may request other state agencies, as~~	4036
~~defined in division (A) of section 125.91 of the Revised Code, to~~	4037
~~participate in the pilot program. If the director so requests, the~~	4038
~~state agency may participate in the program. The provisions of~~	4039
~~this section shall cease to have effect three years after January~~	4040
~~21, 1998. Within ninety days after the completion of the pilot~~	4041
~~program, the director of administrative services shall report to~~	4042
~~the director of budget and management and the committees described~~	4043
~~in division (C) of this section on the effectiveness of the pilot~~	4044
~~program.~~	4045

Sec. 126.19. (A) There is established the multi-agency radio	4046
communications system (MARCS). The system shall be a computer and	4047
communications network to provide voice and data communications	4048
statewide maintained by the office of information technology.	4049
MARCS shall supply a communications backbone for statewide public	4050
safety uses in a single system shared by several state agencies.	4051
The system shall provide mobile voice, data, vehicle location	4052
services, and computer-aided dispatching. The office of	4053
information technology shall promote MARCS as a statewide	4054
interoperable communications system for public safety agencies at	4055
all levels of government. Subject to the approval of the MARCS	4056
steering committee, the office of information technology may make	4057
MARCS available to agencies for uses not related to public safety.	4058

(B) There is hereby established a MARCS steering committee	4059
consisting of the designees of the state chief information	4060
officer; the directors of public safety, health, natural	4061
resources, transportation, rehabilitation and correction, and	4062
youth services; and a designee not from a state agency who shall	4063
be appointed by the state chief information officer. The state	4064
chief information officer or the officer's designee shall chair	4065
the committee. The committee shall provide assistance to the	4066
office of information technology for effective and efficient	4067
implementation of the MARCS system as well as develop policies for	4068
the ongoing management of the system. Upon dates prescribed by the	4069
state chief information officer, the MARCS steering committee	4070
shall report to the state chief information officer on the	4071
progress of MARCS implementation and the development of policies	4072
related to the system. The MARCS steering committee may permit	4073
secondary uses of MARCS not related to public safety so long as	4074
those secondary uses do not interfere with the system's primary	4075
use for public safety.	4076

Sec. 126.21. (A) The director of budget and management shall	4077
do all of the following:	4078

(1) Keep all necessary accounting records;

4079

(2) Prescribe and maintain the accounting system of the state	4080
and establish appropriate accounting procedures and charts of	4081
accounts;	4082

(3) Establish procedures for the use of written, electronic,	4083
optical, or other communications media for approving and reviewing	4084
payment vouchers;	4085

(4) Reconcile, in the case of any variation between the	4086
amount of any appropriation and the aggregate amount of items of	4087
the appropriation, with the advice and assistance of the state	4088
agency affected by it and the legislative service commission,	4089
totals so as to correspond in the aggregate with the total	4090
appropriation. In the case of a conflict between the item and the	4091
total of which it is a part, the item shall be considered the	4092
intended appropriation.	4093

(5) Evaluate on an ongoing basis and, if necessary, recommend	4094
improvements to the internal controls used in state agencies;	4095

(6) Authorize the establishment of petty cash accounts. The	4096
director ~~of budget and management~~ may withdraw approval for any	4097
petty cash account and require the officer in charge to return to	4098
the state treasury any unexpended balance shown by the officer's	4099
accounts to be on hand. Any officer who is issued a warrant for	4100
petty cash shall render a detailed account of the expenditures of	4101
the petty cash and shall report when requested the balance of	4102
petty cash on hand at any time.	4103

(7) Process orders, invoices, vouchers, claims, and payrolls	4104
and prepare financial reports and statements;	4105

(8) Perform extensions, reviews, and compliance checks prior	4106
to or after approving a payment as the director considers	4107
necessary;	4108

(9) Issue the official comprehensive annual financial report	4109
of the state. The report shall cover all funds of the state	4110
reporting entity and shall include basic financial statements and	4111
required supplementary information prepared in accordance with	4112
generally accepted accounting principles and other information as	4113
the director provides. All state agencies, authorities,	4114
institutions, offices, retirement systems, and other component	4115
units of the state reporting entity as determined by the director	4116
shall furnish the director whatever financial statements and other	4117
information the director requests for the report, in the form, at	4118
the times, covering the periods, and with the attestation the	4119
director prescribes. The information for state institutions of	4120
higher education, as defined in section 3345.011 of the Revised	4121
Code, shall be submitted to the ~~director~~chancellor by the Ohio	4122
board of regents. The board shall establish a due date by which	4123
each such institution shall submit the information to the board,	4124
but no such date shall be later than one hundred twenty days after	4125
the end of the state fiscal year unless a later date is approved	4126
by the director.	4127

(B) In addition to the director's duties under division (A)	4128
of this section, the director ~~of budget and management~~ may	4129
establish and administer one or more state payment card programs	4130
that permit or require state agencies to use a payment card to	4131
purchase equipment, materials, supplies, or services in accordance	4132
with guidelines issued by the director. The chief administrative	4133
officer of a state agency that uses a payment card for such	4134
purposes shall ensure that purchases made with the card are made	4135
in accordance with the guidelines issued by the director and do	4136
not exceed the unexpended, unencumbered, unobligated balance in	4137
the appropriation to be charged for the purchase. State agencies	4138
may ~~only~~ participate in only those state payment card programs	4139
that the director establishes pursuant to this section.	4140

(C) In addition to the director's duties under divisions (A)	4141
and (B) of this section, the director may enter into any contract	4142
or agreement necessary for and incidental to the performance of	4143
the director's duties or the duties of the office of budget and	4144
management.	4145

Sec. 126.22. The director of budget and management may:

4146

(A) Perform accounting services for and design and implement	4147
accounting systems with state agencies;	4148

(B) Provide other accounting services, including the	4149
maintenance and periodic auditing of the financial records of and	4150
submission of vouchers by state agencies, provision of assistance	4151
in the analysis of the financial position of state agencies, and	4152
preparation and submission of reports;	4153

(C) Change any accounting code appearing in appropriations	4154
acts of the general assembly.	4155

Sec. 126.24. The OAKS support organization fund is hereby	4156
created in the state treasury for the purpose of paying the	4157
operating expenses of the state's enterprise resource planning	4158
system. The fund shall consist of cash transfers from the	4159
accounting and budgeting fund and the human resources services	4160
fund, and other revenues designated to support the operating costs	4161
of the Ohio administrative knowledge system. All investment	4162
earnings of the fund shall be credited to the fund.	4163

Sec. 126.40. There is hereby created in the state treasury	4164
the forgery recovery fund. The fund shall consist of all moneys	4165
collected by the attorney general from the resolution of cases of	4166
fraud or forgery involving warrants issued by the director of the	4167
office of budget and management. The director shall use the fund	4168
to pay costs associated with the reissue of state warrants to	4169
payees whose warrants were fraudulently redeemed.	4170

Sec. 127.16. (A) Upon the request of either a state agency	4171
or the director of budget and management and after the controlling	4172
board determines that an emergency or a sufficient economic reason	4173
exists, the controlling board may approve the making of a purchase	4174
without competitive selection as provided in division (B) of this	4175
section.	4176

(B) Except as otherwise provided in this section, no state	4177
agency, using money that has been appropriated to it directly,	4178
shall:	4179

(1) Make any purchase from a particular supplier, that would	4180
amount to fifty thousand dollars or more when combined with both	4181
the amount of all disbursements to the supplier during the fiscal	4182
year for purchases made by the agency and the amount of all	4183
outstanding encumbrances for purchases made by the agency from the	4184
supplier, unless the purchase is made by competitive selection or	4185
with the approval of the controlling board;	4186

(2) Lease real estate from a particular supplier, if the	4187
lease would amount to seventy-five thousand dollars or more when	4188
combined with both the amount of all disbursements to the supplier	4189
during the fiscal year for real estate leases made by the agency	4190
and the amount of all outstanding encumbrances for real estate	4191
leases made by the agency from the supplier, unless the lease is	4192
made by competitive selection or with the approval of the	4193
controlling board.	4194

(C) Any person who authorizes a purchase in violation of	4195
division (B) of this section shall be liable to the state for any	4196
state funds spent on the purchase, and the attorney general shall	4197
collect the amount from the person.	4198

(D) Nothing in division (B) of this section shall be	4199
construed as:	4200

(1) A limitation upon the authority of the director of	4201
transportation as granted in sections 5501.17, 5517.02, and	4202
5525.14 of the Revised Code;	4203

(2) Applying to medicaid provider agreements under Chapter	4204
5111. of the Revised Code or payments or provider agreements under	4205
the disability medical assistance program established under	4206
Chapter 5115. of the Revised Code;	4207

(3) Applying to the purchase of examinations from a sole	4208
supplier by a state licensing board under Title XLVII of the	4209
Revised Code;	4210

(4) Applying to entertainment contracts for the Ohio state	4211
fair entered into by the Ohio expositions commission, provided	4212
that the controlling board has given its approval to the	4213
commission to enter into such contracts and has approved a total	4214
budget amount for such contracts as agreed upon by commission	4215
action, and that the commission causes to be kept itemized records	4216
of the amounts of money spent under each contract and annually	4217
files those records with the clerk of the house of representatives	4218
and the clerk of the senate following the close of the fair;	4219

(5) Limiting the authority of the chief of the division of	4220
mineral resources management to contract for reclamation work with	4221
an operator mining adjacent land as provided in section 1513.27 of	4222
the Revised Code;	4223

(6) Applying to investment transactions and procedures of any	4224
state agency, except that the agency shall file with the board the	4225
name of any person with whom the agency contracts to make, broker,	4226
service, or otherwise manage its investments, as well as the	4227
commission, rate, or schedule of charges of such person with	4228
respect to any investment transactions to be undertaken on behalf	4229
of the agency. The filing shall be in a form and at such times as	4230
the board considers appropriate.	4231

(7) Applying to purchases made with money for the per cent	4232
for arts program established by section 3379.10 of the Revised	4233
Code;	4234

(8) Applying to purchases made by the rehabilitation services	4235
commission of services, or supplies, that are provided to persons	4236
with disabilities, or to purchases made by the commission in	4237
connection with the eligibility determinations it makes for	4238
applicants of programs administered by the social security	4239
administration;	4240

(9) Applying to payments by the department of job and family	4241
services under section 5111.13 of the Revised Code for group	4242
health plan premiums, deductibles, coinsurance, and other	4243
cost-sharing expenses;	4244

(10) Applying to any agency of the legislative branch of the	4245
state government;	4246

(11) Applying to agreements or contracts entered into under	4247
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	4248
Revised Code;	4249

(12) Applying to purchases of services by the adult parole	4250
authority under section 2967.14 of the Revised Code or by the	4251
department of youth services under section 5139.08 of the Revised	4252
Code;	4253

(13) Applying to dues or fees paid for membership in an	4254
organization or association;	4255

(14) Applying to purchases of utility services pursuant to	4256
section 9.30 of the Revised Code;	4257

(15) Applying to purchases made in accordance with rules	4258
adopted by the department of administrative services of motor	4259
vehicle, aviation, or watercraft fuel, or emergency repairs of	4260
such vehicles;	4261

(16) Applying to purchases of tickets for passenger air	4262
transportation;	4263

(17) Applying to purchases necessary to provide public	4264
notifications required by law or to provide notifications of job	4265
openings;	4266

(18) Applying to the judicial branch of state government;

4267

(19) Applying to purchases of liquor for resale by the	4268
division of liquor control;	4269

(20) Applying to purchases of motor courier and freight	4270
services made in accordance with department of administrative	4271
services rules;	4272

(21) Applying to purchases from the United States postal	4273
service and purchases of stamps and postal meter replenishment	4274
from vendors at rates established by the United States postal	4275
service;	4276

(22) Applying to purchases of books, periodicals, pamphlets,	4277
newspapers, maintenance subscriptions, and other published	4278
materials;	4279

(23) Applying to purchases from other state agencies,	4280
including state-assisted institutions of higher education;	4281

(24) Limiting the authority of the director of environmental	4282
protection to enter into contracts under division (D) of section	4283
3745.14 of the Revised Code to conduct compliance reviews, as	4284
defined in division (A) of that section;	4285

(25) Applying to purchases from a qualified nonprofit agency	4286
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	4287
the Revised Code;	4288

(26) Applying to payments by the department of job and family	4289
services to the United States department of health and human	4290
services for printing and mailing notices pertaining to the tax	4291
refund offset program of the internal revenue service of the	4292
United States department of the treasury;	4293

(27) Applying to contracts entered into by the department of	4294
mental retardation and developmental disabilities under ~~sections~~	4295
section 5123.18~~, 5123.182, and 5123.199~~ of the Revised Code;	4296

(28) Applying to payments made by the department of mental	4297
health under a physician recruitment program authorized by section	4298
5119.101 of the Revised Code;	4299

(29) Applying to contracts entered into with persons by the	4300
director of commerce for unclaimed funds collection and remittance	4301
efforts as provided in division (F) of section 169.03 of the	4302
Revised Code. The director shall keep an itemized accounting of	4303
unclaimed funds collected by those persons and amounts paid to	4304
them for their services.	4305

(30) Applying to purchases made by a state institution of	4306
higher education in accordance with the terms of a contract	4307
between the vendor and an inter-university purchasing group	4308
comprised of purchasing officers of state institutions of higher	4309
education;	4310

(31) Applying to the department of job and family services'	4311
purchases of health assistance services under the children's	4312
health insurance program part I provided for under section 5101.50	4313
of the Revised Code or the children's health insurance program	4314
part II provided for under section 5101.51 of the Revised Code;	4315

(32) Applying to payments by the attorney general from the	4316
reparations fund to hospitals and other emergency medical	4317
facilities for performing medical examinations to collect physical	4318
evidence pursuant to section 2907.28 of the Revised Code;	4319

(33) Applying to contracts with a contracting authority or	4320
administrative receiver under division (B) of section 5126.056 of	4321
the Revised Code;	4322

(34) Applying to reimbursements paid to the United States	4323
department of veterans affairs for pharmaceutical and patient	4324
supply purchases made on behalf of the Ohio veterans' home agency;	4325

(35) Applying to agreements entered into with terminal	4326
distributors of dangerous drugs under section 5110.20 of the	4327
Revised Code;	4328

(36) Applying to payments by the superintendent of the bureau	4329
of criminal identification and investigation to the federal bureau	4330
of investigation for criminal records checks pursuant to section	4331
109.572 of the Revised Code.	4332

(E) Notwithstanding division (B)(1) of this section, the	4333
cumulative purchase threshold shall be seventy-five thousand	4334
dollars for the departments of mental retardation and	4335
developmental disabilities, mental health, rehabilitation and	4336
correction, and youth services.	4337

(F) When determining whether a state agency has reached the	4338
cumulative purchase thresholds established in divisions (B)(1),	4339
(B)(2), and (E) of this section, all of the following purchases by	4340
such agency shall not be considered:	4341

(1) Purchases made through competitive selection or with	4342
controlling board approval;	4343

(2) Purchases listed in division (D) of this section;

4344

(3) For the purposes of the thresholds of divisions (B)(1)	4345
and (E) of this section only, leases of real estate.	4346

(G) As used in this section, "competitive selection,"	4347
"purchase," "supplies," and "services" have the same meanings as	4348
in section 125.01 of the Revised Code.	4349

Sec. 131.44. (A) As used in this section:

4350

(1) "Surplus revenue" means the excess, if any, of the total	4351
fund balance over the required year-end balance.	4352

(2) "Total fund balance" means the sum of the unencumbered	4353
balance in the general revenue fund on the last day of the	4354
preceding fiscal year plus the balance in the budget stabilization	4355
fund.	4356

(3) "Required year-end balance" means the sum of the	4357
following:	4358

(a) Five per cent of the general revenue fund revenues for	4359
the preceding fiscal year;	4360

(b) "Ending fund balance," which means one-half of one per	4361
cent of general revenue fund revenues for the preceding fiscal	4362
year;	4363

(c) "Carryover balance," which means, with respect to a	4364
fiscal biennium, the excess, if any, of the estimated general	4365
revenue fund appropriation and transfer requirement for the second	4366
fiscal year of the biennium over the estimated general revenue	4367
fund revenue for that fiscal year;	4368

(d) "Capital appropriation reserve," which means the amount,	4369
if any, of general revenue fund capital appropriations made for	4370
the current biennium that the director of budget and management	4371
has determined will be encumbered or disbursed;	4372

(e) "Income tax reduction impact reserve," which means an	4373
amount equal to the reduction projected by the director of budget	4374
and management in income tax revenue in the current fiscal year	4375
attributable to the previous reduction in the income tax rate made	4376
by the tax commissioner pursuant to division (B) of section	4377
5747.02 of the Revised Code.	4378

(4) "Estimated general revenue fund appropriation and	4379
transfer requirement" means the most recent adjusted	4380
appropriations made by the general assembly from the general	4381
revenue fund and includes both of the following:	4382

(a) Appropriations made and transfers of appropriations from	4383
the first fiscal year to the second fiscal year of the biennium in	4384
provisions of acts of the general assembly signed by the governor	4385
but not yet effective;	4386

(b) Transfers of appropriation from the first fiscal year to	4387
the second fiscal year of the biennium approved by the controlling	4388
board.	4389

(5) "Estimated general revenue fund revenue" means the most	4390
recent such estimate available to the director of budget and	4391
management.	4392

(B)(1) Not later than the thirty-first day of July each year,	4393
the director of budget and management shall determine the surplus	4394
revenue that existed on the preceding thirtieth day of June and	4395
transfer from the general revenue fund, to the extent of the	4396
unobligated, unencumbered balance on the preceding thirtieth day	4397
of June in excess of one-half of one per cent of the general	4398
revenue fund revenues in the preceding fiscal year, the following:	4399

(a) First, to the budget stabilization fund, any amount	4400
necessary for the balance of the budget stabilization fund to	4401
equal five per cent of the general revenue fund revenues of the	4402
preceding fiscal year;	4403

(b) Then, to the income tax reduction fund, which is hereby	4404
created in the state treasury, an amount equal to the surplus	4405
revenue.	4406

(2) Not later than the thirty-first day of July each year,	4407
the director shall determine the percentage that the balance in	4408
the income tax reduction fund is of the amount of revenue that the	4409
director estimates will be received from the tax levied under	4410
section 5747.02 of the Revised Code in the current fiscal year	4411
without regard to any reduction under division (B) of that	4412
section. If that percentage exceeds thirty-five one hundredths of	4413
one per cent, the director shall certify the percentage to the tax	4414
commissioner not later than the thirty-first day of July.	4415

(C) The director of budget and management shall transfer	4416
money in the income tax reduction fund to the general revenue	4417
fund, the local government fund, and the library and local	4418
government support fund~~, and the local government revenue~~	4419
~~assistance fund~~ as necessary to offset revenue reductions	4420
resulting from the reductions in taxes required under division (B)	4421
of section 5747.02 of the Revised Code in the respective amounts	4422
and percentages prescribed by ~~divisions~~division (A)~~(1), (2), and~~	4423
~~(4)~~ of section 5747.03 and divisions (A) and (B) of section 131.51	4424
of the Revised Code as if the amount transferred had been	4425
collected as taxes under Chapter 5747. of the Revised Code. If no	4426
reductions in taxes are made under that division that affect	4427
revenue received in the current fiscal year, the director shall	4428
not transfer money from the income tax reduction fund to the	4429
general revenue fund, the local government fund, and the library	4430
and local government support fund~~, and the local government~~	4431
~~revenue assistance fund~~.	4432

Sec. 131.51. (A) Beginning January 2008, on or before the	4433
fifth day of each month, the director of budget and management	4434
shall credit to the local government fund three and sixty-eight	4435
one hundredths per cent of total tax revenue credited to the	4436
general revenue fund during the preceding month. In determining	4437
the total tax revenue credited to the general revenue fund during	4438
the preceding month, the director shall include amounts	4439
transferred from that fund during the preceding month pursuant to	4440
divisions (A) and (B) of this section. Money shall be distributed	4441
from the local government fund as required under section 5747.50	4442
of the Revised Code during the same month in which it is credited	4443
to the fund.	4444

(B) Beginning January 2008, on or before the fifth day of	4445
each month, the director of budget and management shall credit to	4446
the library and local government support fund, two and twenty-two	4447
one hundredths per cent of the total tax revenue credited to the	4448
general revenue fund during the preceding month. In determining	4449
the total tax revenue credited to the general revenue fund during	4450
the preceding month, the director shall include amounts	4451
transferred from that fund during the preceding month pursuant to	4452
divisions (A) and (B) of this section. Money shall be distributed	4453
from the library and local government support fund as required	4454
under section 5747.47 of the Revised Code during the same month in	4455
which it is credited to the fund.	4456

(C) The director of budget and management shall develop a	4457
schedule identifying the specific tax revenue sources to be used	4458
to make the monthly transfers required under divisions (A) and (B)	4459
of this section. The director may, from time to time, revise the	4460
schedule as the director considers necessary.	4461

Sec. 133.01. As used in this chapter, in sections 9.95,	4462
9.96, and 2151.655 of the Revised Code, in other sections of the	4463
Revised Code that make reference to this chapter unless the	4464
context does not permit, and in related proceedings, unless	4465
otherwise expressly provided:	4466

(A) "Acquisition" as applied to real or personal property	4467
includes, among other forms of acquisition, acquisition by	4468
exercise of a purchase option, and acquisition of interests in	4469
property, including, without limitation, easements and	4470
rights-of-way, and leasehold and other lease interests initially	4471
extending or extendable for a period of at least sixty months.	4472

(B) "Anticipatory securities" means securities, including	4473
notes, issued in anticipation of the issuance of other securities.	4474

(C) "Board of elections" means the county board of elections	4475
of the county in which the subdivision is located. If the	4476
subdivision is located in more than one county, "board of	4477
elections" means the county board of elections of the county that	4478
contains the largest portion of the population of the subdivision	4479
or that otherwise has jurisdiction in practice over and	4480
customarily handles election matters relating to the subdivision.	4481

(D) "Bond retirement fund" means the bond retirement fund	4482
provided for in section 5705.09 of the Revised Code, and also	4483
means a sinking fund or any other special fund, regardless of the	4484
name applied to it, established by or pursuant to law or the	4485
proceedings for the payment of debt charges. Provision may be made	4486
in the applicable proceedings for the establishment in a bond	4487
retirement fund of separate accounts relating to debt charges on	4488
particular securities, or on securities payable from the same or	4489
common sources, and for the application of moneys in those	4490
accounts only to specified debt charges on specified securities or	4491
categories of securities. Subject to law and any provisions in the	4492
applicable proceedings, moneys in a bond retirement fund or	4493
separate account in a bond retirement fund may be transferred to	4494
other funds and accounts.	4495

(E) "Capitalized interest" means all or a portion of the	4496
interest payable on securities from their date to a date stated or	4497
provided for in the applicable legislation, which interest is to	4498
be paid from the proceeds of the securities.	4499

(F) "Chapter 133. securities" means securities authorized by	4500
or issued pursuant to or in accordance with this chapter.	4501

(G) "County auditor" means the county auditor of the county	4502
in which the subdivision is located. If the subdivision is located	4503
in more than one county, "county auditor" means the county auditor	4504
of the county that contains the highest amount of the tax	4505
valuation of the subdivision or that otherwise has jurisdiction in	4506
practice over and customarily handles property tax matters	4507
relating to the subdivision. In the case of a county that has	4508
adopted a charter, "county auditor" means the officer who	4509
generally has the duties and functions provided in the Revised	4510
Code for a county auditor.	4511

(H) "Credit enhancement facilities" means letters of credit,	4512
lines of credit, stand-by, contingent, or firm securities purchase	4513
agreements, insurance, or surety arrangements, guarantees, and	4514
other arrangements that provide for direct or contingent payment	4515
of debt charges, for security or additional security in the event	4516
of nonpayment or default in respect of securities, or for making	4517
payment of debt charges to and at the option and on demand of	4518
securities holders or at the option of the issuer or upon certain	4519
conditions occurring under put or similar arrangements, or for	4520
otherwise supporting the credit or liquidity of the securities,	4521
and includes credit, reimbursement, marketing, remarketing,	4522
indexing, carrying, interest rate hedge, and subrogation	4523
agreements, and other agreements and arrangements for payment and	4524
reimbursement of the person providing the credit enhancement	4525
facility and the security for that payment and reimbursement.	4526

(I) "Current operating expenses" or "current expenses" means	4527
the lawful expenditures of a subdivision, except those for	4528
permanent improvements and for payments of debt charges of the	4529
subdivision.	4530

(J) "Debt charges" means the principal, including any	4531
mandatory sinking fund deposits and mandatory redemption payments,	4532
interest, and any redemption premium, payable on securities as	4533
those payments come due and are payable. The use of "debt charges"	4534
for this purpose does not imply that any particular securities	4535
constitute debt within the meaning of the Ohio Constitution or	4536
other laws.	4537

(K) "Financing costs" means all costs and expenses relating	4538
to the authorization, including any required election, issuance,	4539
sale, delivery, authentication, deposit, custody, clearing,	4540
registration, transfer, exchange, fractionalization, replacement,	4541
payment, and servicing of securities, including, without	4542
limitation, costs and expenses for or relating to publication and	4543
printing, postage, delivery, preliminary and final official	4544
statements, offering circulars, and informational statements,	4545
travel and transportation, underwriters, placement agents,	4546
investment bankers, paying agents, registrars, authenticating	4547
agents, remarketing agents, custodians, clearing agencies or	4548
corporations, securities depositories, financial advisory	4549
services, certifications, audits, federal or state regulatory	4550
agencies, accounting and computation services, legal services and	4551
obtaining approving legal opinions and other legal opinions,	4552
credit ratings, redemption premiums, and credit enhancement	4553
facilities. Financing costs may be paid from any moneys available	4554
for the purpose, including, unless otherwise provided in the	4555
proceedings, from the proceeds of the securities to which they	4556
relate and, as to future financing costs, from the same sources	4557
from which debt charges on the securities are paid and as though	4558
debt charges.	4559

(L) "Fiscal officer" means the following, or, in the case of	4560
absence or vacancy in the office, a deputy or assistant authorized	4561
by law or charter to act in the place of the named officer, or if	4562
there is no such authorization then the deputy or assistant	4563
authorized by legislation to act in the place of the named officer	4564
for purposes of this chapter, in the case of the following	4565
subdivisions:	4566

(1) A county, the county auditor;

4567

(2) A municipal corporation, the city auditor or village	4568
clerk or clerk-treasurer, or the officer who, by virtue of a	4569
charter, has the duties and functions provided in the Revised Code	4570
for the city auditor or village clerk or clerk-treasurer;	4571

(3) A school district, the treasurer of the board of	4572
education;	4573

(4) A regional water and sewer district, the secretary of the	4574
board of trustees;	4575

(5) A joint township hospital district, the treasurer of the	4576
district;	4577

(6) A joint ambulance district, the clerk of the board of	4578
trustees;	4579

(7) A joint recreation district, the person designated	4580
pursuant to section 755.15 of the Revised Code;	4581

(8) A detention facility district or a district organized	4582
under section 2151.65 of the Revised Code or a combined district	4583
organized under sections 2152.41 and 2151.65 of the Revised Code,	4584
the county auditor of the county designated by law to act as the	4585
auditor of the district;	4586

(9) A township, a fire district organized under division (C)	4587
of section 505.37 of the Revised Code, or a township police	4588
district, the fiscal officer of the township;	4589

(10) A joint fire district, the clerk of the board of	4590
trustees of that district;	4591

(11) A regional or county library district, the person	4592
responsible for the financial affairs of that district;	4593

(12) A joint solid waste management district, the fiscal	4594
officer appointed by the board of directors of the district under	4595
section 343.01 of the Revised Code;	4596

(13) A joint emergency medical services district, the person	4597
appointed as fiscal officer pursuant to division (D) of section	4598
307.053 of the Revised Code;	4599

(14) A fire and ambulance district, the person appointed as	4600
fiscal officer under division (B) of section 505.375 of the	4601
Revised Code;	4602

(15) A subdivision described in division (MM)(17) of this	4603
section, the officer who is designated by law as or performs the	4604
functions of its chief fiscal officer.	4605

(M) "Fiscal year" has the same meaning as in section 9.34 of	4606
the Revised Code.	4607

(N) "Fractionalized interests in public obligations" means	4608
participations, certificates of participation, shares, or other	4609
instruments or agreements, separate from the public obligations	4610
themselves, evidencing ownership of interests in public	4611
obligations or of rights to receive payments of, or on account of,	4612
principal or interest or their equivalents payable by or on behalf	4613
of an obligor pursuant to public obligations.	4614

(O) "Fully registered securities" means securities in	4615
certificated or uncertificated form, registered as to both	4616
principal and interest in the name of the owner.	4617

(P) "Fund" means to provide for the payment of debt charges	4618
and expenses related to that payment at or prior to retirement by	4619
purchase, call for redemption, payment at maturity, or otherwise.	4620

(Q) "General obligation" means securities to the payment of	4621
debt charges on which the full faith and credit and the general	4622
property taxing power, including taxes within the tax limitation	4623
if available to the subdivision, of the subdivision are pledged.	4624

(R) "Interest" or "interest equivalent" means those payments	4625
or portions of payments, however denominated, that constitute or	4626
represent consideration for forbearing the collection of money, or	4627
for deferring the receipt of payment of money to a future time.	4628

(S) "Internal Revenue Code" means the "Internal Revenue Code	4629
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	4630
includes any laws of the United States providing for application	4631
of that code.	4632

(T) "Issuer" means any public issuer and any nonprofit	4633
corporation authorized to issue securities for or on behalf of any	4634
public issuer.	4635

(U) "Legislation" means an ordinance or resolution passed by	4636
a majority affirmative vote of the then members of the taxing	4637
authority unless a different vote is required by charter	4638
provisions governing the passage of the particular legislation by	4639
the taxing authority.	4640

(V) "Mandatory sinking fund redemption requirements" means	4641
amounts required by proceedings to be deposited in a bond	4642
retirement fund for the purpose of paying in any year or fiscal	4643
year by mandatory redemption prior to stated maturity the	4644
principal of securities that is due and payable, except for	4645
mandatory prior redemption requirements as provided in those	4646
proceedings, in a subsequent year or fiscal year.	4647

(W) "Mandatory sinking fund requirements" means amounts	4648
required by proceedings to be deposited in a year or fiscal year	4649
in a bond retirement fund for the purpose of paying the principal	4650
of securities that is due and payable in a subsequent year or	4651
fiscal year.	4652

(X) "Net indebtedness" has the same meaning as in division	4653
(A) of section 133.04 of the Revised Code.	4654

(Y) "Obligor," in the case of securities or fractionalized	4655
interests in public obligations issued by another person the debt	4656
charges or their equivalents on which are payable from payments	4657
made by a public issuer, means that public issuer.	4658

(Z) "One purpose" relating to permanent improvements means	4659
any one permanent improvement or group or category of permanent	4660
improvements for the same utility, enterprise, system, or project,	4661
development or redevelopment project, or for or devoted to the	4662
same general purpose, function, or use or for which	4663
self-supporting securities, based on the same or different sources	4664
of revenues, may be issued or for which special assessments may be	4665
levied by a single ordinance or resolution. "One purpose"	4666
includes, but is not limited to, in any case any off-street	4667
parking facilities relating to another permanent improvement, and:	4668

(1) Any number of roads, highways, streets, bridges,	4669
sidewalks, and viaducts;	4670

(2) Any number of off-street parking facilities;

4671

(3) In the case of a county, any number of permanent	4672
improvements for courthouse, jail, county offices, and other	4673
county buildings, and related facilities;	4674

(4) In the case of a school district, any number of	4675
facilities and buildings for school district purposes, and related	4676
facilities.	4677

(AA) "Outstanding," referring to securities, means securities	4678
that have been issued, delivered, and paid for, except any of the	4679
following:	4680

(1) Securities canceled upon surrender, exchange, or	4681
transfer, or upon payment or redemption;	4682

(2) Securities in replacement of which or in exchange for	4683
which other securities have been issued;	4684

(3) Securities for the payment, or redemption or purchase for	4685
cancellation prior to maturity, of which sufficient moneys or	4686
investments, in accordance with the applicable legislation or	4687
other proceedings or any applicable law, by mandatory sinking fund	4688
redemption requirements, mandatory sinking fund requirements, or	4689
otherwise, have been deposited, and credited for the purpose in a	4690
bond retirement fund or with a trustee or paying or escrow agent,	4691
whether at or prior to their maturity or redemption, and, in the	4692
case of securities to be redeemed prior to their stated maturity,	4693
notice of redemption has been given or satisfactory arrangements	4694
have been made for giving notice of that redemption, or waiver of	4695
that notice by or on behalf of the affected security holders has	4696
been filed with the subdivision or its agent for the purpose.	4697

(BB) "Paying agent" means the one or more banks, trust	4698
companies, or other financial institutions or qualified persons,	4699
including an appropriate office or officer of the subdivision,	4700
designated as a paying agent or place of payment of debt charges	4701
on the particular securities.	4702

(CC) "Permanent improvement" or "improvement" means any	4703
property, asset, or improvement certified by the fiscal officer,	4704
which certification is conclusive, as having an estimated life or	4705
period of usefulness of five years or more, and includes, but is	4706
not limited to, real estate, buildings, and personal property and	4707
interests in real estate, buildings, and personal property,	4708
equipment, furnishings, and site improvements, and reconstruction,	4709
rehabilitation, renovation, installation, improvement,	4710
enlargement, and extension of property, assets, or improvements so	4711
certified as having an estimated life or period of usefulness of	4712
five years or more. The acquisition of all the stock ownership of	4713
a corporation is the acquisition of a permanent improvement to the	4714
extent that the value of that stock is represented by permanent	4715
improvements. A permanent improvement for parking, highway, road,	4716
and street purposes includes resurfacing, but does not include	4717
ordinary repair.	4718

(DD) "Person" has the same meaning as in section 1.59 of the	4719
Revised Code and also includes any federal, state, interstate,	4720
regional, or local governmental agency, any subdivision, and any	4721
combination of those persons.	4722

(EE) "Proceedings" means the legislation, certifications,	4723
notices, orders, sale proceedings, trust agreement or indenture,	4724
mortgage, lease, lease-purchase agreement, assignment, credit	4725
enhancement facility agreements, and other agreements,	4726
instruments, and documents, as amended and supplemented, and any	4727
election proceedings, authorizing, or providing for the terms and	4728
conditions applicable to, or providing for the security or sale or	4729
award of, public obligations, and includes the provisions set	4730
forth or incorporated in those public obligations and proceedings.	4731

(FF) "Public issuer" means any of the following that is	4732
authorized by law to issue securities or enter into public	4733
obligations:	4734

(1) The state, including an agency, commission, officer,	4735
institution, board, authority, or other instrumentality of the	4736
state;	4737

(2) A taxing authority, subdivision, district, or other local	4738
public or governmental entity, and any combination or consortium,	4739
or public division, district, commission, authority, department,	4740
board, officer, or institution, thereof;	4741

(3) Any other body corporate and politic, or other public	4742
entity.	4743

(GG) "Public obligations" means both of the following:

4744

(1) Securities;

4745

(2) Obligations of a public issuer to make payments under	4746
installment sale, lease, lease purchase, or similar agreements,	4747
which obligations bear interest or interest equivalent.	4748

(HH) "Refund" means to fund and retire outstanding	4749
securities, including advance refunding with or without payment or	4750
redemption prior to maturity.	4751

(II) "Register" means the books kept and maintained by the	4752
registrar for registration, exchange, and transfer of registered	4753
securities.	4754

(JJ) "Registrar" means the person responsible for keeping the	4755
register for the particular registered securities, designated by	4756
or pursuant to the proceedings.	4757

(KK) "Securities" means bonds, notes, certificates of	4758
indebtedness, commercial paper, and other instruments in writing,	4759
including, unless the context does not admit, anticipatory	4760
securities, issued by an issuer to evidence its obligation to	4761
repay money borrowed, or to pay interest, by, or to pay at any	4762
future time other money obligations of, the issuer of the	4763
securities, but not including public obligations described in	4764
division (GG)(2) of this section.	4765

(LL) "Self-supporting securities" means securities or	4766
portions of securities issued for the purpose of paying costs of	4767
permanent improvements to the extent that receipts of the	4768
subdivision, other than the proceeds of taxes levied by that	4769
subdivision, derived from or with respect to the improvements or	4770
the operation of the improvements being financed, or the	4771
enterprise, system, project, or category of improvements of which	4772
the improvements being financed are part, are estimated by the	4773
fiscal officer to be sufficient to pay the current expenses of	4774
that operation or of those improvements or enterprise, system,	4775
project, or categories of improvements and the debt charges	4776
payable from those receipts on securities issued for the purpose.	4777
Until such time as the improvements or increases in rates and	4778
charges have been in operation or effect for a period of at least	4779
six months, the receipts therefrom, for purposes of this	4780
definition, shall be those estimated by the fiscal officer, except	4781
that those receipts may include, without limitation, payments made	4782
and to be made to the subdivision under leases or agreements in	4783
effect at the time the estimate is made. In the case of an	4784
operation, improvements, or enterprise, system, project, or	4785
category of improvements without at least a six-month history of	4786
receipts, the estimate of receipts by the fiscal officer, other	4787
than those to be derived under leases and agreements then in	4788
effect, shall be confirmed by the taxing authority.	4789

(MM) "Subdivision" means any of the following:

4790

(1) A county, including a county that has adopted a charter	4791
under Article X, Ohio Constitution;	4792

(2) A municipal corporation, including a municipal	4793
corporation that has adopted a charter under Article XVIII, Ohio	4794
Constitution;	4795

(3) A school district;

4796

(4) A regional water and sewer district organized under	4797
Chapter 6119. of the Revised Code;	4798

(5) A joint township hospital district organized under	4799
section 513.07 of the Revised Code;	4800

(6) A joint ambulance district organized under section 505.71	4801
of the Revised Code;	4802

(7) A joint recreation district organized under division (C)	4803
of section 755.14 of the Revised Code;	4804

(8) A detention facility district organized under section	4805
2152.41, a district organized under section 2151.65, or a combined	4806
district organized under sections 2152.41 and 2151.65 of the	4807
Revised Code;	4808

(9) A township police district organized under section 505.48	4809
of the Revised Code;	4810

(10) A township;

4811

(11) A joint fire district organized under section 505.371 of	4812
the Revised Code;	4813

(12) A county library district created under section 3375.19	4814
or a regional library district created under section 3375.28 of	4815
the Revised Code;	4816

(13) A joint solid waste management district organized under	4817
section 343.01 or 343.012 of the Revised Code;	4818

(14) A joint emergency medical services district organized	4819
under section 307.052 of the Revised Code;	4820

(15) A fire and ambulance district organized under section	4821
505.375 of the Revised Code;	4822

(16) A fire district organized under division (C) of section	4823
505.37 of the Revised Code;	4824

(17) Any other political subdivision or taxing district or	4825
other local public body or agency authorized by this chapter or	4826
other laws to issue Chapter 133. securities.	4827

(NN) "Taxing authority" means in the case of the following	4828
subdivisions:	4829

(1) A county, a county library district, or a regional	4830
library district, the board or boards of county commissioners, or	4831
other legislative authority of a county that has adopted a charter	4832
under Article X, Ohio Constitution, but with respect to such a	4833
library district acting solely as agent for the board of trustees	4834
of that district;	4835

(2) A municipal corporation, the legislative authority;

4836

(3) A school district, the board of education;

4837

(4) A regional water and sewer district, a joint ambulance	4838
district, a joint recreation district, a fire and ambulance	4839
district, or a joint fire district, the board of trustees of the	4840
district;	4841

(5) A joint township hospital district, the joint township	4842
hospital board;	4843

(6) A detention facility district or a district organized	4844
under section 2151.65 of the Revised Code, a combined district	4845
organized under sections 2152.41 and 2151.65 of the Revised Code,	4846
or a joint emergency medical services district, the joint board of	4847
county commissioners;	4848

(7) A township, a fire district organized under division (C)	4849
of section 505.37 of the Revised Code, or a township police	4850
district, the board of township trustees;	4851

(8) A joint solid waste management district organized under	4852
section 343.01 or 343.012 of the Revised Code, the board of	4853
directors of the district;	4854

(9) A subdivision described in division (MM)(17) of this	4855
section, the legislative or governing body or official.	4856

(OO) "Tax limitation" means the "ten-mill limitation" as	4857
defined in section 5705.02 of the Revised Code without diminution	4858
by reason of section 5705.313 of the Revised Code or otherwise,	4859
or, in the case of a municipal corporation or county with a	4860
different charter limitation on property taxes levied to pay debt	4861
charges on unvoted securities, that charter limitation. Those	4862
limitations shall be respectively referred to as the "ten-mill	4863
limitation" and the "charter tax limitation."	4864

(PP) "Tax valuation" means the aggregate of the valuations of	4865
property subject to ad valorem property taxation by the	4866
subdivision on the real property, personal property, and public	4867
utility property tax lists and duplicates most recently certified	4868
for collection, and shall be calculated without deductions of the	4869
valuations of otherwise taxable property exempt in whole or in	4870
part from taxation by reason of exemptions of certain amounts of	4871
taxable value under division (C) of section 5709.01 or, tax	4872
reductions under section 323.152 of the Revised Code, or similar	4873
laws now or in the future in effect.	4874

For purposes of section 133.06 of the Revised Code, "tax	4875
valuation" shall not include the valuation of tangible personal	4876
property used in business, telephone or telegraph property,	4877
interexchange telecommunications company property, or personal	4878
property owned or leased by a railroad company and used in	4879
railroad operations listed under or described in section 5711.22,	4880
division (B) or (F) of section 5727.111, or section 5727.12 of the	4881
Revised Code.	4882

(QQ) "Year" means the calendar year.

4883

(RR) "Administrative agent," "agent," "commercial paper,"	4884
"floating rate interest structure," "indexing agent," "interest	4885
rate hedge," "interest rate period," "put arrangement," and	4886
"remarketing agent" have the same meanings as in section 9.98 of	4887
the Revised Code.	4888

(SS) "Sales tax supported" means obligations to the payment	4889
of debt charges on which an additional sales tax or additional	4890
sales taxes have been pledged by the taxing authority of a county	4891
pursuant to section 133.081 of the Revised Code.	4892

Sec. 149.311. (A) As used in this section:

4893

(1) "Historic building" means a building, including its	4894
structural components, that is located in this state and that is	4895
either individually listed on the national register of historic	4896
places under 16 U.S.C. 470a, located in a registered historic	4897
district, and certified by the state historic preservation officer	4898
as being of historic significance to the district, or is	4899
individually listed as a historic landmark designated by a local	4900
government certified under 16 U.S.C. 470a(c).	4901

(2) "Qualified rehabilitation expenditures" means	4902
expenditures paid or incurred during the rehabilitation period,	4903
and before and after that period as determined under 26 U.S.C. 47,	4904
by an owner of a historic building to rehabilitate the building.	4905
"Qualified rehabilitation expenditures" includes architectural or	4906
engineering fees paid or incurred in connection with the	4907
rehabilitation, and expenses incurred in the preparation of	4908
nomination forms for listing on the national register of historic	4909
places. "Qualified rehabilitation expenditures" does not include	4910
any of the following:	4911

(a) The cost of acquiring, expanding, or enlarging a historic	4912
building;	4913

(b) Expenditures attributable to work done to facilities	4914
related to the building, such as parking lots, sidewalks, and	4915
landscaping;	4916

4917

(3) "Owner" of a historic building means a person holding the	4918
fee simple interest in the building.	4919

(4) "Certificate owner" means the owner of a historic	4920
building to which a rehabilitation tax credit certificate was	4921
issued under this section.	4922

(5) "Registered historic district" means a historic district	4923
listed in the national register of historic places under 16 U.S.C.	4924
470a, a historic district designated by a local government	4925
certified under 16 U.S.C. 470a(c), or a local historic district	4926
certified under 36 C.F.R. 67.8 and 67.9.	4927

(6) "Rehabilitation" means the process of repairing or	4928
altering a historic building or buildings, making possible an	4929
efficient use while preserving those portions and features of the	4930
building and its site and environment that are significant to its	4931
historic, architectural, and cultural values.	4932

(7) "Rehabilitation period" means one of the following:

4933

(a) If the rehabilitation initially was not planned to be	4934
completed in stages, a period chosen by the owner not to exceed	4935
twenty-four months during which rehabilitation occurs;	4936

(b) If the rehabilitation initially was planned to be	4937
completed in stages, a period chosen by the owner not to exceed	4938
sixty months during which rehabilitation occurs.	4939

(8) "State historic preservation officer" or "officer" means	4940
the state historic preservation officer appointed by the governor	4941
under 16 U.S.C. 470a.	4942

(9) "Application period" means either of the following time	4943
periods during which an application for a rehabilitation tax	4944
credit certificate may be filed under this section:	4945

(a) July 1, 2007, through June 30, 2008;

4946

(b) July 1, 2008, through June 30, 2009.

4947

(B) On or after July 1, 2007, but before July 1, 2009, the	4948
owner of a historic building may apply to the state historic	4949
preservation officer for a rehabilitation tax credit certificate	4950
for qualified rehabilitation expenditures paid or incurred after	4951
~~the effective date of this section~~April 4, 2007, for	4952
rehabilitation of a historic building. The form and manner of	4953
filing such applications shall be prescribed by rule of the	4954
director of development, and applications expire at the end of	4955
each application period. Before July 1, 2007, the director, after	4956
consultation with the tax commissioner and in accordance with	4957
Chapter 119. of the Revised Code, shall adopt rules that establish	4958
all of the following:	4959

(1) Forms and procedures by which applicants may apply for	4960
rehabilitation tax credit certificates;	4961

(2) Criteria for reviewing, evaluating, and approving	4962
applications for certificates within the limitation on the number	4963
of applications that may be approved in an application period	4964
under division (D) of this section, criteria for assuring that the	4965
certificates issued encompass a mixture of high and low qualified	4966
rehabilitation expenditures, and criteria for issuing certificates	4967
under division (C)(3)(b) of this section;	4968

(3) Eligibility requirements for obtaining a certificate	4969
under this section;	4970

(4) The form of rehabilitation tax credit certificates;

4971

(5) Reporting requirements and monitoring procedures;

4972

(6) Any other rules necessary to implement and administer	4973
this section.	4974

(C) The state historic preservation officer shall accept	4975
applications in the order in which they are filed. Within seven	4976
days after an application is filed, the officer shall forward it	4977
to the director of development who shall review the application	4978
and determine whether all of the following criteria are met:	4979

(1) That the building that is the subject of the application	4980
is a historic building and the applicant is the owner of the	4981
building;	4982

(2) That the rehabilitation will satisfy standards prescribed	4983
by the United States secretary of the interior under 16 U.S.C.	4984
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	4985
that section;	4986

(3) That receiving a rehabilitation tax credit certificate	4987
under this section is a major factor in:	4988

(a) The applicant's decision to rehabilitate the historic	4989
building; or	4990

(b) To increase the level of investment in such	4991
rehabilitation.	4992

An applicant shall demonstrate to the satisfaction of the	4993
state historic preservation officer and director of development	4994
that the rehabilitation will satisfy the standards described in	4995
division (C)(2) of this section before the applicant begins the	4996
physical rehabilitation of the historic building.	4997

(D) If the director of development determines that the	4998
criteria in divisions (C)(1), (2), and (3) of this section are	4999
met, the director, in conjunction with the tax commissioner, shall	5000
conduct a cost and benefit analysis for the historic building that	5001
is the subject of an application filed under this section to	5002
determine whether rehabilitation of the historic building will	5003
result in a net revenue gain in state and local taxes once the	5004
building is used. When conducting the analysis, the director and	5005
the commissioner also shall consider the economic impact of the	5006
construction phase of rehabilitating the historic building. The	5007
director shall not approve an application and issue a	5008
rehabilitation tax credit certificate to an applicant unless the	5009
cost and benefit analysis of the historic building determines that	5010
there will be a net revenue gain in state and local taxes once the	5011
building is used. A rehabilitation tax credit certificate shall	5012
not be issued before rehabilitation of a historic building is	5013
completed. The director shall not approve more than one hundred	5014
applications in an application period.	5015

(E) Issuance of a certificate represents a finding by the	5016
director of development of the matters described in divisions	5017
(C)(1), (2), and (3) of this section only; issuance of a	5018
certificate does not represent a verification or certification by	5019
the director of the amount of qualified rehabilitation	5020
expenditures for which a tax credit may be claimed under section	5021
5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of	5022
qualified rehabilitation expenditures for which a tax credit may	5023
be claimed is subject to inspection and examination by the tax	5024
commissioner or employees of the commissioner under section	5025
5703.19 of the Revised Code and any other applicable law. Upon the	5026
issuance of a certificate, the director shall certify to the tax	5027
commissioner, in the form and manner requested by the tax	5028
commissioner, the name of the applicant, the amount of qualified	5029
rehabilitation expenditures shown on the certificate, and any	5030
other information required by the rules adopted under this	5031
section.	5032

(F)(1) On or before the first day of December in 2007, 2008,	5033
and 2009, the director of development and tax commissioner jointly	5034
shall submit to the president of the senate and the speaker of the	5035
house of representatives a report on the tax credit program	5036
established under this section and sections 5725.151, 5733.47, and	5037
5747.76 of the Revised Code. The report shall present an overview	5038
of the program and shall include information on the number of	5039
rehabilitation tax credit certificates issued under this section	5040
during an application period, an update on the status of each	5041
historic building for which an application was approved under this	5042
section, the dollar amount of the tax credits granted under	5043
sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and	5044
any other information the director and commissioner consider	5045
relevant to the topics addressed in the report.	5046

(2) On or before December 1, 2010, the director of	5047
development and tax commissioner jointly shall submit to the	5048
president of the senate and the speaker of the house of	5049
representatives a comprehensive report that includes the	5050
information required by division (F)(1) of this section and a	5051
detailed analysis of the effectiveness of issuing tax credits for	5052
rehabilitating historic buildings. The report shall be prepared	5053
with the assistance of an economic research organization jointly	5054
chosen by the director and commissioner.	5055

Sec. 151.08. This section applies to obligations as defined	5056
in this section.	5057

(A) As used in this section:

5058

(1) "Capital facilities" or "capital improvement projects"	5059
means the acquisition, construction, reconstruction, improvement,	5060
planning, and equipping of roads and bridges, waste water	5061
treatment systems, water supply systems, solid waste disposal	5062
facilities, flood control systems, and storm water and sanitary	5063
collection, storage, and treatment facilities, including real	5064
property, interests in real property, facilities, and equipment	5065
related or incidental to those facilities.	5066

(2) "Costs of capital facilities" include related direct	5067
administrative expenses and allocable portions of direct costs of	5068
the Ohio public works commission and the local subdivision.	5069

(3) "Local subdivision" means any county, municipal	5070
corporation, township, sanitary district, or regional water and	5071
sewer district.	5072

(4) "Obligations" means obligations as defined in section	5073
151.01 of the Revised Code issued to pay costs of capital	5074
facilities.	5075

(B)(1) The issuing authority shall issue obligations to pay	5076
costs of financing or assisting in the financing of the capital	5077
improvement projects of local subdivisions pursuant to Section 2m	5078
of Article VIII, Ohio Constitution, section 151.01 of the Revised	5079
Code, and this section. Not more than one hundred twenty million	5080
dollars principal amount of obligations, plus the principal amount	5081
of obligations that in any prior fiscal years could have been, but	5082
were not, issued within that one-hundred-twenty-million dollar	5083
fiscal year limit, may be issued in any fiscal year. Not more than	5084
one billion two hundred million dollars principal amount of	5085
obligations pursuant to Section 2m of Article VIII, Ohio	5086
Constitution may be issued for the purposes of this section and	5087
division (B)(2) of section 164.09 of the Revised Code.	5088

(2) The issuing authority shall issue obligations to pay	5089
costs of financing or assisting in the financing of the capital	5090
improvement projects of local subdivisions pursuant to Section 2p	5091
of Article VIII, Ohio Constitution, section 151.01 of the Revised	5092
Code, and this section. Not more than one hundred twenty million	5093
dollars in principal amount of such obligations may be issued in	5094
any of the first five fiscal years of issuance and not more than	5095
one hundred fifty million dollars in principal amount of such	5096
obligations may be issued in any of the next five fiscal years,	5097
plus in each case the principal amount of such obligations that in	5098
any prior fiscal year could have been but were not issued within	5099
those fiscal year limits. No obligations shall be issued for the	5100
purposes of this section pursuant to Section 2p of Article VIII,	5101
Ohio Constitution, until at least one billion one hundred	5102
ninety-nine million five hundred thousand dollars aggregate	5103
principal amount of obligations have been issued pursuant to	5104
Section 2m of Article VIII, Ohio Constitution. Not more than one	5105
billion three hundred fifty million dollars principal amount of	5106
obligations may be issued pursuant to Section 2p of Article VIII,	5107
Ohio Constitution for the purposes of this section.	5108

(C) Net proceeds of obligations shall be deposited into the	5109
state capital improvements fund created by section 164.08 of the	5110
Revised Code.	5111

(D) There is hereby created in the state treasury the "state	5112
capital improvements bond service fund." All moneys received by	5113
the state and required by the bond proceedings, consistent with	5114
this section and section 151.01 of the Revised Code, to be	5115
deposited, transferred, or credited to the bond service fund, and	5116
all other moneys transferred or allocated to or received for the	5117
purposes of that fund, shall be deposited and credited to the bond	5118
service fund, subject to any applicable provisions of the bond	5119
proceedings but without necessity for any act of appropriation.	5120
During the period beginning with the date of the first issuance of	5121
obligations and continuing during the time that any obligations	5122
are outstanding in accordance with their terms, so long as moneys	5123
in the bond service fund are insufficient to pay debt service when	5124
due on those obligations payable from that fund (except the	5125
principal amounts of bond anticipation notes payable from the	5126
proceeds of renewal notes or bonds anticipated) and due in the	5127
particular fiscal year, a sufficient amount of revenues of the	5128
state is committed and, without necessity for further act of	5129
appropriation, shall be paid to the bond service fund for the	5130
purpose of paying that debt service when due.	5131

Sec. 151.40. (A) As used in this section:

5132

(1) "Bond proceedings" includes any trust agreements, and any	5133
amendments or supplements to them, as authorized by this section.	5134

(2) "Costs of revitalization projects" includes related	5135
direct administrative expenses and allocable portions of the	5136
direct costs of those projects of the department of development or	5137
the environmental protection agency.	5138

(3) "Issuing authority" means the treasurer of state.

5139

(4) "Obligations" means obligations as defined in section	5140
151.01 of the Revised Code issued to pay the costs of projects for	5141
revitalization purposes as referred to in division (A)(2) of	5142
Section 2o of Article VIII, Ohio Constitution.	5143

(5) "Pledged liquor profits" means all receipts of the state	5144
representing the gross profit on the sale of spirituous liquor, as	5145
referred to in division (B)(4) of section 4301.10 of the Revised	5146
Code, after paying all costs and expenses of the division of	5147
liquor control and providing an adequate working capital reserve	5148
for the division of liquor control as provided in that division,	5149
but excluding the sum required by the second paragraph of section	5150
4301.12 of the Revised Code, as it was in effect on May 2, 1980,	5151
to be paid into the state treasury.	5152

(6) "Pledged receipts" means, as and to the extent provided	5153
in bond proceedings:	5154

(a) Pledged liquor profits. The pledge of pledged liquor	5155
profits to obligations is subject to the priority of the pledge of	5156
those profits to obligations issued and to be issued pursuant to	5157
Chapter 166. of the Revised Code.	5158

(b) Moneys accruing to the state from the lease, sale, or	5159
other disposition or use of revitalization projects or from the	5160
repayment, including any interest, of loans or advances made from	5161
net proceeds;	5162

5163

(d) Income from the investment of the special funds;

5164

(e) Any gifts, grants, donations, or pledges, and receipts	5165
therefrom, available for the payment of debt service;	5166

(f) Additional or any other specific revenues or receipts	5167
lawfully available to be pledged, and pledged, pursuant to further	5168
authorization by the general assembly, to the payment of debt	5169
service.	5170

(B)(1) The issuing authority shall issue obligations of the	5171
state to pay costs of revitalization projects pursuant to division	5172
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	5173
151.01 of the Revised Code as applicable to this section, and this	5174
section. The issuing authority, upon the certification to it by	5175
the clean Ohio council of the amount of moneys needed in and for	5176
the purposes of the clean Ohio revitalization fund created by	5177
section 122.658 of the Revised Code, shall issue obligations in	5178
the amount determined by the issuing authority to be required for	5179
those purposes. Not more than two hundred million dollars	5180
principal amount of obligations issued under this section for	5181
revitalization purposes may be outstanding at any one time. Not	5182
more than fifty million dollars principal amount of obligations,	5183
plus the principal amount of obligations that in any prior fiscal	5184
year could have been, but were not issued within the	5185
fifty-million-dollar fiscal year limit, may be issued in any	5186
fiscal year.	5187

(2) The provisions and authorizations in section 151.01 of	5188
the Revised Code apply to the obligations and the bond proceedings	5189
except as otherwise provided or provided for in those obligations	5190
and bond proceedings.	5191

(C) Net proceeds of obligations shall be deposited in the	5192
clean Ohio revitalization fund created in section 122.658 of the	5193
Revised Code.	5194

(D) There is hereby created the revitalization projects bond	5195
service fund, which shall be in the custody of the treasurer of	5196
state, but shall be separate and apart from and not a part of the	5197
state treasury. All money received by the state and required by	5198
the bond proceedings, consistent with section 151.01 of the	5199
Revised Code and this section, to be deposited, transferred, or	5200
credited to the bond service fund, and all other money transferred	5201
or allocated to or received for the purposes of that fund, shall	5202
be deposited and credited to the bond service fund, subject to any	5203
applicable provisions of the bond proceedings, but without	5204
necessity for any act of appropriation. During the period	5205
beginning with the date of the first issuance of obligations and	5206
continuing during the time that any obligations are outstanding in	5207
accordance with their terms, so long as moneys in the bond service	5208
fund are insufficient to pay debt service when due on those	5209
obligations payable from that fund, except the principal amounts	5210
of bond anticipation notes payable from the proceeds of renewal	5211
notes or bonds anticipated, and due in the particular fiscal year,	5212
a sufficient amount of pledged receipts is committed and, without	5213
necessity for further act of appropriation, shall be paid to the	5214
bond service fund for the purpose of paying that debt service when	5215
due.	5216

(E) The issuing authority may pledge all, or such portion as	5217
the issuing authority determines, of the pledged receipts to the	5218
payment of the debt service charges on obligations issued under	5219
this section, and for the establishment and maintenance of any	5220
reserves, as provided in the bond proceedings, and make other	5221
provisions in the bond proceedings with respect to pledged	5222
receipts as authorized by this section, which provisions are	5223
controlling notwithstanding any other provisions of law pertaining	5224
to them.	5225

(F) The issuing authority may covenant in the bond	5226
proceedings, and such covenants shall be controlling	5227
notwithstanding any other provision of law, that the state and	5228
applicable officers and state agencies, including the general	5229
assembly, so long as any obligations issued under this section are	5230
outstanding, shall maintain statutory authority for and cause to	5231
be charged and collected wholesale or retail prices for spirituous	5232
liquor sold by the state or its agents so that the available	5233
pledged receipts are sufficient in time and amount to meet debt	5234
service payable from pledged liquor profits and for the	5235
establishment and maintenance of any reserves and other	5236
requirements provided for in the bond proceedings.	5237

(G) Obligations may be further secured, as determined by the	5238
issuing authority, by a trust agreement between the state and a	5239
corporate trustee, which may be any trust company or bank having	5240
~~its principal~~a place of business within the state. Any trust	5241
agreement may contain the resolution or order authorizing the	5242
issuance of the obligations, any provisions that may be contained	5243
in any bond proceedings, and other provisions that are customary	5244
or appropriate in an agreement of that type, including, but not	5245
limited to:	5246

(1) Maintenance of each pledge, trust agreement, or other	5247
instrument comprising part of the bond proceedings until the state	5248
has fully paid or provided for the payment of debt service on the	5249
obligations secured by it;	5250

(2) In the event of default in any payments required to be	5251
made by the bond proceedings, enforcement of those payments or	5252
agreements by mandamus, the appointment of a receiver, suit in	5253
equity, action at law, or any combination of them;	5254

(3) The rights and remedies of the holders or owners of	5255
obligations and of the trustee and provisions for protecting and	5256
enforcing them, including limitations on rights of individual	5257
holders and owners.	5258

(H) The obligations shall not be general obligations of the	5259
state and the full faith and credit, revenue, and taxing power of	5260
the state shall not be pledged to the payment of debt service on	5261
them. The holders or owners of the obligations shall have no right	5262
to have any moneys obligated or pledged for the payment of debt	5263
service except as provided in this section and in the applicable	5264
bond proceedings. The rights of the holders and owners to payment	5265
of debt service are limited to all or that portion of the pledged	5266
receipts, and those special funds, pledged to the payment of debt	5267
service pursuant to the bond proceedings in accordance with this	5268
section, and each obligation shall bear on its face a statement to	5269
that effect.	5270

Sec. 156.02. The director of administrative services may	5271
contract with ~~an energy services company, contractor, architect,~~	5272
~~professional engineer, or other person experienced in the design~~	5273
~~and implementation of energy conservation measures~~the office of	5274
energy efficiency in the department of development for a report	5275
containing an analysis and recommendations pertaining to the	5276
implementation of energy conservation measures that would	5277
significantly reduce energy consumption and operating costs in any	5278
buildings owned by the state and, upon request of its board of	5279
trustees or managing authority, any building owned by an	5280
institution of higher education as defined in section 3345.12 of	5281
the Revised Code. The report shall include estimates of all costs	5282
of such measures, including the costs of design, engineering,	5283
installation, maintenance, repairs, and debt service, and	5284
estimates of the amounts by which energy consumption and operating	5285
costs would be reduced.	5286

Sec. 164.03. For the purpose of allocating the funds made	5287
available to finance public infrastructure capital improvement	5288
projects of local subdivisions through the issuance of general	5289
obligations of the state of Ohio pursuant to Section 2k or, 2m, or	5290
2p of Article VIII, Ohio Constitution, the state is divided into	5291
the following districts:	5292

District one. Cuyahoga county shall constitute district one.

5293

District two. Hamilton county shall constitute district two.

5294

District three. Franklin county shall constitute district	5295
three.	5296

District four. Montgomery county shall constitute district	5297
four.	5298

District five. Defiance, Erie, Fulton, Henry, Ottawa,	5299
Paulding, Sandusky, Williams, and Wood counties shall constitute	5300
district five.	5301

District six. Mahoning and Trumbull counties shall constitute	5302
district six.	5303

District seven. Ashtabula, Geauga, Lake, and Portage counties	5304
shall constitute district seven.	5305

District eight. Summit county shall constitute district	5306
eight.	5307

District nine. Lorain, Huron, and Medina counties shall	5308
constitute district nine.	5309

District ten. Butler, Clermont, Clinton, and Warren counties	5310
shall constitute district ten.	5311

District eleven. Champaign, Clark, Darke, Greene, Madison,	5312
Miami, Preble, and Union counties shall constitute district	5313
eleven.	5314

District twelve. Lucas county shall constitute district	5315
twelve.	5316

District thirteen. Allen, Auglaize, Hancock, Logan, Mercer,	5317
Putnam, Shelby, and Van Wert counties shall constitute district	5318
thirteen.	5319

District fourteen. Carroll, Columbiana, Coshocton, Guernsey,	5320
Harrison, Holmes, Jefferson, and Tuscarawas counties shall	5321
constitute district fourteen.	5322

District fifteen. Adams, Brown, Fayette, Gallia, Highland,	5323
Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall	5324
constitute district fifteen.	5325

District sixteen. Ashland, Crawford, Hardin, Marion,	5326
Richland, Seneca, Wayne, and Wyandot counties shall constitute	5327
district sixteen.	5328

District seventeen. Delaware, Fairfield, Knox, Licking,	5329
Morrow, and Pickaway counties shall constitute district seventeen.	5330

District eighteen. Athens, Belmont, Hocking, Meigs, Monroe,	5331
Morgan, Muskingum, Noble, Perry, and Washington counties shall	5332
constitute district eighteen.	5333

District nineteen. Stark county shall constitute district	5334
nineteen.	5335

Sec. 164.08. (A) Except as provided in sections 151.01 and	5336
151.08 or section 164.09 of the Revised Code, the net proceeds of	5337
obligations issued and sold by the treasurer of state pursuant to	5338
section 164.09 of the Revised Code before September 30, 2000, or	5339
pursuant to sections 151.01 and 151.08 of the Revised Code, for	5340
the purpose of financing or assisting in the financing of the cost	5341
of public infrastructure capital improvement projects of local	5342
subdivisions, as provided for in Section 2k or, 2m, or 2p of	5343
Article VIII, Ohio Constitution, and this chapter, shall be paid	5344
into the state capital improvements fund, which is hereby created	5345
in the state treasury. Investment earnings on moneys in the fund	5346
shall be credited to the fund.	5347

(B) Each program year the amount of obligations authorized by	5348
the general assembly in accordance with sections 151.01 and 151.08	5349
or section 164.09 of the Revised Code, excluding the proceeds of	5350
refunding or renewal obligations, shall be allocated by the	5351
director of the Ohio public works commission as follows:	5352

(1) First, twelve million dollars of the amount of	5353
obligations authorized shall be allocated to provide financial	5354
assistance to villages and to townships with populations in the	5355
unincorporated areas of the township of less than five thousand	5356
persons, for capital improvements in accordance with section	5357
164.051 and division (D) of section 164.06 of the Revised Code. As	5358
used in division (B)(1) of this section, "capital improvements"	5359
includes resurfacing and improving roads.	5360

(2) Following the allocation required by division (B)(1) of	5361
this section, the director may allocate two million five hundred	5362
thousand dollars of the authorized obligations to provide	5363
financial assistance to local subdivisions for capital improvement	5364
projects which in the judgment of the director of the Ohio public	5365
works commission are necessary for the immediate preservation of	5366
the health, safety, and welfare of the citizens of the local	5367
subdivision requesting assistance.	5368

(3) For the second, third, fourth, and fifth years that	5369
obligations are authorized and are available for allocation under	5370
this chapter, one million dollars shall be allocated to the sewer	5371
and water fund created in section 1525.11 of the Revised Code.	5372
Money from this allocation shall be transferred to that fund when	5373
needed to support specific payments from that fund.	5374

(4) For program years twelve and fourteen that obligations	5375
are authorized and available for allocation under this chapter,	5376
two million dollars each program year shall be allocated to the	5377
small county capital improvement program for use in providing	5378
financial assistance under division (F) of section 164.02 of the	5379
Revised Code.	5380

(5) After the allocation required by division (B)(3) of this	5381
section is made, the director shall determine the amount of the	5382
remaining obligations authorized to be issued and sold that each	5383
county would receive if such amounts were allocated on a per	5384
capita basis each year. If a county's per capita share for the	5385
year would be less than three hundred thousand dollars, the	5386
director shall allocate to the district in which that county is	5387
located an amount equal to the difference between three hundred	5388
thousand dollars and the county's per capita share.	5389

(6) After making the allocation required by division (B)(5)	5390
of this section, the director shall allocate the remaining amount	5391
to each district on a per capita basis.	5392

(C)(1) There is hereby created in the state treasury the	5393
state capital improvements revolving loan fund, into which shall	5394
be deposited all repayments of loans made to local subdivisions	5395
for capital improvements pursuant to this chapter. Investment	5396
earnings on moneys in the fund shall be credited to the fund.	5397

(2) There may also be deposited in the state capital	5398
improvements revolving loan fund moneys obtained from federal or	5399
private grants, or from other sources, which are to be used for	5400
any of the purposes authorized by this chapter. Such moneys shall	5401
be allocated each year in accordance with division (B)(6) of this	5402
section.	5403

(3) Moneys deposited into the state capital improvements	5404
revolving loan fund shall be used to make loans for the purpose of	5405
financing or assisting in the financing of the cost of capital	5406
improvement projects of local subdivisions.	5407

(4) Investment earnings credited to the state capital	5408
improvements revolving loan fund that exceed the amounts required	5409
to meet estimated federal arbitrage rebate requirements shall be	5410
used to pay costs incurred by the public works commission in	5411
administering this section. Investment earnings credited to the	5412
state capital improvements revolving loan fund that exceed the	5413
amounts required to pay for the administrative costs and estimated	5414
rebate requirements shall be allocated to each district on a per	5415
capita basis.	5416

(5) Each program year, loan repayments received and on	5417
deposit in the state capital improvements revolving loan fund	5418
shall be allocated as follows:	5419

(a) Each district public works integrating committee shall be	5420
allocated an amount equal to the sum of all loan repayments made	5421
to the state capital improvements revolving loan fund by local	5422
subdivisions that are part of the district. Moneys not used in a	5423
program year may be used in the next program year in the same	5424
manner and for the same purpose as originally allocated.	5425

(b) Loan repayments made pursuant to projects approved under	5426
division (B)(1) of this section shall be used to make loans in	5427
accordance with section 164.051 and division (D) of section 164.06	5428
of the Revised Code. Allocations for this purpose made pursuant to	5429
division (C)(5) of this section shall be in addition to the	5430
allocation provided in division (B)(1) of this section.	5431

(c) Loan repayments made pursuant to projects approved under	5432
division (B)(2) of this section shall be used to make loans in	5433
accordance with division (B)(2) of this section. Allocations for	5434
this purpose made pursuant to division (C)(5) of this section	5435
shall be in addition to the allocation provided in division (B)(2)	5436
of this section.	5437

(d) Loans made from the state capital improvements revolving	5438
loan fund shall not be limited in their usage by divisions (E),	5439
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	5440

(D) Investment earnings credited to the state capital	5441
improvements fund that exceed the amounts required to meet	5442
estimated federal arbitrage rebate requirements shall be used to	5443
pay costs incurred by the public works commission in administering	5444
sections 164.01 to 164.12 of the Revised Code.	5445

(E) The director of the Ohio public works commission shall	5446
notify the director of budget and management of the amounts	5447
allocated pursuant to this section and such information shall be	5448
entered into the state accounting system. The director of budget	5449
and management shall establish appropriation line items as needed	5450
to track these allocations.	5451

(F) If the amount of a district's allocation in a program	5452
year exceeds the amount of financial assistance approved for the	5453
district by the commission for that year, the remaining portion of	5454
the district's allocation shall be added to the district's	5455
allocation pursuant to division (B) of this section for the next	5456
succeeding year for use in the same manner and for the same	5457
purposes as it was originally allocated, except that any portion	5458
of a district's allocation which was available for use on new or	5459
expanded infrastructure pursuant to division (H) of section 164.05	5460
of the Revised Code shall be available in succeeding years only	5461
for the repair and replacement of existing infrastructure.	5462

(G) When an allocation based on population is made by the	5463
director pursuant to division (B) of this section, the director	5464
shall use the most recent decennial census statistics, and shall	5465
not make any reallocations based upon a change in a district's	5466
population.	5467

Sec. 164.09. (A) The issuer is authorized to issue and sell,	5468
as provided in this section and in amounts from time to time	5469
authorized by the general assembly, general obligations of this	5470
state for the purpose of financing or assisting in the financing	5471
of the costs of public infrastructure capital improvements for	5472
local subdivisions. The full faith and credit, revenues, and	5473
taxing power of the state are and shall be pledged to the timely	5474
payment of bond service charges on outstanding obligations, all in	5475
accordance with Section 2k or 2m of Article VIII, Ohio	5476
Constitution and sections 164.09 to 164.12 of the Revised Code,	5477
excluding from that pledge fees, excises, or taxes relating to the	5478
registration, operation, or use of vehicles on the public	5479
highways, or to fuels used for propelling those vehicles, and so	5480
long as such obligations are outstanding there shall be levied and	5481
collected excises and taxes, excluding those excepted above, in	5482
amounts sufficient to pay the bond service charges on such	5483
obligations and costs relating to credit facilities.	5484

(B)(1) The total principal amount of obligations issued	5485
pursuant to Section 2k of Article VIII, Ohio Constitution shall	5486
not exceed one billion two hundred million dollars, and not more	5487
than one hundred twenty million dollars in principal amount of	5488
obligations may be issued in any calendar year, all determined as	5489
provided in sections 164.09 to 164.12 of the Revised Code.	5490

(2) The total principal amount of obligations issued for the	5491
purposes of this section pursuant to Section 2m of Article VIII,	5492
Ohio Constitution, shall not exceed one billion two hundred	5493
million dollars. Not more than one hundred twenty million dollars	5494
in principal amount of such obligations, plus the principal amount	5495
of such obligations that in any prior fiscal years could have been	5496
but were not issued within the one-hundred-twenty-million-dollar	5497
fiscal year limit, may be issued in any fiscal year. No	5498
obligations shall be issued for the purposes of this section	5499
pursuant to Section 2m of Article VIII, Ohio Constitution, until	5500
at least one billion one hundred ninety-nine million five hundred	5501
thousand dollars aggregate principal amount of obligations have	5502
been issued pursuant to Section 2k of Article VIII, Ohio	5503
Constitution. The amounts specified under division (B)(2) of this	5504
section shall be determined as provided in sections 164.09 to	5505
164.12 of the Revised Code.	5506

(C) Each issue of obligations shall be authorized by order of	5507
the issuer. The bond proceedings shall provide for the principal	5508
amount or maximum principal amount of obligations of an issue, and	5509
shall provide for or authorize the manner or agency for	5510
determining the principal maturity or maturities, not exceeding	5511
the earlier of thirty years from the date of issuance of the	5512
particular obligations or thirty years from the date the debt	5513
represented by the particular obligations was originally	5514
contracted, the interest rate or rates, the date of and the dates	5515
of payment of interest on the obligations, their denominations,	5516
and the establishment within or without the state of a place or	5517
places of payment of bond service charges. Sections 9.96 and 9.98	5518
to 9.983 of the Revised Code are applicable to the obligations.	5519
The purpose of the obligations may be stated in the bond	5520
proceedings as "financing or assisting in the financing of local	5521
subdivisions capital improvement projects."	5522

(D) The proceeds of the obligations, except for any portion	5523
to be deposited in special funds, or in escrow funds for the	5524
purpose of refunding outstanding obligations, all as may be	5525
provided in the bond proceedings, shall be deposited to the state	5526
capital improvements fund established by section 164.08 of the	5527
Revised Code.	5528

(E) The issuer may appoint paying agents, bond registrars,	5529
securities depositories, and transfer agents, and may retain the	5530
services of financial advisers and accounting experts, and retain	5531
or contract for the services of marketing, remarketing, indexing,	5532
and administrative agents, other consultants, and independent	5533
contractors, including printing services, as are necessary in the	5534
issuer's judgment to carry out sections 164.01 to 164.12 of the	5535
Revised Code. Financing costs are payable, as provided in the bond	5536
proceedings, from the proceeds of the obligations, from special	5537
funds, or from other moneys available for the purpose.	5538

(F) The bond proceedings, including any trust agreement, may	5539
contain additional provisions customary or appropriate to the	5540
financing or to the obligations or to particular obligations,	5541
including but not limited to:	5542

(1) The redemption of obligations prior to maturity at the	5543
option of the state or of the holder or upon the occurrence of	5544
certain conditions at such price or prices and under such terms	5545
and conditions as are provided in the bond proceedings;	5546

(2) The form of and other terms of the obligations;

5547

(3) The establishment, deposit, investment, and application	5548
of special funds, and the safeguarding of moneys on hand or on	5549
deposit, without regard to Chapter 131. or 135. of the Revised	5550
Code, but subject to any special provisions of this section with	5551
respect to particular funds or moneys, and provided that any bank	5552
or trust company that acts as a depository of any moneys in	5553
special funds may furnish such indemnifying bonds or may pledge	5554
such securities as required by the issuer;	5555

(4) Any or every provision of the bond proceedings binding	5556
upon the issuer and such state agency or local subdivision,	5557
officer, board, commission, authority, agency, department, or	5558
other person or body as may from time to time have the authority	5559
under law to take such actions as may be necessary to perform all	5560
or any part of the duty required by such provision;	5561

(5) The maintenance of each pledge, any trust agreement, or	5562
other instrument comprising part of the bond proceedings until the	5563
state has fully paid or provided for the payment of the bond	5564
service charges on the obligations or met other stated conditions;	5565

(6) In the event of default in any payments required to be	5566
made by the bond proceedings, or any other agreement of the issuer	5567
made as a part of a contract under which the obligations were	5568
issued or secured, the enforcement of such payments or agreements	5569
by mandamus, suit in equity, action at law, or any combination of	5570
the foregoing;	5571

(7) The rights and remedies of the holders of obligations and	5572
of the trustee under any trust agreement, and provisions for	5573
protecting and enforcing them, including limitations on rights of	5574
individual holders of obligations;	5575

(8) The replacement of any obligations that become mutilated	5576
or are destroyed, lost, or stolen;	5577

(9) Provision for the funding, refunding, or advance	5578
refunding or other provision for payment of obligations which will	5579
then no longer be outstanding for purposes of this section or of	5580
the bond proceedings;	5581

(10) Any provision that may be made in bond proceedings or a	5582
trust agreement, including provision for amendment of the bond	5583
proceedings;	5584

(11) Such other provisions as the issuer determines,	5585
including limitations, conditions, or qualifications relating to	5586
any of the foregoing;	5587

(12) Any other or additional agreements with the holders of	5588
the obligations relating to the obligations or the security for	5589
the obligations.	5590

(G) The great seal of the state or a facsimile of that seal	5591
may be affixed to or printed on the obligations. The obligations	5592
requiring signature by the issuer shall be signed by or bear the	5593
facsimile signature of the issuer as provided in the bond	5594
proceedings. Any obligations may be signed by the person who, on	5595
the date of execution, is the authorized signer although on the	5596
date of such obligations such person was not the issuer. In case	5597
the person whose signature or a facsimile of whose signature	5598
appears on any obligation ceases to be the issuer before delivery	5599
of the obligation, such signature or facsimile is nevertheless	5600
valid and sufficient for all purposes as if the person had	5601
remained the member until such delivery, and in case the seal to	5602
be affixed to or printed on obligations has been changed after the	5603
seal has been affixed to or a facsimile of the seal has been	5604
printed on the obligations, that seal or facsimile seal shall	5605
continue to be sufficient as to those obligations and obligations	5606
issued in substitution or exchange therefor.	5607

(H) The obligations are negotiable instruments and securities	5608
under Chapter 1308. of the Revised Code, subject to the provisions	5609
of the bond proceedings as to registration. Obligations may be	5610
issued in coupon or in fully registered form, or both, as the	5611
issuer determines. Provision may be made for the registration of	5612
any obligations with coupons attached as to principal alone or as	5613
to both principal and interest, their exchange for obligations so	5614
registered, and for the conversion or reconversion into	5615
obligations with coupons attached of any obligations registered as	5616
to both principal and interest, and for reasonable charges for	5617
such registration, exchange, conversion, and reconversion. Pending	5618
preparation of definitive obligations, the issuer may issue	5619
interim receipts or certificates which shall be exchanged for such	5620
definitive obligations.	5621

(I) Obligations may be sold at public sale or at private	5622
sale, and at such price at, above, or below par, as determined by	5623
the issuer in the bond proceedings.	5624

(J) In the discretion of the issuer, obligations may be	5625
secured additionally by a trust agreement between the state and a	5626
corporate trustee which may be any trust company or bank having	5627
~~its principal~~a place of business within the state. Any trust	5628
agreement may contain the order authorizing the issuance of the	5629
obligations, any provisions that may be contained in the bond	5630
proceedings, and other provisions that are customary or	5631
appropriate in an agreement of the type.	5632

(K) Except to the extent that their rights are restricted by	5633
the bond proceedings, any holder of obligations, or a trustee	5634
under the bond proceedings, may by any suitable form of legal	5635
proceedings protect and enforce any rights under the laws of this	5636
state or granted by the bond proceedings. Such rights include the	5637
right to compel the performance of all duties of the issuer and	5638
the state. Each duty of the issuer and the issuer's employees, and	5639
of each state agency and local public entity and its officers,	5640
members, or employees, undertaken pursuant to the bond	5641
proceedings, is hereby established as a duty of the issuer, and of	5642
each such agency, local subdivision, officer, member, or employee	5643
having authority to perform such duty, specifically enjoined by	5644
the law and resulting from an office, trust, or station within the	5645
meaning of section 2731.01 of the Revised Code. The persons who	5646
are at the time the issuer, or the issuer's employees, are not	5647
liable in their personal capacities on any obligations or any	5648
agreements of or with the issuer relating to obligations or under	5649
the bond proceedings.	5650

(L) Obligations are lawful investments for banks, societies	5651
for savings, savings and loan associations, deposit guarantee	5652
associations, trust companies, trustees, fiduciaries, insurance	5653
companies, including domestic for life and domestic not for life,	5654
trustees or other officers having charge of sinking and bond	5655
retirement or other special funds of political subdivisions and	5656
taxing districts of this state, the commissioners of the sinking	5657
fund, the administrator of workers' compensation, the state	5658
teachers retirement system, the public employees retirement	5659
system, the school employees retirement system, and the Ohio	5660
police and fire pension fund, notwithstanding any other provisions	5661
of the Revised Code or rules adopted pursuant thereto by any state	5662
agency with respect to investments by them, and are also	5663
acceptable as security for the deposit of public moneys.	5664

(M) Unless otherwise provided in any applicable bond	5665
proceedings, moneys to the credit of or in the special funds	5666
established by or pursuant to this section may be invested by or	5667
on behalf of the issuer only in notes, bonds, or other direct	5668
obligations of the United States or of any agency or	5669
instrumentality of the United States, in obligations of this state	5670
or any political subdivision of this state, in certificates of	5671
deposit of any national bank located in this state and any bank,	5672
as defined in section 1101.01 of the Revised Code, subject to	5673
inspection by the superintendent of financial institutions, in the	5674
Ohio subdivision's fund established pursuant to section 135.45 of	5675
the Revised Code, in no-front-end-load money market mutual funds	5676
consisting exclusively of direct obligations of the United States	5677
or of an agency or instrumentality of the United States, and in	5678
repurchase agreements, including those issued by any fiduciary,	5679
secured by direct obligations of the United States or an agency or	5680
instrumentality of the United States, and in collective investment	5681
funds established in accordance with section 1111.14 of the	5682
Revised Code and consisting exclusively of direct obligations of	5683
the United States or of an agency or instrumentality of the United	5684
States, notwithstanding division (A)(1)(c) of that section. The	5685
income from investments shall be credited to such special funds or	5686
otherwise as the issuer determines in the bond proceedings, and	5687
the investments may be sold or exchanged at such times as the	5688
issuer determines or authorizes.	5689

(N) Unless otherwise provided in any applicable bond	5690
proceedings, moneys to the credit of or in a special fund shall be	5691
disbursed on the order of the issuer, provided that no such order	5692
is required for the payment from the bond service fund or other	5693
special fund when due of bond service charges or required payments	5694
under credit facilities.	5695

(O) The issuer may covenant in the bond proceedings, and any	5696
such covenants shall be controlling notwithstanding any other	5697
provision of law, that the state and the applicable officers and	5698
agencies of the state, including the general assembly, so long as	5699
any obligations are outstanding in accordance with their terms,	5700
shall maintain statutory authority for and cause to be charged and	5701
collected taxes, excises, and other receipts of the state so that	5702
the receipts to the bond service fund shall be sufficient in	5703
amounts to meet bond service charges and for the establishment and	5704
maintenance of any reserves and other requirements, including	5705
payment of financing costs, provided for in the bond proceedings.	5706

(P) The obligations, and the transfer of, and the interest	5707
and other income from, including any profit made on the sale,	5708
transfer, or other disposition of, the obligations shall at all	5709
times be free from taxation, direct or indirect, within the state.	5710

(Q) Unless a judicial action or proceeding challenging the	5711
validity of obligations is commenced by personal service on the	5712
treasurer of state prior to the initial delivery of an issue of	5713
the obligations, the obligations of that issue and the bond	5714
proceedings pertaining to that issue are incontestable and those	5715
obligations shall be conclusively considered to be and to have	5716
been issued, secured, payable, sold, executed, and delivered, and	5717
the bond proceedings relating to them taken, in conformity with	5718
law if all of the following apply to the obligations:	5719

(1) They state that they are issued under the provisions of	5720
this section and comply on their face with those provisions;	5721

(2) They are issued within the limitations prescribed by this	5722
section;	5723

(3) Their purchase price has been paid in full;

5724

(4) They state that all the bond proceedings were held in	5725
compliance with law, which statement creates a conclusive	5726
presumption that the bond proceedings were held in compliance with	5727
all laws, including section 121.22 of the Revised Code, where	5728
applicable, and rules.	5729

(R) This section applies only with respect to obligations	5730
issued and delivered before September 30, 2000.	5731

Sec. 166.08. (A) As used in this chapter:

5732

(1) "Bond proceedings" means the resolution, order, trust	5733
agreement, indenture, lease, and other agreements, amendments and	5734
supplements to the foregoing, or any one or more or combination	5735
thereof, authorizing or providing for the terms and conditions	5736
applicable to, or providing for the security or liquidity of,	5737
obligations issued pursuant to this section, and the provisions	5738
contained in such obligations.	5739

(2) "Bond service charges" means principal, including	5740
mandatory sinking fund requirements for retirement of obligations,	5741
and interest, and redemption premium, if any, required to be paid	5742
by the state on obligations.	5743

(3) "Bond service fund" means the applicable fund and	5744
accounts therein created for and pledged to the payment of bond	5745
service charges, which may be, or may be part of, the economic	5746
development bond service fund created by division (S) of this	5747
section including all moneys and investments, and earnings from	5748
investments, credited and to be credited thereto.	5749

(4) "Issuing authority" means the treasurer of state, or the	5750
officer who by law performs the functions of such officer.	5751

(5) "Obligations" means bonds, notes, or other evidence of	5752
obligation including interest coupons pertaining thereto, issued	5753
pursuant to this section.	5754

(6) "Pledged receipts" means all receipts of the state	5755
representing the gross profit on the sale of spirituous liquor, as	5756
referred to in division (B)(4) of section 4301.10 of the Revised	5757
Code, after paying all costs and expenses of the division of	5758
liquor control and providing an adequate working capital reserve	5759
for the division of liquor control as provided in that division,	5760
but excluding the sum required by the second paragraph of section	5761
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	5762
paid into the state treasury; moneys accruing to the state from	5763
the lease, sale, or other disposition, or use, of project	5764
facilities, and from the repayment, including interest, of loans	5765
made from proceeds received from the sale of obligations; accrued	5766
interest received from the sale of obligations; income from the	5767
investment of the special funds; and any gifts, grants, donations,	5768
and pledges, and receipts therefrom, available for the payment of	5769
bond service charges.	5770

(7) "Special funds" or "funds" means, except where the	5771
context does not permit, the bond service fund, and any other	5772
funds, including reserve funds, created under the bond	5773
proceedings, and the economic development bond service fund	5774
created by division (S) of this section to the extent provided in	5775
the bond proceedings, including all moneys and investments, and	5776
earnings from investment, credited and to be credited thereto.	5777

(B) Subject to the limitations provided in section 166.11 of	5778
the Revised Code, the issuing authority, upon the certification by	5779
the director of development to the issuing authority of the amount	5780
of moneys or additional moneys needed in the facilities	5781
establishment fund, the loan guarantee fund, the innovation Ohio	5782
loan fund, the innovation Ohio loan guarantee fund, or the	5783
research and development loan fund for the purpose of paying, or	5784
making loans for, allowable costs from the facilities	5785
establishment fund, allowable innovation costs from the innovation	5786
Ohio loan fund, or allowable costs from the research and	5787
development loan fund, or needed for capitalized interest, for	5788
funding reserves, and for paying costs and expenses incurred in	5789
connection with the issuance, carrying, securing, paying,	5790
redeeming, or retirement of the obligations or any obligations	5791
refunded thereby, including payment of costs and expenses relating	5792
to letters of credit, lines of credit, insurance, put agreements,	5793
standby purchase agreements, indexing, marketing, remarketing and	5794
administrative arrangements, interest swap or hedging agreements,	5795
and any other credit enhancement, liquidity, remarketing, renewal,	5796
or refunding arrangements, all of which are authorized by this	5797
section, or providing moneys for the loan guarantee fund or the	5798
innovation Ohio loan guarantee fund, as provided in this chapter	5799
or needed for the purposes of funds established in accordance with	5800
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	5801
122.561, 122.57, and 122.80 of the Revised Code which are within	5802
the authorization of Section 13 of Article VIII, Ohio	5803
Constitution, shall issue obligations of the state under this	5804
section in the required amount; provided that such obligations may	5805
be issued to satisfy the covenants in contracts of guarantee made	5806
under section 166.06 or 166.15 of the Revised Code,	5807
notwithstanding limitations otherwise applicable to the issuance	5808
of obligations under this section. The proceeds of such	5809
obligations, except for the portion to be deposited in special	5810
funds, including reserve funds, as may be provided in the bond	5811
proceedings, shall as provided in the bond proceedings be	5812
deposited by the director of development to the facilities	5813
establishment fund, the loan guarantee fund, the innovation Ohio	5814
loan guarantee fund, the innovation Ohio loan fund, or the	5815
research and development loan fund. Bond proceedings for project	5816
financing obligations may provide that the proceeds derived from	5817
the issuance of such obligations shall be deposited into such fund	5818
or funds provided for in the bond proceedings and, to the extent	5819
provided for in the bond proceedings, such proceeds shall be	5820
deemed to have been deposited into the facilities establishment	5821
fund and transferred to such fund or funds. The issuing authority	5822
may appoint trustees, paying agents, and transfer agents and may	5823
retain the services of financial advisors, accounting experts, and	5824
attorneys, and retain or contract for the services of marketing,	5825
remarketing, indexing, and administrative agents, other	5826
consultants, and independent contractors, including printing	5827
services, as are necessary in the issuing authority's judgment to	5828
carry out this section. The costs of such services are allowable	5829
costs payable from the facilities establishment fund or the	5830
research and development loan fund or allowable innovation costs	5831
payable from the innovation Ohio loan fund.	5832

(C) The holders or owners of such obligations shall have no	5833
right to have moneys raised by taxation obligated or pledged, and	5834
moneys raised by taxation shall not be obligated or pledged, for	5835
the payment of bond service charges. Such holders or owners shall	5836
have no rights to payment of bond service charges from any moneys	5837
accruing to the state from the lease, sale, or other disposition,	5838
or use, of project facilities, or from payment of the principal of	5839
or interest on loans made, or fees charged for guarantees made, or	5840
from any money or property received by the director, treasurer of	5841
state, or the state under Chapter 122. of the Revised Code, or	5842
from any other use of the proceeds of the sale of the obligations,	5843
and no such moneys may be used for the payment of bond service	5844
charges, except for accrued interest, capitalized interest, and	5845
reserves funded from proceeds received upon the sale of the	5846
obligations and except as otherwise expressly provided in the	5847
applicable bond proceedings pursuant to written directions by the	5848
director. The right of such holders and owners to payment of bond	5849
service charges is limited to all or that portion of the pledged	5850
receipts and those special funds pledged thereto pursuant to the	5851
bond proceedings in accordance with this section, and each such	5852
obligation shall bear on its face a statement to that effect.	5853

(D) Obligations shall be authorized by resolution or order of	5854
the issuing authority and the bond proceedings shall provide for	5855
the purpose thereof and the principal amount or amounts, and shall	5856
provide for or authorize the manner or agency for determining the	5857
principal maturity or maturities, not exceeding twenty-five years	5858
from the date of issuance, the interest rate or rates or the	5859
maximum interest rate, the date of the obligations and the dates	5860
of payment of interest thereon, their denomination, and the	5861
establishment within or without the state of a place or places of	5862
payment of bond service charges. Sections 9.98 to 9.983 of the	5863
Revised Code are applicable to obligations issued under this	5864
section, subject to any applicable limitation under section 166.11	5865
of the Revised Code. The purpose of such obligations may be stated	5866
in the bond proceedings in terms describing the general purpose or	5867
purposes to be served. The bond proceedings also shall provide,	5868
subject to the provisions of any other applicable bond	5869
proceedings, for the pledge of all, or such part as the issuing	5870
authority may determine, of the pledged receipts and the	5871
applicable special fund or funds to the payment of bond service	5872
charges, which pledges may be made either prior or subordinate to	5873
other expenses, claims, or payments, and may be made to secure the	5874
obligations on a parity with obligations theretofore or thereafter	5875
issued, if and to the extent provided in the bond proceedings. The	5876
pledged receipts and special funds so pledged and thereafter	5877
received by the state are immediately subject to the lien of such	5878
pledge without any physical delivery thereof or further act, and	5879
the lien of any such pledges is valid and binding against all	5880
parties having claims of any kind against the state or any	5881
governmental agency of the state, irrespective of whether such	5882
parties have notice thereof, and shall create a perfected security	5883
interest for all purposes of Chapter 1309. of the Revised Code,	5884
without the necessity for separation or delivery of funds or for	5885
the filing or recording of the bond proceedings by which such	5886
pledge is created or any certificate, statement or other document	5887
with respect thereto; and the pledge of such pledged receipts and	5888
special funds is effective and the money therefrom and thereof may	5889
be applied to the purposes for which pledged without necessity for	5890
any act of appropriation. Every pledge, and every covenant and	5891
agreement made with respect thereto, made in the bond proceedings	5892
may therein be extended to the benefit of the owners and holders	5893
of obligations authorized by this section, and to any trustee	5894
therefor, for the further security of the payment of the bond	5895
service charges.	5896

(E) The bond proceedings may contain additional provisions as	5897
to:	5898

(1) The redemption of obligations prior to maturity at the	5899
option of the issuing authority at such price or prices and under	5900
such terms and conditions as are provided in the bond proceedings;	5901

(2) Other terms of the obligations;

5902

(3) Limitations on the issuance of additional obligations;

5903

(4) The terms of any trust agreement or indenture securing	5904
the obligations or under which the same may be issued;	5905

(5) The deposit, investment and application of special funds,	5906
and the safeguarding of moneys on hand or on deposit, without	5907
regard to Chapter 131. or 135. of the Revised Code, but subject to	5908
any special provisions of this chapter, with respect to particular	5909
funds or moneys, provided that any bank or trust company which	5910
acts as depository of any moneys in the special funds may furnish	5911
such indemnifying bonds or may pledge such securities as required	5912
by the issuing authority;	5913

(6) Any or every provision of the bond proceedings being	5914
binding upon such officer, board, commission, authority, agency,	5915
department, or other person or body as may from time to time have	5916
the authority under law to take such actions as may be necessary	5917
to perform all or any part of the duty required by such provision;	5918

(7) Any provision that may be made in a trust agreement or	5919
indenture;	5920

(8) Any other or additional agreements with the holders of	5921
the obligations, or the trustee therefor, relating to the	5922
obligations or the security therefor, including the assignment of	5923
mortgages or other security obtained or to be obtained for loans	5924
under section 122.43, 166.07, or 166.16 of the Revised Code.	5925

(F) The obligations may have the great seal of the state or a	5926
facsimile thereof affixed thereto or printed thereon. The	5927
obligations and any coupons pertaining to obligations shall be	5928
signed or bear the facsimile signature of the issuing authority.	5929
Any obligations or coupons may be executed by the person who, on	5930
the date of execution, is the proper issuing authority although on	5931
the date of such bonds or coupons such person was not the issuing	5932
authority. If the issuing authority whose signature or a facsimile	5933
of whose signature appears on any such obligation or coupon ceases	5934
to be the issuing authority before delivery thereof, such	5935
signature or facsimile is nevertheless valid and sufficient for	5936
all purposes as if the former issuing authority had remained the	5937
issuing authority until such delivery; and if the seal to be	5938
affixed to obligations has been changed after a facsimile of the	5939
seal has been imprinted on such obligations, such facsimile seal	5940
shall continue to be sufficient as to such obligations and	5941
obligations issued in substitution or exchange therefor.	5942

(G) All obligations are negotiable instruments and securities	5943
under Chapter 1308. of the Revised Code, subject to the provisions	5944
of the bond proceedings as to registration. The obligations may be	5945
issued in coupon or in registered form, or both, as the issuing	5946
authority determines. Provision may be made for the registration	5947
of any obligations with coupons attached thereto as to principal	5948
alone or as to both principal and interest, their exchange for	5949
obligations so registered, and for the conversion or reconversion	5950
into obligations with coupons attached thereto of any obligations	5951
registered as to both principal and interest, and for reasonable	5952
charges for such registration, exchange, conversion, and	5953
reconversion.	5954

(H) Obligations may be sold at public sale or at private	5955
sale, as determined in the bond proceedings.	5956

Obligations issued to provide moneys for the loan guarantee	5957
fund or the innovation Ohio loan guarantee fund may, as determined	5958
by the issuing authority, be sold at private sale, and without	5959
publication of a notice of sale.	5960

(I) Pending preparation of definitive obligations, the	5961
issuing authority may issue interim receipts or certificates which	5962
shall be exchanged for such definitive obligations.	5963

(J) In the discretion of the issuing authority, obligations	5964
may be secured additionally by a trust agreement or indenture	5965
between the issuing authority and a corporate trustee which may be	5966
any trust company or bank having ~~its principal~~a place of business	5967
within the state. Any such agreement or indenture may contain the	5968
resolution or order authorizing the issuance of the obligations,	5969
any provisions that may be contained in any bond proceedings, and	5970
other provisions which are customary or appropriate in an	5971
agreement or indenture of such type, including, but not limited	5972
to:	5973

(1) Maintenance of each pledge, trust agreement, indenture,	5974
or other instrument comprising part of the bond proceedings until	5975
the state has fully paid the bond service charges on the	5976
obligations secured thereby, or provision therefor has been made;	5977

(2) In the event of default in any payments required to be	5978
made by the bond proceedings, or any other agreement of the	5979
issuing authority made as a part of the contract under which the	5980
obligations were issued, enforcement of such payments or agreement	5981
by mandamus, the appointment of a receiver, suit in equity, action	5982
at law, or any combination of the foregoing;	5983

(3) The rights and remedies of the holders of obligations and	5984
of the trustee, and provisions for protecting and enforcing them,	5985
including limitations on rights of individual holders of	5986
obligations;	5987

(4) The replacement of any obligations that become mutilated	5988
or are destroyed, lost, or stolen;	5989

(5) Such other provisions as the trustee and the issuing	5990
authority agree upon, including limitations, conditions, or	5991
qualifications relating to any of the foregoing.	5992

(K) Any holders of obligations or trustees under the bond	5993
proceedings, except to the extent that their rights are restricted	5994
by the bond proceedings, may by any suitable form of legal	5995
proceedings, protect and enforce any rights under the laws of this	5996
state or granted by such bond proceedings. Such rights include the	5997
right to compel the performance of all duties of the issuing	5998
authority, the director of development, or the division of liquor	5999
control required by this chapter or the bond proceedings; to	6000
enjoin unlawful activities; and in the event of default with	6001
respect to the payment of any bond service charges on any	6002
obligations or in the performance of any covenant or agreement on	6003
the part of the issuing authority, the director of development, or	6004
the division of liquor control in the bond proceedings, to apply	6005
to a court having jurisdiction of the cause to appoint a receiver	6006
to receive and administer the pledged receipts and special funds,	6007
other than those in the custody of the treasurer of state, which	6008
are pledged to the payment of the bond service charges on such	6009
obligations or which are the subject of the covenant or agreement,	6010
with full power to pay, and to provide for payment of bond service	6011
charges on, such obligations, and with such powers, subject to the	6012
direction of the court, as are accorded receivers in general	6013
equity cases, excluding any power to pledge additional revenues or	6014
receipts or other income or moneys of the issuing authority or the	6015
state or governmental agencies of the state to the payment of such	6016
principal and interest and excluding the power to take possession	6017
of, mortgage, or cause the sale or otherwise dispose of any	6018
project facilities.	6019

Each duty of the issuing authority and the issuing	6020
authority's officers and employees, and of each governmental	6021
agency and its officers, members, or employees, undertaken	6022
pursuant to the bond proceedings or any agreement or lease,	6023
lease-purchase agreement, or loan made under authority of this	6024
chapter, and in every agreement by or with the issuing authority,	6025
is hereby established as a duty of the issuing authority, and of	6026
each such officer, member, or employee having authority to perform	6027
such duty, specifically enjoined by the law resulting from an	6028
office, trust, or station within the meaning of section 2731.01 of	6029
the Revised Code.	6030

The person who is at the time the issuing authority, or the	6031
issuing authority's officers or employees, are not liable in their	6032
personal capacities on any obligations issued by the issuing	6033
authority or any agreements of or with the issuing authority.	6034

(L) The issuing authority may authorize and issue obligations	6035
for the refunding, including funding and retirement, and advance	6036
refunding with or without payment or redemption prior to maturity,	6037
of any obligations previously issued by the issuing authority.	6038
Such obligations may be issued in amounts sufficient for payment	6039
of the principal amount of the prior obligations, any redemption	6040
premiums thereon, principal maturities of any such obligations	6041
maturing prior to the redemption of the remaining obligations on a	6042
parity therewith, interest accrued or to accrue to the maturity	6043
dates or dates of redemption of such obligations, and any	6044
allowable costs including expenses incurred or to be incurred in	6045
connection with such issuance and such refunding, funding, and	6046
retirement. Subject to the bond proceedings therefor, the portion	6047
of proceeds of the sale of obligations issued under this division	6048
to be applied to bond service charges on the prior obligations	6049
shall be credited to an appropriate account held by the trustee	6050
for such prior or new obligations or to the appropriate account in	6051
the bond service fund for such obligations. Obligations authorized	6052
under this division shall be deemed to be issued for those	6053
purposes for which such prior obligations were issued and are	6054
subject to the provisions of this section pertaining to other	6055
obligations, except as otherwise provided in this section;	6056
provided that, unless otherwise authorized by the general	6057
assembly, any limitations imposed by the general assembly pursuant	6058
to this section with respect to bond service charges applicable to	6059
the prior obligations shall be applicable to the obligations	6060
issued under this division to refund, fund, advance refund or	6061
retire such prior obligations.	6062

(M) The authority to issue obligations under this section	6063
includes authority to issue obligations in the form of bond	6064
anticipation notes and to renew the same from time to time by the	6065
issuance of new notes. The holders of such notes or interest	6066
coupons pertaining thereto shall have a right to be paid solely	6067
from the pledged receipts and special funds that may be pledged to	6068
the payment of the bonds anticipated, or from the proceeds of such	6069
bonds or renewal notes, or both, as the issuing authority provides	6070
in the resolution or order authorizing such notes. Such notes may	6071
be additionally secured by covenants of the issuing authority to	6072
the effect that the issuing authority and the state will do such	6073
or all things necessary for the issuance of such bonds or renewal	6074
notes in appropriate amount, and apply the proceeds thereof to the	6075
extent necessary, to make full payment of the principal of and	6076
interest on such notes at the time or times contemplated, as	6077
provided in such resolution or order. For such purpose, the	6078
issuing authority may issue bonds or renewal notes in such	6079
principal amount and upon such terms as may be necessary to	6080
provide funds to pay when required the principal of and interest	6081
on such notes, notwithstanding any limitations prescribed by or	6082
for purposes of this section. Subject to this division, all	6083
provisions for and references to obligations in this section are	6084
applicable to notes authorized under this division.	6085

The issuing authority in the bond proceedings authorizing the	6086
issuance of bond anticipation notes shall set forth for such bonds	6087
an estimated interest rate and a schedule of principal payments	6088
for such bonds and the annual maturity dates thereof, and for	6089
purposes of any limitation on bond service charges prescribed	6090
under division (A) of section 166.11 of the Revised Code, the	6091
amount of bond service charges on such bond anticipation notes is	6092
deemed to be the bond service charges for the bonds anticipated	6093
thereby as set forth in the bond proceedings applicable to such	6094
notes, but this provision does not modify any authority in this	6095
section to pledge receipts and special funds to, and covenant to	6096
issue bonds to fund, the payment of principal of and interest and	6097
any premium on such notes.	6098

(N) Obligations issued under this section are lawful	6099
investments for banks, societies for savings, savings and loan	6100
associations, deposit guarantee associations, trust companies,	6101
trustees, fiduciaries, insurance companies, including domestic for	6102
life and domestic not for life, trustees or other officers having	6103
charge of sinking and bond retirement or other special funds of	6104
political subdivisions and taxing districts of this state, the	6105
commissioners of the sinking fund of the state, the administrator	6106
of workers' compensation, the state teachers retirement system,	6107
the public employees retirement system, the school employees	6108
retirement system, and the Ohio police and fire pension fund,	6109
notwithstanding any other provisions of the Revised Code or rules	6110
adopted pursuant thereto by any governmental agency of the state	6111
with respect to investments by them, and are also acceptable as	6112
security for the deposit of public moneys.	6113

(O) Unless otherwise provided in any applicable bond	6114
proceedings, moneys to the credit of or in the special funds	6115
established by or pursuant to this section may be invested by or	6116
on behalf of the issuing authority only in notes, bonds, or other	6117
obligations of the United States, or of any agency or	6118
instrumentality of the United States, obligations guaranteed as to	6119
principal and interest by the United States, obligations of this	6120
state or any political subdivision of this state, and certificates	6121
of deposit of any national bank located in this state and any	6122
bank, as defined in section 1101.01 of the Revised Code, subject	6123
to inspection by the superintendent of banks. If the law or the	6124
instrument creating a trust pursuant to division (J) of this	6125
section expressly permits investment in direct obligations of the	6126
United States or an agency of the United States, unless expressly	6127
prohibited by the instrument, such moneys also may be invested in	6128
no-front-end-load money market mutual funds consisting exclusively	6129
of obligations of the United States or an agency of the United	6130
States and in repurchase agreements, including those issued by the	6131
fiduciary itself, secured by obligations of the United States or	6132
an agency of the United States; and in common trust funds	6133
established in accordance with section 1111.20 of the Revised Code	6134
and consisting exclusively of any such securities, notwithstanding	6135
division (A)(4) of that section. The income from such investments	6136
shall be credited to such funds as the issuing authority	6137
determines, and such investments may be sold at such times as the	6138
issuing authority determines or authorizes.	6139

(P) Provision may be made in the applicable bond proceedings	6140
for the establishment of separate accounts in the bond service	6141
fund and for the application of such accounts only to the	6142
specified bond service charges on obligations pertinent to such	6143
accounts and bond service fund and for other accounts therein	6144
within the general purposes of such fund. Unless otherwise	6145
provided in any applicable bond proceedings, moneys to the credit	6146
of or in the several special funds established pursuant to this	6147
section shall be disbursed on the order of the treasurer of state,	6148
provided that no such order is required for the payment from the	6149
bond service fund when due of bond service charges on obligations.	6150

(Q) The issuing authority may pledge all, or such portion as	6151
the issuing authority determines, of the pledged receipts to the	6152
payment of bond service charges on obligations issued under this	6153
section, and for the establishment and maintenance of any	6154
reserves, as provided in the bond proceedings, and make other	6155
provisions therein with respect to pledged receipts as authorized	6156
by this chapter, which provisions are controlling notwithstanding	6157
any other provisions of law pertaining thereto.	6158

(R) The issuing authority may covenant in the bond	6159
proceedings, and any such covenants are controlling	6160
notwithstanding any other provision of law, that the state and	6161
applicable officers and governmental agencies of the state,	6162
including the general assembly, so long as any obligations are	6163
outstanding, shall:	6164

(1) Maintain statutory authority for and cause to be charged	6165
and collected wholesale and retail prices for spirituous liquor	6166
sold by the state or its agents so that the pledged receipts are	6167
sufficient in amount to meet bond service charges, and the	6168
establishment and maintenance of any reserves and other	6169
requirements provided for in the bond proceedings, and, as	6170
necessary, to meet covenants contained in contracts of guarantee	6171
made under section 166.06 of the Revised Code;	6172

(2) Take or permit no action, by statute or otherwise, that	6173
would impair the exemption from federal income taxation of the	6174
interest on the obligations.	6175

(S) There is hereby created the economic development bond	6176
service fund, which shall be in the custody of the treasurer of	6177
state but shall be separate and apart from and not a part of the	6178
state treasury. All moneys received by or on account of the	6179
issuing authority or state agencies and required by the applicable	6180
bond proceedings, consistent with this section, to be deposited,	6181
transferred, or credited to a bond service fund or the economic	6182
development bond service fund, and all other moneys transferred or	6183
allocated to or received for the purposes of the fund, shall be	6184
deposited and credited to such fund and to any separate accounts	6185
therein, subject to applicable provisions of the bond proceedings,	6186
but without necessity for any act of appropriation. During the	6187
period beginning with the date of the first issuance of	6188
obligations and continuing during such time as any such	6189
obligations are outstanding, and so long as moneys in the	6190
pertinent bond service funds are insufficient to pay all bond	6191
services charges on such obligations becoming due in each year, a	6192
sufficient amount of the gross profit on the sale of spirituous	6193
liquor included in pledged receipts are committed and shall be	6194
paid to the bond service fund or economic development bond service	6195
fund in each year for the purpose of paying the bond service	6196
charges becoming due in that year without necessity for further	6197
act of appropriation for such purpose and notwithstanding anything	6198
to the contrary in Chapter 4301. of the Revised Code. The	6199
economic development bond service fund is a trust fund and is	6200
hereby pledged to the payment of bond service charges to the	6201
extent provided in the applicable bond proceedings, and payment	6202
thereof from such fund shall be made or provided for by the	6203
treasurer of state in accordance with such bond proceedings	6204
without necessity for any act of appropriation.	6205

(T) The obligations, the transfer thereof, and the income	6206
therefrom, including any profit made on the sale thereof, shall at	6207
all times be free from taxation within the state.	6208

Sec. 173.04. (A) As used in this section, "respite care"	6209
means short-term, temporary care or supervision provided to a	6210
person who has Alzheimer's disease in the absence of the person	6211
who normally provides that care or supervision.	6212

(B) ~~The~~Through the internet web site maintained by the	6213
department of aging, the director of aging shall ~~develop and~~	6214
disseminate ~~new training materials or disseminate existing~~	6215
Alzheimer's disease training materials for licensed physicians,	6216
registered nurses, licensed practical nurses, administrators of	6217
health care programs, social workers, and other health care and	6218
social service personnel who participate or assist in the care or	6219
treatment of persons who have Alzheimer's disease. The training	6220
materials disseminated through the web site may be developed by	6221
the director or obtained from other sources.	6222

(C) To the extent funds are available, the director shall	6223
administer respite care programs and other supportive services for	6224
persons who have Alzheimer's disease and their families or care	6225
givers. Respite care programs shall be approved by the director	6226
and shall be provided for the following purposes:	6227

(1) Giving persons who normally provide care or supervision	6228
for a person who has Alzheimer's disease relief from the stresses	6229
and responsibilities that result from providing such care;	6230

(2) Preventing or reducing inappropriate institutional care	6231
and enabling persons who have Alzheimer's disease to remain at	6232
home as long as possible.	6233

(D) The director may provide services under this section to	6234
persons with Alzheimer's disease and their families regardless of	6235
the age of the persons with Alzheimer's disease.	6236

(E) The director shall adopt rules in accordance with Chapter	6237
119. of the Revised Code governing respite care programs and other	6238
supportive services, the distribution of funds, and the purpose	6239
for which funds may be utilized under this section.	6240

(F) The director may create an Alzheimer's disease and	6241
related disorders task force to advise the director on the	6242
following:	6243

(1) The rights of persons with Alzheimer's disease ~~and on the~~	6244
and related disorders;	6245

(2) The development and evaluation of education and training	6246
programs, home care programs, and respite care programs~~, and~~	6247
~~long-term care initiatives as they relate to~~that serve persons	6248
with Alzheimer's disease and related disorders;	6249

(3) How to serve persons with Alzheimer's disease and related	6250
disorders in Ohio's unified long-term care budget system. If	6251

If a task force is created, the members shall include	6252
representatives of the Alzheimer's disease association and other	6253
organizations the director considers appropriate.	6254

Sec. 173.35. (A) As used in this section, "PASSPORT	6255
administrative agency" means an entity under contract with the	6256
department of aging to provide administrative services regarding	6257
the PASSPORT program created under section 173.40 of the Revised	6258
Code.	6259

(B) The department of aging shall administer the residential	6260
state supplement program under which the state supplements the	6261
supplemental security income payments received by aged, blind, or	6262
disabled adults under Title XVI of the "Social Security Act," 49	6263
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	6264
supplement payments shall be used for the provision of	6265
accommodations, supervision, and personal care services to	6266
supplemental security income recipients who the department	6267
determines are at risk of needing institutional care.	6268

(C) For an individual to be eligible for residential state	6269
supplement payments, all of the following must be the case:	6270

(1) Except as provided by division (G) of this section, the	6271
individual must reside in one of the following:	6272

(a) An adult foster home certified under section 173.36 of	6273
the Revised Code;	6274

(b) A home or facility, other than a nursing home or nursing	6275
home unit of a home for the aging, licensed by the department of	6276
health under Chapter 3721. or 3722. of the Revised Code and	6277
certified in accordance with standards established by the director	6278
of aging under division (D)(2) of this section;	6279

(c) A community alternative home licensed under section	6280
3724.03 of the Revised Code and certified in accordance with	6281
standards established by the director of aging under division	6282
(D)(2) of this section;	6283

(d) A residential facility as defined in division	6284
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	6285
the department of mental health and certified in accordance with	6286
standards established by the director of aging under division	6287
(D)(2) of this section;	6288

(e) An apartment or room used to provide community mental	6289
health housing services certified by the department of mental	6290
health under section 5119.611 of the Revised Code and approved by	6291
a board of alcohol, drug addiction, and mental health services	6292
under division (A)(14) of section 340.03 of the Revised Code and	6293
certified in accordance with standards established by the director	6294
of aging under division (D)(2) of this section.	6295

(2) Effective July 1, 2000, a PASSPORT administrative agency	6296
must have determined that the environment in which the individual	6297
will be living while receiving the payments is appropriate for the	6298
individual's needs. If the individual is eligible for supplemental	6299
security income payments or social security disability insurance	6300
benefits because of a mental disability, the PASSPORT	6301
administrative agency shall refer the individual to a community	6302
mental health agency for the community mental health agency to	6303
issue in accordance with section 340.091 of the Revised Code a	6304
recommendation on whether the PASSPORT administrative agency	6305
should determine that the environment in which the individual will	6306
be living while receiving the payments is appropriate for the	6307
individual's needs. Division (C)(2) of this section does not apply	6308
to an individual receiving residential state supplement payments	6309
on June 30, 2000, until the individual's first eligibility	6310
redetermination after that date.	6311

(3) The individual satisfies all eligibility requirements	6312
established by rules adopted under division (D) of this section.	6313

(D)(1) The directors of aging and job and family services	6314
shall adopt rules in accordance with section 111.15 of the Revised	6315
Code as necessary to implement the residential state supplement	6316
program.	6317

To the extent permitted by Title XVI of the "Social Security	6318
Act," and any other provision of federal law, the director of job	6319
and family services shall adopt rules establishing standards for	6320
adjusting the eligibility requirements concerning the level of	6321
impairment a person must have so that the amount appropriated for	6322
the program by the general assembly is adequate for the number of	6323
eligible individuals. The rules shall not limit the eligibility of	6324
disabled persons solely on a basis classifying disabilities as	6325
physical or mental. The director of job and family services also	6326
shall adopt rules that establish eligibility standards for aged,	6327
blind, or disabled individuals who reside in one of the homes or	6328
facilities specified in division (C)(1) of this section but who,	6329
because of their income, do not receive supplemental security	6330
income payments. The rules may provide that these individuals may	6331
include individuals who receive other types of benefits,	6332
including, social security disability insurance benefits provided	6333
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	6334
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	6335
section, such payments may be made if funds are available for	6336
them.	6337

The director of aging shall adopt rules establishing the	6338
method to be used to determine the amount an eligible individual	6339
will receive under the program. The amount the general assembly	6340
appropriates for the program shall be a factor included in the	6341
method that department establishes.	6342

(2) The director of aging shall adopt rules in accordance	6343
with Chapter 119. of the Revised Code establishing standards for	6344
certification of living facilities described in division (C)(1) of	6345
this section.	6346

The directors of aging and mental health shall enter into an	6347
agreement to certify facilities that apply for certification and	6348
meet the standards established by the director of aging under this	6349
division.	6350

(E) The county department of job and family services of the	6351
county in which an applicant for the residential state supplement	6352
program resides shall determine whether the applicant meets income	6353
and resource requirements for the program.	6354

(F) The department of aging shall maintain a waiting list of	6355
any individuals eligible for payments under this section but not	6356
receiving them because moneys appropriated to the department for	6357
the purposes of this section are insufficient to make payments to	6358
all eligible individuals. An individual may apply to be placed on	6359
the waiting list even though the individual does not reside in one	6360
of the homes or facilities specified in division (C)(1) of this	6361
section at the time of application. ~~The~~Individuals on the waiting	6362
list who reside in a community setting not required to be licensed	6363
or certified shall have their eligibility for the payments	6364
assessed before other individuals on the waiting list.	6365

The director of aging, by rules adopted in accordance with	6366
Chapter 119. of the Revised Code, shall specify procedures and	6367
requirements for placing an individual on the waiting list.	6368
~~Individuals on the waiting list who reside in a community setting~~	6369
~~not required to be licensed or certified shall have their~~	6370
~~eligibility for the payments assessed before other individuals on~~	6371
~~the waiting list.~~	6372

The director may adopt rules giving priority to individuals	6373
placed on the waiting list on or after July 1, 2006, who receive	6374
supplemental security income benefits under Title XVI of the	6375
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as	6376
amended. The rules shall not affect the place on the waiting list	6377
of any person who was on the list on July 1, 2006.	6378

(G) An individual in a licensed or certified living	6379
arrangement receiving state supplementation on November 15, 1990,	6380
under former section 5101.531 of the Revised Code shall not become	6381
ineligible for payments under this section solely by reason of the	6382
individual's living arrangement as long as the individual remains	6383
in the living arrangement in which the individual resided on	6384
November 15, 1990.	6385

(H) The department of aging shall notify each person denied	6386
approval for payments under this section of the person's right to	6387
a hearing. On request, the hearing shall be provided by the	6388
department of job and family services in accordance with section	6389
5101.35 of the Revised Code.	6390

Sec. 173.351. (A) As used in this section:

6391

"Area agency on aging" has the same meaning as in section	6392
173.14 of the Revised Code.	6393

"Long-term care consultation program" means the program the	6394
department of aging is required to develop under section 173.42 of	6395
the Revised Code.	6396

"Long-term care consultation program administrator" or	6397
"administrator" means the department of aging or, if the	6398
department contracts with an area agency on aging or other entity	6399
to administer the long-term care consultation program for a	6400
particular area, that agency or entity.	6401

"Nursing facility" has the same meaning as in section 5111.20	6402
of the Revised Code.	6403

"Residential state supplement program" means the program	6404
administered pursuant to section 173.35 of the Revised Code.	6405

(B) Each month, each area agency on aging shall determine	6406
whether individuals who reside in the area that the area agency on	6407
aging serves and are on a waiting list for the residential state	6408
supplement program have been admitted to a nursing facility. If an	6409
area agency on aging determines that such an individual has been	6410
admitted to a nursing facility, the agency shall notify the	6411
long-term care consultation program administrator serving the area	6412
in which the individual resides about the determination. The	6413
administrator shall determine whether the residential state	6414
supplement program is appropriate for the individual and whether	6415
the individual would rather participate in the program than	6416
continue residing in the nursing facility. If the administrator	6417
determines that the residential state supplement program is	6418
appropriate for the individual and the individual would rather	6419
participate in the program than continue residing in the nursing	6420
facility, the administrator shall so notify the department of	6421
aging. On receipt of the notice from the administrator, the	6422
department of aging shall approve the individual's enrollment in	6423
the residential state supplement program regardless of the	6424
program's waiting list and even though the enrollment causes	6425
enrollment in the program to exceed the limit that would otherwise	6426
apply. Each quarter, the department of aging shall certify to the	6427
director of budget and management the estimated increase in costs	6428
of the residential state supplement program resulting from	6429
enrollment of individuals in the program pursuant to this section.	6430

(C) Not later than the last day of each calendar year, the	6431
director of aging shall submit to the general assembly a report	6432
regarding the number of individuals enrolled in the residential	6433
state supplement program pursuant to this section and the costs	6434
incurred and savings achieved as a result of the enrollments.	6435

Sec. 173.401. (A) As used in this section:

6436

"Area agency on aging" has the same meaning as in section	6437
173.14 of the Revised Code.	6438

"Long-term care consultation program" means the program the	6439
department of aging is required to develop under section 173.42 of	6440
the Revised Code.	6441

"Long-term care consultation program administrator" or	6442
"administrator" means the department of aging or, if the	6443
department contracts with an area agency on aging or other entity	6444
to administer the long-term care consultation program for a	6445
particular area, that agency or entity.	6446

"Nursing facility" has the same meaning as in section 5111.20	6447
of the Revised Code.	6448

"PASSPORT program" means the program created under section	6449
173.40 of the Revised Code.	6450

"PASSPORT waiver" means the federal medicaid waiver granted	6451
by the United States secretary of health and human services that	6452
authorizes the PASSPORT program.	6453

(B) The director of job and family services shall submit to	6454
the United States secretary of health and human services an	6455
amendment to the PASSPORT waiver that authorizes additional	6456
enrollments in the PASSPORT program pursuant to this section.	6457
Beginning with the month following the month in which the United	6458
States secretary approves the amendment and each month thereafter,	6459
each area agency on aging shall determine whether individuals who	6460
reside in the area that the area agency on aging serves and are on	6461
a waiting list for the PASSPORT program have been admitted to a	6462
nursing facility. If an area agency on aging determines that such	6463
an individual has been admitted to a nursing facility, the agency	6464
shall notify the long-term care consultation program administrator	6465
serving the area in which the individual resides about the	6466
determination. The administrator shall determine whether the	6467
PASSPORT program is appropriate for the individual and whether the	6468
individual would rather participate in the PASSPORT program than	6469
continue residing in the nursing facility. If the administrator	6470
determines that the PASSPORT program is appropriate for the	6471
individual and the individual would rather participate in the	6472
PASSPORT program than continue residing in the nursing facility,	6473
the administrator shall so notify the department of aging. On	6474
receipt of the notice from the administrator, the department of	6475
aging shall approve the individual's enrollment in the PASSPORT	6476
program regardless of the PASSPORT program's waiting list and even	6477
though the enrollment causes enrollment in the program to exceed	6478
the limit that would otherwise apply. Each quarter, the department	6479
of aging shall certify to the director of budget and management	6480
the estimated increase in costs of the PASSPORT program resulting	6481
from enrollment of individuals in the PASSPORT program pursuant to	6482
this section.	6483

(C) Not later than the last day of each calendar year, the	6484
director of job and family services shall submit to the general	6485
assembly a report regarding the number of individuals enrolled in	6486
the PASSPORT program pursuant to this section and the costs	6487
incurred and savings achieved as a result of the enrollments.	6488

Sec. 173.85. (A) The Ohio's best Rx program fund is hereby	6489
created~~. The fund shall be~~ in ~~the custody of the treasurer of~~	6490
~~state, but shall not be part of~~ the state treasury. The fund	6491
shall consist of the following:	6492

(1) Manufacturer payments made by participating manufacturers	6493
pursuant to agreements entered into under section 173.81 of the	6494
Revised Code;	6495

(2) Administrative fees, if an administrative fee is	6496
determined by the department of aging in rules adopted under	6497
section 173.83 of the Revised Code;	6498

(3) Any amounts donated to the fund and accepted by the	6499
department;	6500

(4) The fund's investment earnings.

6501

(B) Money in the Ohio's best Rx program fund shall be used to	6502
make payments under section 173.801 of the Revised Code and to	6503
make transfers to the Ohio's best Rx administration fund in	6504
accordance with section 173.86 of the Revised Code.	6505

Sec. 173.86. (A) The Ohio's best Rx administration fund is	6506
hereby created in the state treasury. The ~~treasurer of state~~	6507
director of budget and management shall transfer from the Ohio's	6508
best Rx program fund to the Ohio's best Rx administration fund	6509
amounts equal to the following:	6510

(1) Amounts resulting from application of the program	6511
administration percentage, if a program administration percentage	6512
is determined by the department of aging in rules adopted under	6513
section 173.83 of the Revised Code;	6514

(2) The amount of the administrative fees charged Ohio's best	6515
Rx participants, if an administrative fee is determined by the	6516
department of aging in rules adopted under section 173.83 of the	6517
Revised Code;	6518

(3) The amount of any donations credited to the Ohio's best	6519
Rx program fund;	6520

(4) The amount of investment earnings credited to the Ohio's	6521
best Rx program fund.	6522

The ~~treasurer of state~~director of budget and management	6523
shall make the transfers in accordance with a schedule developed	6524
by the ~~treasurer of state~~director and the department of aging.	6525

(B) The department of aging shall use money in the Ohio's	6526
best Rx administration fund to pay the administrative costs of the	6527
Ohio's best Rx program, including, but not limited to, costs	6528
associated with contracted services, staff, outreach activities,	6529
computers and network services, and the Ohio's best Rx program	6530
council. If the fund includes an amount that exceeds the amount	6531
necessary to pay the administrative costs of the program, the	6532
department may use the excess amount to pay the cost of subsidies	6533
provided to Ohio's best Rx program participants under any subsidy	6534
program established pursuant to section 173.861 of the Revised	6535
Code.	6536

Sec. 174.03. (A) The department of development and the Ohio	6537
housing finance agency shall each develop programs under which, in	6538
accordance with rules adopted under this section, they may make	6539
grants, loans, loan guarantees, and loan subsidies to counties,	6540
municipal corporations, townships, local housing authorities, and	6541
nonprofit organizations and may make loans, loan guarantees, and	6542
loan subsidies to private developers and private lenders to assist	6543
in activities that provide housing and housing assistance for	6544
specifically targeted low- and moderate-income families and	6545
individuals. There is no minimum housing project size for awards	6546
under this division for any project that is developed for a	6547
special needs population and that is supported by a social service	6548
agency where the housing project is located. Activities for which	6549
grants, loans, loan guarantees, and loan subsidies may be made	6550
under this section include all of the following:	6551

(1) Acquiring, financing, constructing, leasing,	6552
rehabilitating, remodeling, improving, and equipping publicly or	6553
privately owned housing;	6554

(2) Providing supportive services related to housing and the	6555
homeless, including housing counseling. Not more than twenty per	6556
cent of the current year appropriation authority for the low- and	6557
moderate-income housing trust fund that remains after the award of	6558
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of	6559
section 174.02 of the Revised Code, shall be awarded in any fiscal	6560
year for supportive services.	6561

(3) Providing rental assistance payments or other project	6562
operating subsidies that lower tenant rents.	6563

(B) Activities listed under division (A) of this section may	6564
include emergency shelter care programs for unaccompanied youth	6565
seventeen years of age and younger.	6566

(C) Grants, loans, loan guarantees, and loan subsidies may be	6567
made to counties, municipal corporations, townships, and nonprofit	6568
organizations for the additional purposes of providing technical	6569
assistance, design and finance services and consultation, and	6570
payment of pre-development and administrative costs related to any	6571
of the activities listed above.	6572

~~(C)~~(D) In developing programs under this section, the	6573
department and the agency shall invite, accept, and consider	6574
public comment, and recommendations from the housing trust fund	6575
advisory committee created under section 174.06 of the Revised	6576
Code, on how the programs should be designed to most effectively	6577
benefit low- and moderate-income families and individuals. The	6578
programs developed under this section shall respond collectively	6579
to housing and housing assistance needs of low- and	6580
moderate-income families and individuals statewide.	6581

~~(D)~~(E) The department and the agency, in accordance with	6582
Chapter 119. of the Revised Code, shall each adopt rules to	6583
administer programs developed under this section. The rules shall	6584
prescribe procedures and forms that counties, municipal	6585
corporations, townships, local housing authorities, and nonprofit	6586
organizations shall use in applying for grants, loans, loan	6587
guarantees, and loan subsidies and that private developers and	6588
private lenders shall use in applying for loans, loan guarantees,	6589
and loan subsidies; eligibility criteria for the receipt of funds;	6590
procedures for reviewing and granting or denying applications;	6591
procedures for paying out funds; conditions on the use of funds;	6592
procedures for monitoring the use of funds; and procedures under	6593
which a recipient shall be required to repay funds that are	6594
improperly used. The rules shall do both of the following:	6595

(1) Require each recipient of a grant or loan made from the	6596
low- and moderate-income housing trust fund for activities that	6597
provide, or assist in providing, a rental housing project, to	6598
reasonably ensure that the rental housing project will remain	6599
affordable to those families and individuals targeted for the	6600
rental housing project for the useful life of the rental housing	6601
project or for thirty years, whichever is longer;	6602

(2) Require each recipient of a grant or loan made from the	6603
low- and moderate-income housing trust fund for activities that	6604
provide, or assist in providing, a housing project to prepare and	6605
implement a plan to reasonably assist any families and individuals	6606
displaced by the housing project in obtaining decent affordable	6607
housing.	6608

~~(E)~~(F) In prescribing eligibility criteria and conditions for	6609
the use of funds, neither the department nor the agency is limited	6610
to the criteria and conditions specified in this section and each	6611
may prescribe additional eligibility criteria and conditions that	6612
relate to the purposes for which grants, loans, loan guarantees,	6613
and loan subsidies may be made. However, the department and agency	6614
are limited by the following specifically targeted low- and	6615
moderate-income guidelines:	6616

(1) Not less than seventy-five per cent of the money granted	6617
and loaned under this section in any fiscal year shall be for	6618
activities that provide affordable housing and housing assistance	6619
to families and individuals whose incomes are equal to or less	6620
than fifty per cent of the median income for the county in which	6621
they live, as determined by the department under section 174.04	6622
of the Revised Code.	6623

(2) Any money granted and loaned under this section in any	6624
fiscal year that is not granted or loaned pursuant to division	6625
~~(E)~~(F)(1) of this section shall be for activities that provide	6626
affordable housing and housing assistance to families and	6627
individuals whose incomes are equal to or less than eighty per	6628
cent of the median income for the county in which they live, as	6629
determined by the department under section 174.04 of the Revised	6630
Code.	6631

~~(F)~~(G) In making grants, loans, loan guarantees, and loan	6632
subsidies under this section, the department and the agency shall	6633
give preference to viable projects and activities that benefit	6634
those families and individuals whose incomes are equal to or less	6635
than thirty-five per cent of the median income for the county in	6636
which they live, as determined by the department under section	6637
174.04 of the Revised Code.	6638

~~(G)~~(H) The department and the agency shall monitor the	6639
programs developed under this section to ensure that money granted	6640
and loaned under this section is not used in a manner that	6641
violates division (H) of section 4112.02 of the Revised Code or	6642
discriminates against families with children.	6643

Sec. 174.06. (A) There is hereby created the housing trust	6644
fund advisory committee. The committee consists of fourteen	6645
members the governor appoints as follows to represent	6646
organizations committed to housing and housing assistance for low-	6647
and moderate-income persons:	6648

(1) One member to represent lenders.

6649

(2) One member to represent for-profit builders and	6650
developers.	6651

(3) One member to represent the families and individuals	6652
included in the income groups targeted for housing and housing	6653
assistance under divisions ~~(E) and~~ (F) and (G) of section 174.03	6654
of the Revised Code.	6655

(4) One member to represent religious, civic, or social	6656
service organizations.	6657

(5) One member to represent counties.

6658

(6) One member to represent municipal corporations.

6659

(7) One member to represent townships.

6660

(8) One member to represent local housing authorities.

6661

(9) One member to represent fair housing organizations.

6662

(10) Three members to represent nonprofit organizations.

6663

(11) One member to represent real estate brokers licensed	6664
under Chapter 4735. of the Revised Code.	6665

(12) One member to represent the for-profit rental housing	6666
industry.	6667

(B)(1) Terms of office are for four years, with each term	6668
ending on the same day of the same month as did the term that it	6669
succeeds. Each member shall hold office from the date of	6670
appointment until the end of the term for which the member was	6671
appointed. Vacancies shall be filled in the manner prescribed for	6672
the original appointment. A member appointed to fill a vacancy	6673
occurring prior to the expiration of a term shall hold office for	6674
the remainder of that term. A member shall continue in office	6675
subsequent to the expiration of a term until a successor takes	6676
office or until a period of sixty days has elapsed, whichever	6677
occurs first.	6678

(2) The governor may remove a member for misfeasance,	6679
malfeasance, or willful neglect of duty.	6680

(C)(1) The committee shall select a chairperson from among	6681
its members. The committee shall meet at least once each calendar	6682
year and upon the call of the chair. Members of the committee	6683
serve without compensation, but shall be reimbursed for reasonable	6684
and necessary expenses incurred in the discharge of duties.	6685

(2) The department of development shall provide the committee	6686
with a meeting place, supplies, and staff assistance as the	6687
committee requests.	6688

(D) The committee shall assist the department and the Ohio	6689
housing finance agency in defining housing needs and priorities,	6690
recommend to the department and agency at least annually how the	6691
programs developed under section 174.02 of the Revised Code should	6692
be designed to most effectively benefit low- and moderate-income	6693
persons, consider an allocation of funds for projects of fifteen	6694
units or less, and advise the director of development on whether	6695
and how to reallocate money in the low- and moderate-income	6696
housing trust fund under division (B) of section 174.02 of the	6697
Revised Code.	6698

Sec. 183.01. As used in this chapter:

6699

(A) "Tobacco master settlement agreement" means the	6700
settlement agreement (and related documents) entered into on	6701
November 23, 1998 by the state and leading United States tobacco	6702
product manufacturers.	6703

(B) ~~"Net amounts credited to the tobacco master settlement~~	6704
~~agreement fund" means all amounts credited to the tobacco master~~	6705
~~settlement agreement fund during a fiscal year, minus all amounts~~	6706
~~required to be transferred under section 183.02 of the Revised~~	6707
~~Code to the education facilities trust fund, the education~~	6708
~~facilities endowment fund, and the income tax reduction fund~~	6709
~~during the fiscal year. In addition, in fiscal year 2000, "net~~	6710
~~amounts credited to the tobacco master settlement agreement fund"~~	6711
~~does not include amounts credited to the tobacco use prevention~~	6712
~~and cessation trust fund, law enforcement improvements trust fund,~~	6713
~~and southern Ohio agricultural and community development trust~~	6714
~~fund from the first payment received that year.~~	6715

~~(C)~~ "Southern Ohio" includes any county in this state where	6716
tobacco has traditionally been grown.	6717

Sec. 183.021. (A) No money from the tobacco master	6718
settlement agreement fund, as that fund existed prior to the	6719
repeal of section 183.02 of the Revised Code by H.B. 119 of the	6720
127th general assembly, shall be expended to do any of the	6721
following:	6722

(1) Hire an executive agency lobbyist, as defined under	6723
section 121.60 of the Revised Code, or a legislative agent, as	6724
defined under section 101.70 of the Revised Code;	6725

(2) Support or oppose candidates, ballot questions,	6726
referendums, or ballot initiatives.	6727

(B) Nothing in this section prohibits any of the following	6728
from advocating on behalf of the specific objectives of a program	6729
funded under this chapter:	6730

(1) The members of the board of trustees, executive director,	6731
or employees of the tobacco use prevention and control foundation;	6732

(2) The members of the board of trustees, executive director,	6733
or employees of the southern Ohio agricultural and community	6734
development foundation;	6735

(3) The members or employees of the third frontier commission	6736
or the members of the third frontier advisory board.	6737

Sec. 183.17. The fiscal year of the southern Ohio	6738
agricultural and community development foundation shall be the	6739
same as the fiscal year of the state.	6740

Within ninety days after the end of each fiscal year, the	6741
foundation shall submit to the governor and the general assembly	6742
both of the following:	6743

(A) A report of the activities of the foundation during the	6744
preceding fiscal year. The report shall also contain an	6745
independent evaluation of the progress being made by the	6746
foundation in carrying out its duties.	6747

(B) A financial report of the foundation for the preceding	6748
year, which shall include both:	6749

(1) Information on the amount and percentage of overhead and	6750
administrative expenditures compared to programmatic expenditures;	6751

(2) An independent auditor's report on the basic financial	6752
statements and required supplementary information of the	6753
foundation. Such financial statements shall be prepared in	6754
conformity with generally accepted accounting principles	6755
prescribed for governmental entities.	6756

On or before July 1, 2010, the foundation shall report to the	6757
governor and the general assembly on the progress that the	6758
foundation has made in replacing the production of tobacco in	6759
southern Ohio with the production of other agricultural products	6760
and in mitigating the adverse economic impact of reduced tobacco	6761
production in the region. ~~If the foundation concludes that a need~~	6762
~~for additional funding still exists, the foundation may request~~	6763
~~that provision be made for a portion of the payments credited to~~	6764
~~the tobacco master settlement agreement fund to continue to be~~	6765
~~transferred to the southern Ohio agricultural and community~~	6766
~~development trust fund.~~	6767

Sec. 183.33. No money shall be appropriated or transferred	6768
from the general revenue fund to the ~~tobacco master settlement~~	6769
~~agreement fund,~~ tobacco use prevention and cessation trust fund,	6770
tobacco use prevention and control endowment fund, law enforcement	6771
improvements trust fund, southern Ohio agricultural and community	6772
development trust fund, southern Ohio agricultural and community	6773
development foundation endowment fund, Ohio's public health	6774
priorities trust fund, biomedical research and technology transfer	6775
trust fund, education facilities trust fund, ~~education facilities~~	6776
~~endowment fund,~~ or education technology trust fund. In addition,	6777
no money shall be otherwise appropriated or transferred from the	6778
general revenue fund for the use of the tobacco use prevention and	6779
control foundation ~~or the southern Ohio agricultural and community~~	6780
~~development foundation~~.	6781

Sec. 183.34. There is hereby created in the state treasury	6782
the tobacco settlement oversight, administration, and enforcement	6783
fund, to which shall ~~be credited~~consist of amounts transferred	6784
under division (I) of section 183.02 of the Revised Code prior to	6785
the repeal of that section by H.B. 119 of the 127th general	6786
assembly. The attorney general shall use the fund to pay costs	6787
incurred in the oversight, administration, and enforcement of the	6788
tobacco master settlement agreement.	6789

Sec. 183.35. There is hereby created in the state treasury	6790
the tobacco settlement enforcement fund, to which shall be	6791
~~credited~~consist of amounts transferred under division (J) of	6792
section 183.02 of the Revised Code prior to the repeal of that	6793
section by H.B. 119 of the 127th general assembly. The tax	6794
commissioner shall use the fund to pay costs incurred in the	6795
enforcement of divisions (F) and (G) of section 5743.03 of the	6796
Revised Code.	6797

Sec. 183.51. (A) As used in this section and in the	6798
applicable bond proceedings unless otherwise provided:	6799

(1) "Bond proceedings" means the resolutions, orders,	6800
indentures, purchase and sale and trust and other agreements	6801
including any amendments or supplements to them, and credit	6802
enhancement facilities, and amendments and supplements to them, or	6803
any one or more or combination of them, authorizing, awarding, or	6804
providing for the terms and conditions applicable to or providing	6805
for the security or liquidity of, the particular obligations, and	6806
the provisions contained in those obligations.	6807

(2) "Bond service fund" means the bond service fund created	6808
in the bond proceedings for the obligations.	6809

(3) "Capital facilities" means, as applicable, capital	6810
facilities or projects as referred to in section 151.03 or 151.04	6811
of the Revised Code.	6812

(4) "Consent decree" means the consent decree and final	6813
judgment entered November 25, 1998, in the court of common pleas	6814
of Franklin county, Ohio, as the same may be amended or	6815
supplemented from time to time.	6816

(5) "Cost of capital facilities" has the same meaning as in	6817
section 151.01 of the Revised Code, as applicable.	6818

(6) "Credit enhancement facilities," "financing costs," and	6819
"interest" or "interest equivalent" have the same meanings as in	6820
section 133.01 of the Revised Code.	6821

(7) "Debt service" means principal, including any mandatory	6822
sinking fund or redemption requirements for retirement of	6823
obligations, interest and other accreted amounts, interest	6824
equivalent, and any redemption premium, payable on obligations. If	6825
not prohibited by the applicable bond proceedings, "debt service"	6826
may include costs relating to credit enhancement facilities that	6827
are related to and represent, or are intended to provide a source	6828
of payment of or limitation on, other debt service.	6829

(8) "Improvement fund" means, as applicable, the school	6830
building program assistance fund created in section 3318.25 of the	6831
Revised Code and the higher education improvement fund created in	6832
section 154.21 of the Revised Code.	6833

(9) "Issuing authority" means the buckeye tobacco settlement	6834
financing authority created in section 183.52 of the Revised Code.	6835

(10) "Net proceeds" means amounts received from the sale of	6836
obligations, excluding amounts used to refund or retire	6837
outstanding obligations, amounts required to be deposited into	6838
special funds pursuant to the applicable bond proceedings, and	6839
amounts to be used to pay financing costs.	6840

(11) "Obligations" means bonds, notes, or other evidences of	6841
obligation of the issuing authority, including any appertaining	6842
interest coupons, issued by the issuing authority under this	6843
section and Section 2i of Article VIII, Ohio Constitution, for the	6844
purpose of providing funds to the state, in exchange for the	6845
assignment and sale described in division (B) of this section, for	6846
the purpose of paying costs of capital facilities for: (a) housing	6847
branches and agencies of state government limited to facilities	6848
for a system of common schools throughout the state and (b)	6849
state-supported or state-assisted institutions of higher	6850
education.	6851

(12) "Pledged receipts" means, as and to the extent provided	6852
for in the applicable bond proceedings:	6853

(a) Pledged tobacco settlement receipts;

6854

(b) Accrued interest received from the sale of obligations;

6855

6856

(d) Additional or any other specific revenues or receipts	6857
lawfully available to be pledged, and pledged, pursuant to the	6858
bond proceedings, including but not limited to amounts received	6859
under credit enhancement facilities, to the payment of debt	6860
service.	6861

(13) "Pledged tobacco settlement receipts" means all amounts	6862
received by the issuing authority pursuant to division (B) of this	6863
section.	6864

(14) "Principal amount" means the aggregate of the amount as	6865
stated or provided for in the applicable bond proceedings as the	6866
amount on which interest or interest equivalent on particular	6867
obligations is initially calculated. "Principal amount" does not	6868
include any premium paid to the issuing authority by the initial	6869
purchaser of the obligations. "Principal amount" of a capital	6870
appreciation bond, as defined in division (C) of section 3334.01	6871
of the Revised Code, means its original face amount and not its	6872
accreted value, and "principal amount" of a zero coupon bond, as	6873
defined in division (J) of section 3334.01 of the Revised Code,	6874
means the discounted offering price at which the bond is initially	6875
sold to the public, disregarding any purchase price discount to	6876
the original purchaser, if provided in or for pursuant to the bond	6877
proceedings.	6878

(15) "Special funds" or "funds," unless the context indicates	6879
otherwise, means the bond service fund, and any other funds,	6880
including any reserve funds, created under the bond proceedings	6881
and stated to be special funds in those proceedings, including	6882
moneys and investments, and earnings from investments, credited	6883
and to be credited to the particular fund. "Special funds" does	6884
not include any improvement fund or investment earnings on amounts	6885
in any improvement fund, or other funds created by the bond	6886
proceedings that are not stated by those proceedings to be special	6887
funds.	6888

(B) The state may assign and sell to the issuing authority,	6889
and the issuing authority may accept and purchase, all or a	6890
portion of the amounts to be received by the state under the	6891
tobacco master settlement agreement for a purchase price payable	6892
by the issuing authority to the state consisting of the net	6893
proceeds of obligations and any residual interest, if any. Any	6894
such assignment and sale shall be irrevocable in accordance with	6895
its terms during the period any obligations secured by amounts so	6896
assigned and sold are outstanding under the applicable bond	6897
proceedings, and shall constitute a contractual obligation to the	6898
holders or owners of those obligations. Any such assignment and	6899
sale shall also be treated as an absolute transfer and true sale	6900
for all purposes, and not as a pledge or other security interest.	6901
The characterization of any such assignment and sale as a true	6902
sale and absolute transfer shall not be negated or adversely	6903
affected by only a portion of the amounts to be received under the	6904
tobacco master settlement agreement being transferred, the	6905
acquisition or retention by the state of a residual interest, the	6906
participation of any state officer or employee as a member or	6907
officer of, or providing staff support to, the issuing authority,	6908
any responsibility of an officer or employee of the state for	6909
collecting the amounts to be received under the tobacco master	6910
settlement agreement or otherwise enforcing that agreement or	6911
retaining any legal title to or interest in any portion of the	6912
amounts to be received under that agreement for the purpose of	6913
these collection activities, any characterization of the issuing	6914
authority or its obligations for purposes of accounting, taxation,	6915
or securities regulation, or by any other factors whatsoever. A	6916
true sale shall exist under this section regardless of whether the	6917
issuing authority has any recourse against the state or any other	6918
term of the bond proceedings or the treatment or characterization	6919
of the transfer as a financing for any purpose. Upon and following	6920
the assignment and sale, the state shall not have any right,	6921
title, or interest in the portion of the receipts under the	6922
tobacco master settlement agreement so assigned and sold, other	6923
than any residual interest that may be described in the applicable	6924
bond proceedings for those obligations, and that portion, if any,	6925
shall be the property of the issuing authority and not of the	6926
state, and shall be paid directly to the issuing authority, and	6927
shall be owned, received, held, and disbursed by the issuing	6928
authority and not by the state.	6929

The state may covenant, pledge, and agree in the bond	6930
proceedings, with and for the benefit of the issuing authority,	6931
the holders and owners of obligations, and providers of any credit	6932
enhancement facilities, that it shall: (1) maintain statutory	6933
authority for, and cause to be collected and paid directly to the	6934
issuing authority or its assignee, the pledged receipts, (2)	6935
enforce the rights of the issuing authority to receive the	6936
receipts under the tobacco master settlement agreement assigned	6937
and sold to the issuing authority, (3) not limit or alter the	6938
rights of the issuing authority to fulfill the terms of its	6939
agreements with the holders or owners of obligations outstanding	6940
under the bond proceedings, (4) not in any way impair the rights	6941
and remedies of the holders or owners of obligations outstanding	6942
under the bond proceedings or impair the security for those	6943
obligations, (5) enforce Chapter 1346. of the Revised Code, the	6944
tobacco master settlement agreement, and the consent decree to	6945
effectuate the collection of the pledged tobacco settlement	6946
receipts, and (6) not agree to any amendment of the tobacco master	6947
settlement agreement that materially and adversely affects the	6948
issuing authority's ability to receive the portion of the receipts	6949
under the tobacco master settlement agreement assigned and sold to	6950
the issuing authority.	6951

The bond proceedings may also include such other covenants,	6952
pledges, and agreements by the state to protect and safeguard the	6953
security and rights of the holders and owners of the obligations,	6954
and of the providers of any credit enhancement facilities,	6955
including, without limiting the generality of the foregoing, any	6956
covenant, pledge, or agreement customary in transactions involving	6957
the issuance of securities the debt service on which is payable	6958
from or secured by amounts received under the tobacco master	6959
settlement agreement. Notwithstanding any other provision of law,	6960
any covenant, pledge, and agreement of the state, if and when made	6961
in the bond proceedings, shall be controlling and binding upon,	6962
and enforceable against the state in accordance with its terms for	6963
so long as any obligations are outstanding under the applicable	6964
bond proceedings. The bond proceedings may also include	6965
limitations on the remedies available to the issuing authority,	6966
the holders and owners of the obligations, and the providers of	6967
any credit enhancement facilities, including, without limiting the	6968
generality of the foregoing, a provision that those remedies may	6969
be limited to injunctive relief in circumstances where there has	6970
been no prior determination by a court of competent jurisdiction	6971
that the state has not enforced Chapter 1346. of the Revised Code,	6972
the tobacco master settlement agreement, or the consent decree as	6973
may have been covenanted or agreed in the bond proceedings under	6974
division (B)(5) of this section.	6975

Nothing in this section or the bond proceedings shall	6976
preclude or limit, or be construed to preclude or limit, the state	6977
from regulating or authorizing or permitting the regulation of	6978
smoking or from taxing and regulating the sale of cigarettes or	6979
other tobacco products, or from defending or prosecuting cases or	6980
other actions relating to the sale or use of cigarettes or other	6981
tobacco products. Except as otherwise may be agreed in writing by	6982
the attorney general, nothing in this section or the bond	6983
proceedings shall modify or limit, or be construed to modify or	6984
limit, the responsibility, power, judgment, and discretion of the	6985
attorney general to protect and discharge the duties, rights, and	6986
obligations of the state under the tobacco master settlement	6987
agreement, the consent decree, or Chapter 1346. of the Revised	6988
Code.	6989

The governor and the director of budget and management, in	6990
consultation with the attorney general, on behalf of the state,	6991
and any member or officer of the issuing authority as authorized	6992
by that issuing authority, on behalf of the issuing authority, may	6993
take any action and execute any documents, including any purchase	6994
and sale agreements, necessary to effect the assignment and sale	6995
and the acceptance of the assignment and title to the receipts	6996
including, providing irrevocable direction to the escrow agent	6997
acting under the tobacco master settlement agreement to transfer	6998
directly to the issuing authority the amounts to be received under	6999
that agreement that are subject to such assignment and sale. Any	7000
purchase and sale agreement or other bond proceedings may contain	7001
the terms and conditions established by the state and the issuing	7002
authority to carry out and effectuate the purposes of this	7003
section, including, without limitation, covenants binding the	7004
state in favor of the issuing authority and its assignees and the	7005
owners of the obligations. Any such purchase and sale agreement	7006
shall be sufficient to effectuate such purchase and sale without	7007
regard to any other laws governing other property sales or	7008
financial transactions by the state.	7009

Not later than two years following the date on which there	7010
are no longer any obligations outstanding under the bond	7011
proceedings, all assets of the issuing authority shall vest in the	7012
state, the issuing authority shall execute any necessary	7013
assignments or instruments, including any assignment of any right,	7014
title, or ownership to the state for receipt of amounts under the	7015
tobacco master settlement agreement, and the issuing authority	7016
shall be dissolved.	7017

(C) The issuing authority is authorized to issue and to sell	7018
obligations as provided in this section. The aggregate principal	7019
amount of obligations issued under this section shall not exceed	7020
six billion dollars, exclusive of obligations issued under	7021
division (M)(1) of this section to refund, renew, or advance	7022
refund other obligations issued or incurred. At least seventy-five	7023
per cent of the aggregate net proceeds of the obligations issued	7024
under the authority of this section, exclusive of obligations	7025
issued to refund, renew, or advance refund other obligations,	7026
shall be paid to the state for deposit into the school building	7027
program assistance fund created in section 3318.25 of the Revised	7028
Code.	7029

(D) Each issue of obligations shall be authorized by	7030
resolution or order of the issuing authority. The bond proceedings	7031
shall provide for or authorize the manner for determining the	7032
principal amount or maximum principal amount of obligations of an	7033
issue, the principal maturity or maturities, the interest rate or	7034
rates, the date of and the dates of payment of interest on the	7035
obligations, their denominations, and the place or places of	7036
payment of debt service which may be within or outside the state.	7037
Unless otherwise provided by law, the latest principal maturity	7038
may not be later than the earlier of the thirty-first day of	7039
December of the fiftieth calendar year after the year of issuance	7040
of the particular obligations or of the fiftieth calendar year	7041
after the year in which the original obligation to pay was issued	7042
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	7043
the Revised Code apply to the obligations.	7044

The purpose of the obligations may be stated in the bond	7045
proceedings in general terms, such as, as applicable, "paying	7046
costs of capital facilities for a system of common schools" and	7047
"paying costs of facilities for state-supported and state-assisted	7048
institutions of higher education." Unless otherwise provided in	7049
the bond proceedings or in division (C) of this section, the net	7050
proceeds from the issuance of the obligations shall be paid to the	7051
state for deposit into the applicable improvement fund.	7052
Notwithstanding division (B)(4) of section 3318.38 of the Revised	7053
Code, net proceeds of obligations deposited into the school	7054
building program assistance fund created in section 3318.25 of the	7055
Revised Code may be used to pay basic project costs under section	7056
3318.38 of the Revised Code at the times determined by the Ohio	7057
school facilities commission without regard to whether those	7058
expenditures are in proportion to the state's and the school	7059
district's respective shares of that basic project cost; provided	7060
that this shall not result in any change in the state or school	7061
district shares of the basic project costs provided under Chapter	7062
3318. of the Revised Code. As used in the preceding sentence,	7063
"Ohio school facilities commission" and "basic project costs" have	7064
the same meanings as in section 3318.01 of the Revised Code.	7065

(E) The issuing authority may, without need for any other	7066
approval, appoint or provide for the appointment of paying agents,	7067
bond registrars, securities depositories, credit enhancement	7068
providers or counterparties, clearing corporations, and transfer	7069
agents, and retain or contract for the services of underwriters,	7070
investment bankers, financial advisers, accounting experts,	7071
marketing, remarketing, indexing, and administrative agents, other	7072
consultants, and independent contractors, including printing	7073
services, as are necessary in the judgment of the issuing	7074
authority to carry out the issuing authority's functions under	7075
this section and section 183.52 of the Revised Code. The attorney	7076
general as counsel to the issuing authority shall represent the	7077
authority in the execution of its powers and duties, and shall	7078
institute and prosecute all actions on its behalf. The issuing	7079
authority, in consultation with the attorney general, shall select	7080
counsel, and the attorney general shall appoint the counsel	7081
selected, for the purposes of carrying out the functions under	7082
this section and related sections of the Revised Code. Financing	7083
costs are payable, as may be provided in the bond proceedings,	7084
from the proceeds of the obligations, from special funds, or from	7085
other moneys available for the purpose, including as to future	7086
financing costs, from the pledged receipts.	7087

(F) The issuing authority may irrevocably pledge and assign	7088
all, or such portion as the issuing authority determines, of the	7089
pledged receipts to the payment of the debt service charges on	7090
obligations issued under this section, and for the establishment	7091
and maintenance of any reserves, as provided in the bond	7092
proceedings, and make other provisions in the bond proceedings	7093
with respect to pledged receipts as authorized by this section,	7094
which provisions are controlling notwithstanding any other	7095
provisions of law pertaining to them. Any and all pledged receipts	7096
received by the issuing authority and required by the bond	7097
proceedings, consistent with this section, to be deposited,	7098
transferred, or credited to the bond service fund, and all other	7099
money transferred or allocated to or received for the purposes of	7100
that fund, shall be deposited and credited to the bond service	7101
fund created in the bond proceedings for the obligations, subject	7102
to any applicable provisions of those bond proceedings, but	7103
without necessity for any act of appropriation. Those pledged	7104
receipts shall immediately be subject to the lien of that pledge	7105
without any physical delivery thereof or further act, and shall	7106
not be subject to other court judgments. The lien of the pledge of	7107
those pledged receipts shall be valid and binding against all	7108
parties having claims of any kind against the issuing authority,	7109
irrespective of whether those parties have notice thereof. The	7110
pledge shall create a perfected security interest for all purposes	7111
of Chapter 1309. of the Revised Code and a perfected lien for	7112
purposes of any other interest, all without the necessity for	7113
separation or delivery of funds or for the filing or recording of	7114
the applicable bond proceedings by which that pledge is created or	7115
any certificate, statement, or other document with respect	7116
thereto. The pledge of the pledged receipts shall be effective and	7117
the money therefrom and thereof may be applied to the purposes for	7118
which pledged.	7119

(G) Obligations may be further secured, as determined by the	7120
issuing authority, by an indenture or a trust agreement between	7121
the issuing authority and a corporate trustee, which may be any	7122
trust company or bank having a place of business within the state.	7123
Any indenture or trust agreement may contain the resolution or	7124
order authorizing the issuance of the obligations, any provisions	7125
that may be contained in any bond proceedings, and other	7126
provisions that are customary or appropriate in an agreement of	7127
that type, including, but not limited to:	7128

(1) Maintenance of each pledge, indenture, trust agreement,	7129
or other instrument comprising part of the bond proceedings until	7130
the issuing authority has fully paid or provided for the payment	7131
of debt service on the obligations secured by it;	7132

(2) In the event of default in any payments required to be	7133
made by the bond proceedings, enforcement of those payments or	7134
agreements by mandamus, the appointment of a receiver, suit in	7135
equity, action at law, or any combination of them;	7136

(3) The rights and remedies of the holders or owners of	7137
obligations and of the trustee and provisions for protecting and	7138
enforcing them, including limitations on rights of individual	7139
holders and owners.	7140

(H) The bond proceedings may contain additional provisions	7141
customary or appropriate to the financing or to the obligations or	7142
to particular obligations including, but not limited to,	7143
provisions for:	7144

(1) The redemption of obligations prior to maturity at the	7145
option of the issuing authority or of the holder or upon the	7146
occurrence of certain conditions, and at a particular price or	7147
prices and under particular terms and conditions;	7148

(2) The form of and other terms of the obligations;

7149

(3) The establishment, deposit, investment, and application	7150
of special funds, and the safeguarding of moneys on hand or on	7151
deposit, in lieu of the applicability of provisions of Chapter	7152
131. or 135. of the Revised Code, but subject to any special	7153
provisions of this section with respect to the application of	7154
particular funds or moneys. Any financial institution that acts as	7155
a depository of any moneys in special funds or other funds under	7156
the bond proceedings may furnish indemnifying bonds or pledge	7157
securities as required by the issuing authority.	7158

(4) Any or every provision of the bond proceedings being	7159
binding upon the issuing authority and upon such governmental	7160
agency or entity, officer, board, authority, agency, department,	7161
institution, district, or other person or body as may from time to	7162
time be authorized to take actions as may be necessary to perform	7163
all or any part of the duty required by the provision;	7164

(5) The maintenance of each pledge or instrument comprising	7165
part of the bond proceedings until the issuing authority has fully	7166
paid or provided for the payment of the debt service on the	7167
obligations or met other stated conditions;	7168

(6) In the event of default in any payments required to be	7169
made by the bond proceedings, or by any other agreement of the	7170
issuing authority made as part of a contract under which the	7171
obligations were issued or secured, including a credit enhancement	7172
facility, the enforcement of those payments by mandamus, a suit in	7173
equity, an action at law, or any combination of those remedial	7174
actions;	7175

(7) The rights and remedies of the holders or owners of	7176
obligations or of book-entry interests in them, and of third	7177
parties under any credit enhancement facility, and provisions for	7178
protecting and enforcing those rights and remedies, including	7179
limitations on rights of individual holders or owners;	7180

(8) The replacement of mutilated, destroyed, lost, or stolen	7181
obligations;	7182

(9) The funding, refunding, or advance refunding, or other	7183
provision for payment, of obligations that will then no longer be	7184
outstanding for purposes of this section or of the applicable bond	7185
proceedings;	7186

(10) Amendment of the bond proceedings;

7187

(11) Any other or additional agreements with the owners of	7188
obligations, and such other provisions as the issuing authority	7189
determines, including limitations, conditions, or qualifications,	7190
relating to any of the foregoing or the activities of the issuing	7191
authority in connection therewith.	7192

The bond proceedings shall make provision for the payment of	7193
the expenses of the enforcement activity of the attorney general	7194
referred to in division (B) of this section from the amounts from	7195
the tobacco master settlement agreement assigned and sold to the	7196
issuing authority under that division or from the proceeds of	7197
obligations, or a combination thereof, which may include provision	7198
for both annual payments and a special fund providing reserve	7199
amounts for the payment of those expenses.	7200

The issuing authority shall not, and shall covenant in the	7201
bond proceedings that it shall not, be authorized to and shall not	7202
file a voluntary petition under the United States Bankruptcy Code,	7203
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	7204
similar bankruptcy proceeding under state law including, without	7205
limitation, consenting to the appointment of a receiver or trustee	7206
or making a general or specific assignment for the benefit of	7207
creditors, and neither any public officer or any organization,	7208
entity, or other person shall authorize the issuing authority to	7209
be or become a debtor under the United States Bankruptcy Code or	7210
take any of those actions under the United States Bankruptcy Code	7211
or state law. The state hereby covenants, and the issuing	7212
authority shall covenant, with the holders or owners of the	7213
obligations, that the state shall not permit the issuing authority	7214
to file a voluntary petition under the United States Bankruptcy	7215
Code or take any of those actions under the United States	7216
Bankruptcy Code or state law during the period obligations are	7217
outstanding and for any additional period for which the issuing	7218
authority covenants in the bond proceedings, which additional	7219
period may, but need not, be a period of three hundred sixty-seven	7220
days or more.	7221

(I) The obligations requiring execution by or for the issuing	7222
authority shall be signed as provided in the bond proceedings, and	7223
may bear the official seal of the issuing authority or a facsimile	7224
thereof. Any obligation may be signed by the individual who, on	7225
the date of execution, is the authorized signer even though, on	7226
the date of the obligations, that individual is not an authorized	7227
signer. In case the individual whose signature or facsimile	7228
signature appears on any obligation ceases to be an authorized	7229
signer before delivery of the obligation, that signature or	7230
facsimile is nevertheless valid and sufficient for all purposes as	7231
if that individual had remained the authorized signer until	7232
delivery.	7233

(J) Obligations are investment securities under Chapter 1308.	7234
of the Revised Code. Obligations may be issued in bearer or in	7235
registered form, registrable as to principal alone or as to both	7236
principal and interest, or both, or in certificated or	7237
uncertificated form, as the issuing authority determines.	7238
Provision may be made for the exchange, conversion, or transfer of	7239
obligations and for reasonable charges for registration, exchange,	7240
conversion, and transfer. Pending preparation of final	7241
obligations, the issuing authority may provide for the issuance of	7242
interim instruments to be exchanged for the final obligations.	7243

(K) Obligations may be sold at public sale or at private	7244
sale, in such manner, and at such price at, above, or below par,	7245
all as determined by and provided by the issuing authority in the	7246
bond proceedings.	7247

(L) Except to the extent that rights are restricted by the	7248
bond proceedings, any owner of obligations or provider of or	7249
counterparty to a credit enhancement facility may by any suitable	7250
form of legal proceedings protect and enforce any rights relating	7251
to obligations or that facility under the laws of this state or	7252
granted by the bond proceedings. Those rights include the right to	7253
compel the performance of all applicable duties of the issuing	7254
authority and the state. Each duty of the issuing authority and	7255
that issuing authority's officers, staff, and employees, and of	7256
each state entity or agency, or using district or using	7257
institution, and its officers, members, staff, or employees,	7258
undertaken pursuant to the bond proceedings, is hereby established	7259
as a duty of the entity or individual having authority to perform	7260
that duty, specifically enjoined by law and resulting from an	7261
office, trust, or station within the meaning of section 2731.01 of	7262
the Revised Code. The individuals who are from time to time	7263
members of the issuing authority, or their designees acting	7264
pursuant to section 183.52 of the Revised Code, or the issuing	7265
authority's officers, staff, agents, or employees, when acting	7266
within the scope of their employment or agency, shall not be	7267
liable in their personal capacities on any obligations or	7268
otherwise under the bond proceedings, or for otherwise exercising	7269
or carrying out any purposes or powers of the issuing authority.	7270

(M)(1) Subject to any applicable limitations in division (C)	7271
of this section, the issuing authority may also authorize and	7272
provide for the issuance of:	7273

(a) Obligations in the form of bond anticipation notes, and	7274
may authorize and provide for the renewal of those notes from time	7275
to time by the issuance of new notes. The holders of notes or	7276
appertaining interest coupons have the right to have debt service	7277
on those notes paid solely from the moneys and special funds, and	7278
all or any portion of the pledged receipts, that are or may be	7279
pledged to that payment, including the proceeds of bonds or	7280
renewal notes or both, as the issuing authority provides in the	7281
bond proceedings authorizing the notes. Notes may be additionally	7282
secured by covenants of the issuing authority to the effect that	7283
the issuing authority will do all things necessary for the	7284
issuance of bonds or renewal notes in such principal amount and	7285
upon such terms as may be necessary to provide moneys to pay when	7286
due the debt service on the notes, and apply their proceeds to the	7287
extent necessary, to make full and timely payment of debt service	7288
on the notes as provided in the applicable bond proceedings. In	7289
the bond proceedings authorizing the issuance of bond anticipation	7290
notes the issuing authority shall set forth for the bonds	7291
anticipated an estimated schedule of annual principal payments the	7292
latest of which shall be no later than provided in division (D) of	7293
this section. While the notes are outstanding there shall be	7294
deposited, as shall be provided in the bond proceedings for those	7295
notes, from the sources authorized for payment of debt service on	7296
the bonds, amounts sufficient to pay the principal of the bonds	7297
anticipated as set forth in that estimated schedule during the	7298
time the notes are outstanding, which amounts shall be used solely	7299
to pay the principal of those notes or of the bonds anticipated.	7300

(b) Obligations for the refunding, including funding and	7301
retirement, and advance refunding, with or without payment or	7302
redemption prior to maturity, of any obligations previously issued	7303
under this section and any bonds or notes previously issued for	7304
the purpose of paying costs of capital facilities for: (i)	7305
state-supported or state-assisted institutions of higher education	7306
as authorized by sections 151.01 and 151.04 of the Revised Code,	7307
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	7308
and (ii) housing branches and agencies of state government limited	7309
to facilities for a system of common schools throughout the state	7310
as authorized by sections 151.01 and 151.03 of the Revised Code,	7311
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	7312
Refunding obligations may be issued in amounts sufficient to pay	7313
or to provide for repayment of the principal amount, including	7314
principal amounts maturing prior to the redemption of the	7315
remaining prior obligations or bonds or notes, any redemption	7316
premium, and interest accrued or to accrue to the maturity or	7317
redemption date or dates, payable on the prior obligations or	7318
bonds or notes, and related financing costs and any expenses	7319
incurred or to be incurred in connection with that issuance and	7320
refunding. Subject to the applicable bond proceedings, the portion	7321
of the proceeds of the sale of refunding obligations issued under	7322
division (M)(1)(b) of this section to be applied to debt service	7323
on the prior obligations or bonds or notes shall be credited to an	7324
appropriate separate account in the bond service fund and held in	7325
trust for the purpose by the issuing authority or by a corporate	7326
trustee, and may be invested as provided in the bond proceedings.	7327
Obligations authorized under this division shall be considered to	7328
be issued for those purposes for which the prior obligations or	7329
bonds or notes were issued.	7330

(2) The principal amount of refunding, advance refunding, or	7331
renewal obligations issued pursuant to division (M) of this	7332
section shall be in addition to the amount authorized in division	7333
(C) of this section.	7334

(N) Obligations are lawful investments for banks, savings and	7335
loan associations, credit union share guaranty corporations, trust	7336
companies, trustees, fiduciaries, insurance companies, including	7337
domestic for life and domestic not for life, trustees or other	7338
officers having charge of sinking and bond retirement or other	7339
special funds of the state and political subdivisions and taxing	7340
districts of this state, notwithstanding any other provisions of	7341
the Revised Code or rules adopted pursuant to those provisions by	7342
any state agency with respect to investments by them, and are also	7343
acceptable as security for the repayment of the deposit of public	7344
moneys. The exemptions from taxation in Ohio as provided for in	7345
particular sections of the Ohio Constitution and section 5709.76	7346
of the Revised Code apply to the obligations.	7347

(O)(1) Unless otherwise provided or provided for in any	7348
applicable bond proceedings, moneys to the credit of or in a	7349
special fund shall be disbursed on the order of the issuing	7350
authority. No such order is required for the payment, from the	7351
bond service fund or other special fund, when due of debt service	7352
or required payments under credit enhancement facilities.	7353

(2) Payments received by the issuing authority under interest	7354
rate hedges entered into as credit enhancement facilities under	7355
this section shall be deposited as provided in the applicable bond	7356
proceedings.	7357

(P) The obligations shall not be general obligations of the	7358
state and the full faith and credit, revenue, and taxing power of	7359
the state shall not be pledged to the payment of debt service on	7360
them or to any guarantee of the payment of that debt service. The	7361
holders or owners of the obligations shall have no right to have	7362
any moneys obligated or pledged for the payment of debt service	7363
except as provided in this section and in the applicable bond	7364
proceedings. The rights of the holders and owners to payment of	7365
debt service are limited to all or that portion of the pledged	7366
receipts, and those special funds, pledged to the payment of debt	7367
service pursuant to the bond proceedings in accordance with this	7368
section, and each obligation shall bear on its face a statement to	7369
that effect.	7370

(Q) Each bond service fund is a trust fund and is hereby	7371
pledged to the payment of debt service on the applicable	7372
obligations. Payment of that debt service shall be made or	7373
provided for by the issuing authority in accordance with the bond	7374
proceedings without necessity for any act of appropriation. The	7375
bond proceedings may provide for the establishment of separate	7376
accounts in the bond service fund and for the application of those	7377
accounts only to debt service on specific obligations, and for	7378
other accounts in the bond service fund within the general	7379
purposes of that fund.	7380

(R) Subject to the bond proceedings pertaining to any	7381
obligations then outstanding in accordance with their terms, the	7382
issuing authority may in the bond proceedings pledge all, or such	7383
portion as the issuing authority determines, of the moneys in the	7384
bond service fund to the payment of debt service on particular	7385
obligations, and for the establishment and maintenance of any	7386
reserves for payment of particular debt service.	7387

(S)(1) Unless otherwise provided in any applicable bond	7388
proceedings, moneys to the credit of special funds may be invested	7389
by or on behalf of the issuing authority only in one or more of	7390
the following:	7391

(a) Notes, bonds, or other direct obligations of the United	7392
States or of any agency or instrumentality of the United States,	7393
or in no-front-end-load money market mutual funds consisting	7394
exclusively of those obligations, or in repurchase agreements,	7395
including those issued by any fiduciary, secured by those	7396
obligations, or in collective investment funds consisting	7397
exclusively of those obligations;	7398

(b) Obligations of this state or any political subdivision of	7399
this state;	7400

(c) Certificates of deposit of any national bank located in	7401
this state and any bank, as defined in section 1101.01 of the	7402
Revised Code, subject to inspection by the superintendent of	7403
financial institutions;	7404

(d) The treasurer of state's pooled investment program under	7405
section 135.45 of the Revised Code;	7406

(e) Other investment agreements or repurchase agreements that	7407
are consistent with the ratings on the obligations.	7408

(2) The income from investments referred to in division	7409
(S)(1) of this section shall be credited to special funds or	7410
otherwise as the issuing authority determines in the bond	7411
proceedings. Those investments may be sold or exchanged at times	7412
as the issuing authority determines, provides for, or authorizes.	7413

(T) The treasurer of state shall have responsibility for	7414
keeping records, making reports, and making payments, relating to	7415
any arbitrage rebate requirements under the applicable bond	7416
proceedings.	7417

(U) The issuing authority shall make quarterly reports to the	7418
general assembly of the amounts in, and activities of, each	7419
improvement fund, including amounts and activities on the subfund	7420
level. Each report shall include a detailed description and	7421
analysis of the amount of proceeds remaining in each fund from the	7422
sale of obligations pursuant to this section, and any other	7423
deposits, credits, interest earnings, disbursements, expenses,	7424
transfers, or activities of each fund.	7425

(V) The costs of the annual audit of the authority conducted	7426
pursuant to section 117.112 of the Revised Code are payable, as	7427
may be provided in the bond proceedings, from the proceeds of the	7428
obligations, from special funds, or from other moneys available	7429
for the purpose, including as to future financing costs, from the	7430
pledged receipts.	7431

Sec. 183.52. (A) There is hereby created a body, both	7432
corporate and politic, constituting a public body, agency, and	7433
instrumentality of this state and performing essential functions	7434
of the state, to be known as the buckeye tobacco settlement	7435
financing authority, which in that name may contract and be	7436
contracted with, sue and be sued, and exercise all other authority	7437
vested in that authority by this section and section 183.51 of the	7438
Revised Code. The authority is created for the sole purpose of	7439
purchasing and receiving any assignment of the tobacco settlement	7440
receipts and issuing obligations, all as provided for in section	7441
183.51 of the Revised Code, to provide financing of essential	7442
functions and facilities. The property of the authority and its	7443
income and operations shall be exempt from taxation involving the	7444
state or by the state and any political subdivision of the state.	7445
All income of the authority, after the payment of necessary	7446
expenses, shall accrue to the state.	7447

(B) The authority shall consist of, in each case ex officio,	7448
the governor, the director of budget and management, the tax	7449
commissioner, the treasurer of state, and the auditor of state.	7450
The governor shall serve as the chair of the authority, the	7451
director of budget and management shall serve as its secretary,	7452
and the authority shall have such other officers as it determines,	7453
who may but need not be members of the authority. Four members of	7454
the authority constitute a quorum and the affirmative vote of four	7455
members is necessary for any action taken by vote of the	7456
authority. No vacancy in the membership of the authority shall	7457
impair the rights of a quorum by such vote to exercise all the	7458
rights and perform all the duties of the authority. Each of the	7459
members above identified may designate an employee or officer of	7460
their office to attend meetings of the authority when that member	7461
is absent or unable for any reason to attend and that designee,	7462
when present, shall be counted in determining whether a quorum is	7463
present at any meeting and may vote and participate in all	7464
proceedings and actions of the authority. A designee may not	7465
execute or cause a facsimile signature to be placed on any	7466
obligation. That designation shall be in writing, executed by the	7467
designating member, and be filed with the secretary of the	7468
authority. A designation may be changed from time to time by a	7469
similar written designation. The authority may delegate to such of	7470
its members, officers, employees, or staff as it determines those	7471
powers and duties as it deems appropriate. No member of the	7472
authority or designee shall, by reason of being or serving as a	7473
member of the authority, be required to abstain from action in any	7474
other capacity as an incumbent of a state office or position or	7475
from any action as a member of the authority in any matter	7476
affecting or in any way pertaining to both that office or position	7477
and the authority, or for any purpose be deemed to be disqualified	7478
from either such office or position or as a member of the	7479
authority by reason of so acting or to have violated any law by	7480
reason thereof. The authority may adopt and alter bylaws and rules	7481
for the conduct of its affairs, including provisions for meetings,	7482
and for the manner in which its powers and functions are to be	7483
exercised and embodied, and may adopt and alter at will an	7484
official seal to be affixed to official documents, provided that	7485
the failure to affix any such seal shall not affect the legality	7486
of such documents. Members of the authority shall receive no added	7487
compensation for their services as such members but may be	7488
reimbursed, as determined by the authority, for their necessary	7489
and actual expenses incurred in the conduct of the authority's	7490
business. The office of budget and management shall provide staff	7491
support to the authority.	7492

Notwithstanding the existence of common management, the	7493
authority shall be treated and accounted for as a separate and	7494
independent legal entity with its separate purposes as set forth	7495
in this section and section 183.51 of the Revised Code. The	7496
assets, liabilities, and funds of the authority shall not be	7497
consolidated or commingled with those of the state, and contracts	7498
entered into by the authority shall be entered into in the name of	7499
the authority and not in the name of the state.	7500

The authority shall prepare annually an operating and	7501
financial statement covering the authority's operations for the	7502
preceding fiscal year.	7503

(C) In connection with the exercise of its powers pursuant to	7504
this section and section 183.51 of the Revised Code, the authority	7505
may enter into contracts and execute all instruments necessary or	7506
incidental to the performance of the issuing authority's duties	7507
and the execution of the issuing authority's powers and do all	7508
other acts necessary or proper to the fulfillment of the issuing	7509
authority's purposes and to carry out the powers expressly granted	7510
in this section and section 183.51 of the Revised Code. The	7511
authority is subject to sections 121.22 and 149.43 of the Revised	7512
Code.	7513

(D) Unless otherwise provided in Article IV of the Ohio	7514
Constitution, any action, suit, or special proceeding brought	7515
against the issuing authority or the state concerning or relating	7516
to the bond proceedings, section 183.51 of the Revised Code, or	7517
this section, shall be filed and determined in the court of claims	7518
under Chapter 2743. of the Revised Code. Any special proceeding	7519
brought against the issuing authority or the state in which the	7520
court of appeals has original jurisdiction shall be filed and	7521
determined in the court of appeals of Franklin county. Any such	7522
action or proceeding to which the issuing authority or the state	7523
is a party shall be preferred over all other civil causes of	7524
action or cases, except election causes of action or cases,	7525
irrespective of position on the calendar.	7526

Sec. 305.31. The procedure for submitting to a referendum a	7527
resolution adopted by a board of county commissioners under	7528
division (H) of section 307.695 of the Revised Code that is not	7529
submitted to the electors of the county for their approval or	7530
disapproval; any resolution adopted by a board of county	7531
commissioners pursuant to division (D)(1) of section 307.697,	7532
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,	7533
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or	7534
5739.026, division (A)(6) of section 5739.09, section 5741.021, or	7535
5741.023, or division (C)(1) of section 5743.024 of the Revised	7536
Code; or a rule adopted pursuant to section 307.79 of the Revised	7537
Code shall be as prescribed by this section.	7538

Except as otherwise provided in this paragraph, when a	7539
petition, signed by ten per cent of the number of electors who	7540
voted for governor at the most recent general election for the	7541
office of governor in the county, is filed with the county auditor	7542
within thirty days after the date the resolution is passed or rule	7543
is adopted by the board of county commissioners, or is filed	7544
within forty-five days after the resolution is passed, in the case	7545
of a resolution adopted pursuant to section 5739.021 of the	7546
Revised Code that is passed within one year after a resolution	7547
adopted pursuant to that section has been rejected or repealed by	7548
the electors, requesting that the resolution be submitted to the	7549
electors of the county for their approval or rejection, the county	7550
auditor shall, after ten days following the filing of the	7551
petition, and not later than four p.m. of the seventy-fifth day	7552
before the day of election, transmit a certified copy of the text	7553
of the resolution or rule to the board of elections. In the case	7554
of a petition requesting that a resolution adopted under division	7555
(D)(1) of section 307.697, division (B)(1) of section 4301.421, or	7556
division (C)(1) of section 5743.024 of the Revised Code be	7557
submitted to electors for their approval or rejection, the	7558
petition shall be signed by seven per cent of the number of	7559
electors who voted for governor at the most recent election for	7560
the office of governor in the county. The county auditor shall	7561
transmit the petition to the board together with the certified	7562
copy of the resolution or rule. The board shall examine all	7563
signatures on the petition to determine the number of electors of	7564
the county who signed the petition. The board shall return the	7565
petition to the auditor within ten days after receiving it,	7566
together with a statement attesting to the number of such electors	7567
who signed the petition. The board shall submit the resolution or	7568
rule to the electors of the county, for their approval or	7569
rejection, at the succeeding general election held in the county	7570
in any year, or on the day of the succeeding primary election held	7571
in the county in even-numbered years, occurring subsequent to	7572
seventy-five days after the auditor certifies the sufficiency and	7573
validity of the petition to the board of elections.	7574

No resolution shall go into effect until approved by the	7575
majority of those voting upon it. However, a rule shall take	7576
effect and remain in effect unless and until a majority of the	7577
electors voting on the question of repeal approve the repeal.	7578
Sections 305.31 to 305.41 of the Revised Code do not prevent a	7579
county, after the passage of any resolution or adoption of any	7580
rule, from proceeding at once to give any notice or make any	7581
publication required by the resolution or rule.	7582

The board of county commissioners shall make available to any	7583
person, upon request, a certified copy of any resolution or rule	7584
subject to the procedure for submitting a referendum under	7585
sections 305.31 to 305.42 of the Revised Code beginning on the	7586
date the resolution or rule is adopted by the board. The board may	7587
charge a fee for the cost of copying the resolution or rule.	7588

As used in this section, "certified copy" means a copy	7589
containing a written statement attesting that it is a true and	7590
exact reproduction of the original resolution or rule.	7591

Sec. 307.37. (A) As used in division (B)(3) of this section,	7592
"proposed new construction" means a proposal to erect, construct,	7593
repair, alter, redevelop, or maintain a single-family, two-family,	7594
or three-family dwelling or any structure that is regulated by the	7595
Ohio building code.	7596

(B)(1)(a) The board of county commissioners may adopt local	7597
residential building regulations governing residential buildings	7598
as defined in section 3781.06 of the Revised Code, to be enforced	7599
within the unincorporated area of the county or within districts	7600
the board establishes in any part of the unincorporated area. No	7601
local residential building regulation shall differ from the state	7602
residential building code the board of building standards	7603
establishes pursuant to Chapter 3781. of the Revised Code unless	7604
the regulation addresses subject matter not addressed by the state	7605
residential building code or is adopted pursuant to section	7606
3781.01 of the Revised Code.	7607

(b) The board of county commissioners may, by resolution,	7608
adopt, administer, and enforce within the unincorporated area of	7609
the county, or within districts the board establishes in the	7610
unincorporated area, an existing structures code pertaining to the	7611
repair and continued maintenance of structures and the premises of	7612
those structures provided that the existing structures code	7613
governs subject matter not addressed by, and is not in conflict	7614
with, the state residential building code adopted pursuant to	7615
Chapter 3781. of the Revised Code. The board may adopt by	7616
incorporation by reference a model or standard code prepared and	7617
promulgated by the state, any agency of this state, or any private	7618
organization that publishes a recognized or standard existing	7619
structures code.	7620

(c) The board shall assign the duties of administering and	7621
enforcing any local residential building regulations or existing	7622
structures code to a county officer or employee who is trained and	7623
qualified for those duties and shall establish by resolution the	7624
minimum qualifications necessary to perform those duties.	7625

(2) The board may adopt regulations for participation in the	7626
national flood insurance program as defined in section 1521.01 of	7627
the Revised Code and regulations for the purposes of section	7628
1506.04 or 1506.07 of the Revised Code governing the prohibition,	7629
location, erection, construction, redevelopment, or floodproofing	7630
of new buildings or structures, substantial improvements to	7631
existing buildings or structures, or other development in	7632
unincorporated territory within flood hazard areas identified	7633
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	7634
42 U.S.C.A. 4002, as amended, or within Lake Erie coastal erosion	7635
areas identified under section 1506.06 of the Revised Code,	7636
including, but not limited to, residential, commercial,	7637
institutional, or industrial buildings or structures or other	7638
permanent structures, as defined in section 1506.01 of the Revised	7639
Code. Rules adopted under division (B)(2) of this section shall	7640
not conflict with the state residential and nonresidential	7641
building codes adopted pursuant to section 3781.10 of the Revised	7642
Code.	7643

(3)(a) A board may adopt regulations that provide for a	7644
review of the specific effects of a proposed new construction on	7645
existing surface or subsurface drainage. The regulations may	7646
require reasonable drainage mitigation and reasonable alteration	7647
of a proposed new construction before a building permit is issued	7648
in order to prevent or correct any adverse effects that the	7649
proposed new construction may have on existing surface or	7650
subsurface drainage. The regulations shall not be inconsistent	7651
with, more stringent than, or broader in scope than standards	7652
adopted by the natural resource conservation service in the United	7653
States department of agriculture concerning drainage or rules	7654
adopted by the environmental protection agency for reducing,	7655
controlling, or mitigating storm water runoff from construction	7656
sites, where applicable. The regulations shall allow a person who	7657
is registered under Chapter 4703. or 4733. of the Revised Code to	7658
prepare and submit relevant plans and other documents for review,	7659
provided that the person is authorized to prepare the plans and	7660
other documents pursuant to the person's registration.	7661

(b) If regulations are adopted under division (B)(3) of this	7662
section, the board shall specify in the regulations a procedure	7663
for the review of the specific effects of a proposed new	7664
construction on existing surface or subsurface drainage. The	7665
procedure shall include at a minimum all of the following:	7666

(i) A meeting at which the proposed new construction shall be	7667
examined for those specific effects. The meeting shall be held	7668
within thirty days after an application for a building permit is	7669
filed or a review is requested unless the applicant agrees in	7670
writing to extend that time period or to postpone the meeting to	7671
another date, time, or place. The meeting shall be scheduled	7672
within five days after an application for a building permit is	7673
filed or a review is requested.	7674

(ii) Written notice of the date, time, and place of that	7675
meeting, sent by regular mail to the applicant. The written notice	7676
shall be mailed at least seven days before the scheduled meeting	7677
date.	7678

(iii) Completion of the review by the board of county	7679
commissioners not later than thirty days after the application for	7680
a building permit is filed or a review is requested unless the	7681
applicant has agreed in writing to extend that time period or	7682
postpone the meeting to a later time, in which case the review	7683
shall be completed not later than two days after the date of the	7684
meeting. A complete review shall include the issuance of any order	7685
of the board of county commissioners regarding necessary	7686
reasonable drainage mitigation and necessary reasonable	7687
alterations to the proposed new construction to prevent or correct	7688
any adverse effects on existing surface or subsurface drainage so	7689
long as those alterations comply with the state residential and	7690
nonresidential building codes adopted pursuant to section 3781.10	7691
of the Revised Code. If the review is not completed within the	7692
thirty-day period or an extended or postponed period that the	7693
applicant has agreed to, the proposed new construction shall be	7694
deemed to have no adverse effects on existing surface or	7695
subsurface drainage, and those effects shall not be a valid basis	7696
for the denial of a building permit.	7697

(iv) A written statement, provided to the applicant at the	7698
meeting or in an order for alterations to a proposed new	7699
construction, informing the applicant of the right to seek	7700
appellate review of the denial of a building permit under division	7701
(B)(3)(b)(iii) of this section by filing a petition in accordance	7702
with Chapter 2506. of the Revised Code.	7703

(c) The regulations may authorize the board, after obtaining	7704
the advice of the county engineer, to enter into an agreement with	7705
the county engineer or another qualified person or entity to carry	7706
out any necessary inspections and make evaluations about what, if	7707
any, alterations are necessary to prevent or correct any adverse	7708
effects that a proposed new construction may have on existing	7709
surface or subsurface drainage.	7710

(d) Regulations adopted pursuant to division (B)(3) of this	7711
section shall not apply to any property that a platting authority	7712
has approved under section 711.05, 711.09, or 711.10 of the	7713
Revised Code and shall not govern the same subject matter as the	7714
state residential or nonresidential building codes adopted	7715
pursuant to section 3781.10 of the Revised Code.	7716

(e) As used in division (B)(3) of this section, "subsurface	7717
drainage" does not include a household sewage ~~treatment~~disposal	7718
system as defined in section 3709.091 of the Revised Code.	7719

(C)(1) Any regulation, code, or amendment may be adopted	7720
under this section only after a public hearing at not fewer than	7721
two regular or special sessions of the board. The board shall	7722
cause notice of any public hearing to be published in a newspaper	7723
of general circulation in the county once a week for the two	7724
consecutive weeks immediately preceding the hearing, except that	7725
if the board posts the hearing notice on the board's internet site	7726
on the world wide web, the board need publish only one notice of	7727
the hearing in a newspaper of general circulation if that	7728
newspaper notice includes the board's internet site and a	7729
statement that the notice is also posted on the internet site. Any	7730
notice of a public hearing shall include the time, date, and place	7731
of the hearing.	7732

(2) Any proposed regulation, code, or amendment shall be made	7733
available to the public at the board office. The regulations or	7734
amendments shall take effect on the thirty-first day following the	7735
date of their adoption.	7736

(D)(1) No person shall violate any regulation, code, or	7737
amendment the board adopts under sections 307.37 to 307.40 of the	7738
Revised Code.	7739

(2) Each day during which an illegal location, erection,	7740
construction, floodproofing, repair, alteration, development,	7741
redevelopment, or maintenance continues may be considered a	7742
separate offense.	7743

(E) Regulations or amendments the board adopts pursuant to	7744
this section, with the exception of an existing structures code,	7745
do not affect buildings or structures that exist or on which	7746
construction has begun on or before the date the board adopts the	7747
regulation or amendment.	7748

(F)(1) The board may create a building department and employ	7749
the personnel it determines necessary to administer and enforce	7750
any local residential building regulations or existing structures	7751
code the board adopts pursuant to this section. The building	7752
department may enforce the state residential and nonresidential	7753
building codes adopted pursuant to Chapter 3781. of the Revised	7754
Code if the building department is certified pursuant to section	7755
3781.10 of the Revised Code to enforce those codes.	7756

(2) The board may direct the building department, upon	7757
certification, to exercise enforcement authority and to accept and	7758
approve plans pursuant to sections 3781.03 and 3791.04 of the	7759
Revised Code for the class of building for which the department	7760
and personnel are certified.	7761

Sec. 307.672. (A) As used in this section:

7762

(1) "Bonds" means general obligation bonds, or notes in	7763
anticipation thereof, of the county described in division	7764
(B)(1)(b) of this section, and general obligation bonds, or notes	7765
in anticipation thereof, of the host municipal corporation	7766
described in division (B)(2)(a) of this section.	7767

(2) "Corporation" means a nonprofit corporation that is	7768
organized under the laws of this state and that includes within	7769
the purposes for which it is incorporated the authorization to	7770
lease and operate facilities such as a municipal educational and	7771
cultural facility.	7772

(3) "Debt service charges" means, for any period or payable	7773
at any time, the principal of and interest and any premium due on	7774
bonds for that period or payable at that time whether due at	7775
maturity or upon mandatory redemption, together with any required	7776
deposits to reserves for the payment of principal of and interest	7777
on such bonds.	7778

(4) "Host municipal corporation" means the municipal	7779
corporation within the boundaries of which a municipal educational	7780
and cultural facility is or will be located.	7781

(5) "Municipal educational and cultural facility" means a	7782
facility that may consist of a museum, archives, library, hall of	7783
fame, center for contemporary music, or other facilities necessary	7784
to provide programs of an educational, recreational, and cultural	7785
nature, together with all parking facilities, walkways, and other	7786
auxiliary facilities, real and personal property, property rights,	7787
easements, and interests that may be appropriate for, or used in	7788
connection with, the operation of the facility.	7789

(B) The legislative authorities of a county and a host	7790
municipal corporation may enter into a cooperative agreement with	7791
a corporation, under which:	7792

(1) The legislative authority of the county agrees to:

7793

(a) Levy a tax under division (E) of section 5739.09 of the	7794
Revised Code, for a period not to exceed fifteen years unless	7795
extended under that division for an additional period of time, to	7796
pay the costs of acquiring, constructing, equipping, and improving	7797
a municipal educational and cultural facility, including the debt	7798
service charges on bonds;	7799

(b) Issue bonds of the county pursuant to Chapter 133. of the	7800
Revised Code for the purpose of acquiring, constructing,	7801
equipping, and improving a municipal educational and cultural	7802
facility;	7803

(c) Contribute revenue from the tax and the proceeds from the	7804
bonds described in divisions (B)(1)(a) and (b) of this section to	7805
the host municipal corporation for the purpose of acquiring,	7806
constructing, equipping, and improving a municipal educational and	7807
cultural facility;	7808

(2) The host municipal corporation agrees to:

7809

(a) Issue bonds of the host municipal corporation pursuant to	7810
Chapter 133. of the Revised Code for the purpose of acquiring,	7811
constructing, equipping, and improving a municipal educational and	7812
cultural facility;	7813

(b) Acquire, construct, equip, and improve a municipal	7814
educational and cultural facility;	7815

(c) Accept from the county pursuant to the cooperative	7816
agreement the revenues of the tax and the proceeds of the bonds	7817
described in divisions (B)(1)(a) and (b) of this section;	7818

(d) Lease a municipal educational and cultural facility to	7819
the corporation, or contract with the corporation for the	7820
operation and maintenance of the facility;	7821

(e) To the extent provided for in the cooperative agreement	7822
or the lease or contract with the corporation, authorize the	7823
corporation to administer on behalf of the host municipal	7824
corporation the contracts for acquiring, constructing, equipping,	7825
and improving a municipal educational and cultural facility.	7826

(3) The corporation agrees to:

7827

(a) Either lease the municipal educational and cultural	7828
facility from the host municipal corporation and operate and	7829
maintain the facility pursuant to the lease, or enter into a	7830
contract with the host municipal corporation pursuant to which the	7831
corporation shall operate and maintain the facility on behalf of	7832
the host municipal corporation;	7833

(b) To the extent provided for in the cooperative agreement	7834
or the lease or contract with the host municipal corporation,	7835
administer on behalf of the host municipal corporation the	7836
contracts for acquiring, constructing, equipping, or improving a	7837
municipal educational and cultural facility.	7838

(C) A tax levied pursuant to division (E) of section 5739.09	7839
of the Revised Code, the revenue from which is to be used to pay	7840
debt service charges on bonds described in division (B)(1) or (2)	7841
of this section is not subject to diminution by initiative or	7842
referendum or diminution by statute, unless provision is made	7843
therein for an adequate substitute therefor reasonably	7844
satisfactory to the legislative authorities of the host municipal	7845
corporation and the county.	7846

(D) The legislative authorities of a county and a host	7847
municipal corporation that have entered into a cooperative	7848
agreement with a corporation pursuant to division (B) of this	7849
section may amend that cooperative agreement, with the	7850
participation of the corporation and a port authority as defined	7851
in section 307.674 of the Revised Code, to provide also for a port	7852
authority educational and cultural performing arts facility in	7853
accordance with section 307.674 of the Revised Code. Such an	7854
amendment shall become effective only to the extent that the tax	7855
levied under division (E) of section 5739.09 of the Revised Code	7856
is not needed for the duration of the original tax to pay costs of	7857
the municipal educational and cultural facility, including debt	7858
service charges on related bonds, as determined by the parties to	7859
the amendment. The tax may be pledged and paid by the parties to	7860
the amendment for the balance of the duration of the tax to a port	7861
authority educational and cultural performing arts facility.	7862

Sec. 307.695. (A) As used in this section:

7863

(1) "Arena" means any structure designed and constructed for	7864
the purpose of providing a venue for public entertainment and	7865
recreation by the presentation of concerts, sporting and athletic	7866
events, and other events and exhibitions, including facilities	7867
intended to house or provide a site for one or more athletic or	7868
sports teams or activities, spectator facilities, parking	7869
facilities, walkways, and auxiliary facilities, real and personal	7870
property, property rights, easements, leasehold estates, and	7871
interests that may be appropriate for, or used in connection with,	7872
the operation of the arena.	7873

(2) "Convention center" means any structure expressly	7874
designed and constructed for the purposes of presenting	7875
conventions, public meetings, and exhibitions and includes parking	7876
facilities that serve the center and any personal property used in	7877
connection with any such structure or facilities.	7878

(3) "Eligible county" means a county having a population of	7879
at least four hundred thousand but not more than eight hundred	7880
thousand according to the 2000 federal decennial census and that	7881
directly borders the geographic boundaries of another state.	7882

(4) "Entity" means a nonprofit corporation, a municipal	7883
corporation, a port authority created under Chapter 4582. of the	7884
Revised Code, or a convention facilities authority created under	7885
Chapter 351. of the Revised Code.	7886

(5) "Lodging taxes" means excise taxes levied under division	7887
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	7888
the revenues arising therefrom.	7889

(6) "Nonprofit corporation" means a nonprofit corporation	7890
that is organized under the laws of this state and that includes	7891
within the purposes for which it is incorporated the authorization	7892
to lease and operate facilities such as a convention center or an	7893
arena or a combination of an arena and convention center.	7894

(7) "Project" means acquiring, constructing, reconstructing,	7895
renovating, rehabilitating, expanding, adding to, equipping,	7896
furnishing or otherwise improving an arena, a convention center,	7897
or a combination of an arena and convention center. For purposes	7898
of this section, a project is a permanent improvement for one	7899
purpose under Chapter 133. of the Revised Code.	7900

(8) "Project revenues" means money received by ~~an eligible~~a	7901
county with a population greater than four hundred thousand but	7902
less than five hundred thousand, other than money from taxes or	7903
from the proceeds of securities secured by taxes, in connection	7904
with, derived from, related to, or resulting from a project,	7905
including, but not limited to, rentals and other payments received	7906
under a lease or agreement with respect to the project, ticket	7907
charges or surcharges for admission to events at a project,	7908
charges or surcharges for parking for events at a project, charges	7909
for the use of a project or any portion of a project, including	7910
suites and seating rights, the sale of naming rights for the	7911
project or a portion of the project, unexpended proceeds of any	7912
county revenue bonds issued for the project, and any income and	7913
profit from the investment of the proceeds of any such revenue	7914
bonds or any project revenues.	7915

(9) "Chapter 133. securities," "debt charges," "general	7916
obligation," "legislation," "one purpose," "outstanding,"	7917
"permanent improvement," "person," and "securities" have the	7918
meanings given to those terms in section 133.01 of the Revised	7919
Code.	7920

(B) A board of county commissioners may enter into an	7921
agreement with a convention and visitors' bureau operating in the	7922
county under which:	7923

(1) The bureau agrees to construct and equip a convention	7924
center in the county and to pledge and contribute from the tax	7925
revenues received by it under division (A) of section 5739.09 of	7926
the Revised Code, not more than such portion thereof that it is	7927
authorized to pledge and contribute for the purpose described in	7928
division (C) of this section; and	7929

(2) The board agrees to levy a tax under division (C) of	7930
section 5739.09 of the Revised Code and pledge and contribute the	7931
revenues therefrom for the purpose described in division (C) of	7932
this section.	7933

(C) The purpose of the pledges and contributions described in	7934
divisions (B)(1) and (2) of this section is payment of principal,	7935
interest, and premium, if any, on bonds and notes issued by or for	7936
the benefit of the bureau to finance the construction and	7937
equipping of a convention center. The pledges and contributions	7938
provided for in the agreement shall be for the period stated in	7939
the agreement. Revenues determined from time to time by the board	7940
to be needed to cover the real and actual costs of administering	7941
the tax imposed by division (C) of section 5739.09 of the Revised	7942
Code may not be pledged or contributed. The agreement shall	7943
provide that any such bonds and notes shall be secured by a trust	7944
agreement between the bureau or other issuer acting for the	7945
benefit of the bureau and a corporate trustee that is a trust	7946
company or bank having the powers of a trust company within or	7947
without the state, and the trust agreement shall pledge or assign	7948
to the retirement of the bonds or notes, all moneys paid by the	7949
county under this section. A tax the revenues from which are	7950
pledged under an agreement entered into by a board of county	7951
commissioners under this section shall not be subject to	7952
diminution by initiative or referendum, or diminution by statute,	7953
unless provision is made therein for an adequate substitute	7954
therefor reasonably satisfactory to the trustee under the trust	7955
agreement that secures the bonds and notes.	7956

(D) A pledge of money by a county under division (B) of this	7957
section shall not be indebtedness of the county for purposes of	7958
Chapter 133. of the Revised Code.	7959

(E) If the terms of the agreement so provide, the board of	7960
county commissioners may acquire and lease real property to the	7961
convention bureau as the site of the convention center. The lease	7962
shall be on such terms as are set forth in the agreement. The	7963
purchase and lease are not subject to the limitations of sections	7964
307.02 and 307.09 of the Revised Code.	7965

(F) In addition to the authority granted to a board of county	7966
commissioners under divisions (B) to (E) of this section, a board	7967
of county commissioners in a county with a population of one	7968
million two hundred thousand or more, or a county with a	7969
population greater than four hundred thousand but less than five	7970
hundred thousand, may establish and provide local funding options	7971
for constructing and equipping a convention center.	7972

(G) The board of county commissioners of ~~an eligible~~a county	7973
with a population greater than four hundred thousand but less than	7974
five hundred thousand may undertake, finance, operate, and	7975
maintain a project. The board may lease a project to an entity on	7976
terms that the board determines to be in the best interest of the	7977
county and in furtherance of the public purpose of the project;	7978
the lease may be for a term of thirty-five years or less and may	7979
provide for an option of the entity to renew the lease for a term	7980
of thirty-five years or less. The board may enter into an	7981
agreement with an entity with respect to a project on terms that	7982
the board determines to be in the best interest of the county and	7983
in furtherance of the public purpose of the project. To the extent	7984
provided for in an agreement or a lease with an entity, the board	7985
may authorize the entity to administer on behalf of the board any	7986
contracts for the project. The board may enter into an agreement	7987
providing for the sale to a person of naming rights to a project	7988
or portion of a project, for a period, for consideration, and on	7989
other terms and conditions that the board determines to be in the	7990
best interest of the county and in furtherance of the public	7991
purpose of the project. The board may enter into an agreement with	7992
a person owning or operating a professional athletic or sports	7993
team providing for the use by that person of a project or portion	7994
of a project for that team's offices, training, practices, and	7995
home games for a period, for consideration, and on other terms and	7996
conditions that the board determines to be in the best interest of	7997
the county and in furtherance of the public purpose of the	7998
project. The board may establish ticket charges or surcharges for	7999
admission to events at a project, charges or surcharges for	8000
parking for events at a project, and charges for the use of a	8001
project or any portion of a project, including suites and seating	8002
rights, and may, as necessary, enter into agreements related	8003
thereto with persons for a period, for consideration, and on other	8004
terms and conditions that the board determines to be in the best	8005
interest of the county and in furtherance of the public purpose of	8006
the project. A lease or agreement authorized by this division is	8007
not subject to sections 307.02, 307.09, and 307.12 of the Revised	8008
Code.	8009

(H) Notwithstanding any contrary provision in Chapter 5739.	8010
of the Revised Code, after adopting a resolution declaring it to	8011
be in the best interest of the county to undertake a project as	8012
described in division (G) of this section, the board of county	8013
commissioners of an eligible county may adopt a resolution	8014
enacting or increasing any lodging taxes within the limits	8015
specified in Chapter 5739. of the Revised Code with respect to	8016
those lodging taxes and amending any prior resolution under which	8017
any of its lodging taxes have been imposed in order to provide	8018
that those taxes, after deducting the real and actual costs of	8019
administering the taxes and any portion of the taxes returned to	8020
any municipal corporation or township as provided in division	8021
(A)(1) of section 5739.09 of the Revised Code, shall be used by	8022
the board for the purposes of undertaking, financing, operating,	8023
and maintaining the project, including paying debt charges on any	8024
securities issued by the board under division (I) of this section,	8025
or to make contributions to the convention and visitors' bureau	8026
operating within the county, or to promote, advertise, and market	8027
the region in which the county is located, all as the board may	8028
determine and make appropriations for from time to time, subject	8029
to the terms of any pledge to the payment of debt charges on	8030
outstanding general obligation securities or special obligation	8031
securities authorized under division (I) of this section. A	8032
resolution adopted under division (H) of this section shall be	8033
adopted not earlier than January 15, 2007, and not later than	8034
January 15, 2008.	8035

A resolution adopted under division (H) of this section may	8036
direct the board of elections to submit the question of enacting	8037
or increasing lodging taxes, as the case may be, to the electors	8038
of the county at a special election held on the date specified by	8039
the board in the resolution, provided that the election occurs not	8040
less than seventy-five days after a certified copy of the	8041
resolution is transmitted to the board of elections and no later	8042
than January 15, 2008. A resolution submitted to the electors	8043
under this division shall not go into effect unless it is approved	8044
by a majority of those voting upon it. A resolution adopted under	8045
division (H) of this section that is not submitted to the electors	8046
of the county for their approval or disapproval is subject to a	8047
referendum as provided in sections 305.31 to 305.41 of the Revised	8048
Code.	8049

A resolution adopted under division (H) of this section takes	8050
effect upon its adoption, unless the resolution is submitted to	8051
the electors of the county for their approval or disapproval, in	8052
which case the resolution takes effect on the date the board of	8053
county commissioners receives notification from the board of	8054
elections of the affirmative vote. Lodging taxes received after	8055
the effective date of the resolution may be used for the purposes	8056
described in division (H) of this section, except that lodging	8057
taxes that have been pledged to the payment of debt charges on any	8058
bonds or notes issued by or for the benefit of a convention and	8059
visitors' bureau under division (C) of this section shall be used	8060
exclusively for that purpose until such time as the bonds or notes	8061
are no longer outstanding under the trust agreement securing those	8062
bonds or notes.	8063

(I)(1) The board of county commissioners of ~~an eligible~~a	8064
county with a population greater than four hundred thousand but	8065
less than five hundred thousand may issue the following securities	8066
of the county for the purpose of paying costs of the project,	8067
refunding any outstanding county securities issued for that	8068
purpose, refunding any outstanding bonds or notes issued by or for	8069
the benefit of the bureau under division (C) of this section, or	8070
for any combination of those purposes:	8071

(a) General obligation securities issued under Chapter 133.	8072
of the Revised Code. The resolution authorizing these securities	8073
may include covenants to appropriate annually from lawfully	8074
available lodging taxes, and to continue to levy and collect those	8075
lodging taxes in, amounts necessary to meet the debt charges on	8076
those securities.	8077

(b) Special obligation securities issued under Chapter 133.	8078
of the Revised Code that are secured only by lawfully available	8079
lodging taxes and any other taxes and revenues pledged to pay the	8080
debt charges on those securities, except ad valorem property	8081
taxes. The resolution authorizing those securities shall include a	8082
pledge of and covenants to appropriate annually from lawfully	8083
available lodging taxes and any other taxes and revenues pledged	8084
for such purpose, and to continue to collect any of those revenues	8085
pledged for such purpose and to levy and collect those lodging	8086
taxes and any other taxes pledged for such purpose, in amounts	8087
necessary to meet the debt charges on those securities. The pledge	8088
is valid and binding from the time the pledge is made, and the	8089
lodging taxes so pledged and thereafter received by the county are	8090
immediately subject to the lien of the pledge without any physical	8091
delivery of the lodging taxes or further act. The lien of any	8092
pledge is valid and binding as against all parties having claims	8093
of any kind in tort, contract, or otherwise against the county,	8094
regardless of whether such parties have notice of the lien.	8095
Neither the resolution nor any trust agreement by which a pledge	8096
is created or further evidenced is required to be filed or	8097
recorded except in the records of the board. The special	8098
obligation securities shall contain a statement on their face to	8099
the effect that they are not general obligation securities, and,	8100
unless paid from other sources, are payable from the pledged	8101
lodging taxes.	8102

(c) Revenue securities authorized under section 133.08 of the	8103
Revised Code and issued under Chapter 133. of the Revised Code	8104
that are secured only by lawfully available project revenues	8105
pledged to pay the debt charges on those securities.	8106

(2) The securities described in division (I)(1) of this	8107
section are subject to Chapter 133. of the Revised Code.	8108

(3) Section 133.34 of the Revised Code, except for division	8109
(A) of that section, applies to the issuance of any refunding	8110
securities authorized under this division. In lieu of division (A)	8111
of section 133.34 of the Revised Code, the board of county	8112
commissioners shall establish the maturity date or dates, the	8113
interest payable on, and other terms of refunding securities as it	8114
considers necessary or appropriate for their issuance, provided	8115
that the final maturity of refunding securities shall not exceed	8116
by more than ten years the final maturity of any bonds refunded by	8117
refunding securities.	8118

(4) The board may not repeal, rescind, or reduce all or any	8119
portion of any lodging taxes pledged to the payment of debt	8120
charges on any outstanding special obligation securities	8121
authorized under this division, and no portion of any lodging	8122
taxes that is pledged, or that the board has covenanted to levy,	8123
collect, and appropriate annually to pay debt charges on any	8124
outstanding securities authorized under this division is subject	8125
to repeal, rescission, or reduction by the electorate of the	8126
county.	8127

Sec. 307.98. ~~Boards~~As used in this section, "county	8128
grantee" has the same meaning as in section 5101.21 of the Revised	8129
Code.	8130

Each board of county commissioners ~~may~~and each other county	8131
grantee of the county shall jointly enter into one or more written	8132
~~fiscal~~grant agreements with the director of job and family	8133
services in accordance with section 5101.21 of the Revised Code.	8134
~~If a board enters into a fiscal agreement, the~~The board of county	8135
commissioners shall enter into the agreement on behalf of the	8136
county family services agencies, other than a county family	8137
services agency that is a county ~~signer as defined in section~~	8138
~~5101.21 of the Revised Code~~grantee.	8139

Sec. 307.981. (A)(1) As used in the Revised Code:

8140

(a) "County family services agency" means all of the	8141
following:	8142

(i) A child support enforcement agency;

8143

(ii) A county department of job and family services;

8144

(iii) A public children services agency.

8145

(b) "Family services duty" means a duty state law requires or	8146
allows a county family services agency to assume, including	8147
financial and general administrative duties. "Family services	8148
duty" does not include a duty funded by the United States	8149
department of labor.	8150

(2) As used in sections 307.981 to 307.989 of the Revised	8151
Code, "private entity" means an entity other than a government	8152
entity.	8153

(B) To the extent permitted by federal law, including, when	8154
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8155
limitations established by the Revised Code, including division	8156
(H) of this section, a board of county commissioners may designate	8157
any private or government entity within this state to serve as any	8158
of the following:	8159

(1) A child support enforcement agency;

8160

(2) A county department of job and family services;

8161

(3) A public children services agency;

8162

(4) A county department of job and family services and one	8163
other of those county family services agencies;	8164

(5) All three of those county family services agencies.

8165

(C) To the extent permitted by federal law, including, when	8166
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8167
limitations of the Revised Code, including division (H) of this	8168
section, a board of county commissioners may change the	8169
designation it makes under division (B) of this section by	8170
designating another private or government entity.	8171

(D) If a designation under division (B) or (C) of this	8172
section constitutes a change from the designation in a ~~fiscal~~	8173
grant agreement between the director of job and family services	8174
and the board under sections 307.98 and 5101.21 of the Revised	8175
Code, the director may require that the director and board amend	8176
the ~~fiscal~~grant agreement and that the board provide the director	8177
written assurances that the newly designated private or government	8178
entity will meet or exceed all requirements of the family services	8179
duties the entity is to assume.	8180

(E) Not less than sixty days before a board of county	8181
commissioners designates an entity under division (B) or (C) of	8182
this section, the board shall notify the director of job and	8183
family services and publish notice in a newspaper of general	8184
circulation in the county of the board's intention to make the	8185
designation and reasons for the designation.	8186

(F) A board of county commissioners shall enter into a	8187
written contract with each entity it designates under division (B)	8188
or (C) of this section specifying the entity's responsibilities	8189
and standards the entity is required to meet.	8190

(G) This section does not require a board of county	8191
commissioners to abolish the child support enforcement agency,	8192
county department of job and family services, or public children	8193
services agency serving the county on October 1, 1997, and	8194
designate a different private or government entity to serve as the	8195
county's child support enforcement agency, county department of	8196
job and family services, or public children services agency.	8197

(H) If a county children services board appointed under	8198
section 5153.03 of the Revised Code serves as a public children	8199
services agency for a county, the board of county commissioners	8200
may not redesignate the public children services agency unless the	8201
board of county commissioners does all of the following:	8202

(1) Notifies the county children services board of its intent	8203
to redesignate the public children services agency. In its	8204
notification, the board of county commissioners shall provide the	8205
county children services board a written explanation of the	8206
administrative, fiscal, or performance considerations causing the	8207
board of county commissioners to seek to redesignate the public	8208
children services agency.	8209

(2) Provides the county children services board an	8210
opportunity to comment on the proposed redesignation before the	8211
redesignation occurs;	8212

(3) If the county children services board, not more than	8213
sixty days after receiving the notice under division (H)(1) of	8214
this section, notifies the board of county commissioners that the	8215
county children services board has voted to oppose the	8216
redesignation, votes unanimously to proceed with the	8217
redesignation.	8218

Sec. 308.04. Within sixty days after a regional airport	8219
authority has been created under section 308.03 of the Revised	8220
Code, the board of trustees for such regional airport authority	8221
shall be appointed as provided in the resolution creating it.	8222

Each member of the board of trustees, before entering upon	8223
~~his~~the member's official duties, shall take and subscribe to an	8224
oath or affirmation that hethe member will honestly, faithfully,	8225
and impartially perform the duties of ~~his~~ office, and that hethe	8226
member will not be interested directly or indirectly in any	8227
contract let by the regional airport authority. Any contract let	8228
by the regional airport authority in which a member of the board	8229
of trustees is directly or indirectly interested is void and	8230
unenforceable.	8231

After each member of the board has taken the oath as	8232
prescribed by this section the board shall meet and organize by	8233
electing one of its members as president and another as	8234
vice-president, who shall hold their respective offices until the	8235
next annual meeting of the board as provided in its bylaws. At	8236
each annual meeting thereafter the board shall elect from its	8237
membership a president and a vice-president who shall serve for a	8238
term of one year.	8239

The board shall appoint and fix the compensation of a	8240
secretary-treasurer, who shall not be a member of the board and	8241
who shall serve at the pleasure of the board.	8242

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	8243
of this section, the county recorder shall keep six separate sets	8244
of records as follows:	8245

(1) A record of deeds, in which shall be recorded all deeds	8246
and other instruments of writing for the absolute and	8247
unconditional sale or conveyance of lands, tenements, and	8248
hereditaments; all notices as provided in sections 5301.47 to	8249
5301.56 of the Revised Code; all judgments or decrees in actions	8250
brought under section 5303.01 of the Revised Code; all	8251
declarations and bylaws, and all amendments to declarations and	8252
bylaws, as provided in Chapter 5311. of the Revised Code;	8253
affidavits as provided in sections 5301.252 and 5301.56 of the	8254
Revised Code; all certificates as provided in section 5311.17 of	8255
the Revised Code; all articles dedicating archaeological preserves	8256
accepted by the director of the Ohio historical society under	8257
section 149.52 of the Revised Code; all articles dedicating nature	8258
preserves accepted by the director of natural resources under	8259
section 1517.05 of the Revised Code; all agreements for the	8260
registration of lands as archaeological or historic landmarks	8261
under section 149.51 or 149.55 of the Revised Code; all	8262
conveyances of conservation easements and agricultural easements	8263
under section 5301.68 of the Revised Code; all instruments	8264
extinguishing agricultural easements under section 901.21 or	8265
5301.691 of the Revised Code or pursuant to terms of such an	8266
easement granted to a charitable organization under section	8267
5301.68 of the Revised Code; all instruments or orders described	8268
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	8269
no further action letters issued under section 122.654 or 3746.11	8270
of the Revised Code; all covenants not to sue issued under section	8271
3746.12 of the Revised Code, including all covenants not to sue	8272
issued pursuant to section 122.654 of the Revised Code; any	8273
restrictions on the use of property contained in a no further	8274
action letter issued under section 122.654 of the Revised Code,	8275
any restrictions on the use of property identified pursuant to	8276
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	8277
restrictions on the use of property contained in a deed or other	8278
instrument as provided in division (E) or (F) of section 3737.882	8279
of the Revised Code; any easement executed or granted under	8280
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	8281
any environmental covenant entered into in accordance with	8282
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	8283
trust, as described in division (A) of section 5301.255 of the	8284
Revised Code, that describe specific real property; and all	8285
agreements entered into under division (A) of section ~~1521.26~~	8286
1506.44 of the Revised Code;	8287

(2) A record of mortgages, in which shall be recorded all of	8288
the following:	8289

(a) All mortgages, including amendments, supplements,	8290
modifications, and extensions of mortgages, or other instruments	8291
of writing by which lands, tenements, or hereditaments are or may	8292
be mortgaged or otherwise conditionally sold, conveyed, affected,	8293
or encumbered;	8294

(b) All executory installment contracts for the sale of land	8295
executed after September 29, 1961, that by their terms are not	8296
required to be fully performed by one or more of the parties to	8297
them within one year of the date of the contracts;	8298

(c) All options to purchase real estate, including	8299
supplements, modifications, and amendments of the options, but no	8300
option of that nature shall be recorded if it does not state a	8301
specific day and year of expiration of its validity;	8302

(d) Any tax certificate sold under section 5721.33 of the	8303
Revised Code, or memorandum of it, that is presented for filing of	8304
record.	8305

(3) A record of powers of attorney, including all memoranda	8306
of trust, as described in division (A) of section 5301.255 of the	8307
Revised Code, that do not describe specific real property;	8308

(4) A record of plats, in which shall be recorded all plats	8309
and maps of town lots, of the subdivision of town lots, and of	8310
other divisions or surveys of lands, any center line survey of a	8311
highway located within the county, the plat of which shall be	8312
furnished by the director of transportation or county engineer,	8313
and all drawings and amendments to drawings, as provided in	8314
Chapter 5311. of the Revised Code;	8315

(5) A record of leases, in which shall be recorded all	8316
leases, memoranda of leases, and supplements, modifications, and	8317
amendments of leases and memoranda of leases;	8318

(6) A record of declarations executed pursuant to section	8319
2133.02 of the Revised Code and durable powers of attorney for	8320
health care executed pursuant to section 1337.12 of the Revised	8321
Code.	8322

(B) All instruments or memoranda of instruments entitled to	8323
record shall be recorded in the proper record in the order in	8324
which they are presented for record. The recorder may index, keep,	8325
and record in one volume unemployment compensation liens, internal	8326
revenue tax liens and other liens in favor of the United States as	8327
described in division (A) of section 317.09 of the Revised Code,	8328
personal tax liens, mechanic's liens, agricultural product liens,	8329
notices of liens, certificates of satisfaction or partial release	8330
of estate tax liens, discharges of recognizances, excise and	8331
franchise tax liens on corporations, broker's liens, and liens	8332
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	8333
5311.18 of the Revised Code.	8334

The recording of an option to purchase real estate, including	8335
any supplement, modification, and amendment of the option, under	8336
this section shall serve as notice to any purchaser of an interest	8337
in the real estate covered by the option only during the period of	8338
the validity of the option as stated in the option.	8339

(C) In lieu of keeping the six separate sets of records	8340
required in divisions (A)(1) to (6) of this section and the	8341
records required in division (D) of this section, a county	8342
recorder may record all the instruments required to be recorded by	8343
this section in two separate sets of record books. One set shall	8344
be called the "official records" and shall contain the instruments	8345
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	8346
section. The second set of records shall contain the instruments	8347
listed in division (A)(4) of this section.	8348

(D) Except as provided in division (C) of this section, the	8349
county recorder shall keep a separate set of records containing	8350
all corrupt activity lien notices filed with the recorder pursuant	8351
to section 2923.36 of the Revised Code and a separate set of	8352
records containing all medicaid fraud lien notices filed with the	8353
recorder pursuant to section 2933.75 of the Revised Code.	8354

Sec. 319.202. Before the county auditor indorses any real	8355
property conveyance or manufactured or mobile home conveyance	8356
presented to the auditor pursuant to section 319.20 of the Revised	8357
Code or registers any manufactured or mobile home conveyance	8358
pursuant to section 4503.061 of the Revised Code, the grantee or	8359
the grantee's representative shall submit in triplicate a	8360
statement, prescribed by the tax commissioner, and other	8361
information as the county auditor may require, declaring the value	8362
of real property or manufactured or mobile home conveyed, except	8363
that when the transfer is exempt under division ~~(F)~~(G)(3) of	8364
section 319.54 of the Revised Code only a statement of the reason	8365
for the exemption shall be required. Each statement submitted	8366
under this section shall contain the information required under	8367
divisions (A) and (B) of this section.	8368

(A) Each statement submitted under this section shall either:

8369

(1) Contain an affirmation by the grantee that the grantor	8370
has been asked by the grantee or the grantee's representative	8371
whether to the best of the grantor's knowledge either the	8372
preceding or the current year's taxes on the real property or the	8373
current or following year's taxes on the manufactured or mobile	8374
home conveyed will be reduced under division (A) of section	8375
323.152 or under section 4503.065 of the Revised Code and that the	8376
grantor indicated that to the best of the grantor's knowledge the	8377
taxes will not be so reduced; or	8378

(2) Be accompanied by a sworn or affirmed instrument stating:

8379

(a) To the best of the grantor's knowledge the real property	8380
or the manufactured or mobile home that is the subject of the	8381
conveyance is eligible for and will receive a reduction in taxes	8382
for or payable in the current year under division (A) of section	8383
323.152 or under section 4503.065 of the Revised Code and that the	8384
reduction or reductions will be reflected in the grantee's taxes;	8385

(b) The estimated amount of such reductions that will be	8386
reflected in the grantee's taxes;	8387

(c) That the grantor and the grantee have considered and	8388
accounted for the total estimated amount of such reductions to the	8389
satisfaction of both the grantee and the grantor. The auditor	8390
shall indorse the instrument, return it to the grantee or the	8391
grantee's representative, and provide a copy of the indorsed	8392
instrument to the grantor or the grantor's representative.	8393

(B) Each statement submitted under this section shall either:

8394

(1) Contain an affirmation by the grantee that the grantor	8395
has been asked by the grantee or the grantee's representative	8396
whether to the best of the grantor's knowledge the real property	8397
conveyed qualified for the current agricultural use valuation	8398
under section 5713.30 of the Revised Code either for the preceding	8399
or the current year and that the grantor indicated that to the	8400
best of the grantor's knowledge the property conveyed was not so	8401
qualified; or	8402

(2) Be accompanied by a sworn or affirmed instrument stating:

8403

(a) To the best of the grantor's knowledge the real property	8404
conveyed was qualified for the current agricultural use valuation	8405
under section 5713.30 of the Revised Code either for the preceding	8406
or the current year;	8407

(b) To the extent that the property will not continue to	8408
qualify for the current agricultural use valuation either for the	8409
current or the succeeding year, that the property will be subject	8410
to a recoupment charge equal to the tax savings in accordance with	8411
section 5713.34 of the Revised Code;	8412

(c) That the grantor and the grantee have considered and	8413
accounted for the total estimated amount of such recoupment, if	8414
any, to the satisfaction of both the grantee and the grantor. The	8415
auditor shall indorse the instrument, forward it to the grantee or	8416
the grantee's representative, and provide a copy of the indorsed	8417
instrument to the grantor or the grantor's representative.	8418

(C) The grantor shall pay the fee required by division	8419
~~(F)~~(G)(3) of section 319.54 of the Revised Code; and, in the event	8420
the board of county commissioners of the county has levied a real	8421
property or a manufactured home transfer tax pursuant to Chapter	8422
322. of the Revised Code, the amount required by the real property	8423
or manufactured home transfer tax so levied. If the conveyance is	8424
exempt from the fee provided for in division ~~(F)~~(G)(3) of section	8425
319.54 of the Revised Code and the tax, if any, levied pursuant to	8426
Chapter 322. of the Revised Code, the reason for such exemption	8427
shall be shown on the statement. "Value" means, in the case of any	8428
deed or certificate of title not a gift in whole or part, the	8429
amount of the full consideration therefor, paid or to be paid for	8430
the real estate or manufactured or mobile home described in the	8431
deed or title, including the amount of any mortgage or vendor's	8432
lien thereon. If property sold under a land installment contract	8433
is conveyed by the seller under such contract to a third party and	8434
the contract has been of record at least twelve months prior to	8435
the date of conveyance, "value" means the unpaid balance owed to	8436
the seller under the contract at the time of the conveyance, but	8437
the statement shall set forth the amount paid under such contract	8438
prior to the date of conveyance. In the case of a gift in whole	8439
or part, "value" means the estimated price the real estate or	8440
manufactured or mobile home described in the deed or certificate	8441
of title would bring in the open market and under the then	8442
existing and prevailing market conditions in a sale between a	8443
willing seller and a willing buyer, both conversant with the	8444
property and with prevailing general price levels. No person shall	8445
willfully falsify the value of property conveyed.	8446

(D) The auditor shall indorse each conveyance on its face to	8447
indicate the amount of the conveyance fee and compliance with this	8448
section and if the property is residential rental property include	8449
a statement that the grantee shall file with the county auditor	8450
the information required under division (A) or (C) of section	8451
5323.02 of the Revised Code. The auditor shall retain the original	8452
copy of the statement of value, forward to the tax commissioner	8453
one copy on which shall be noted the most recent assessed value of	8454
the property, and furnish one copy to the grantee or the grantee's	8455
representative.	8456

(E) In order to achieve uniform administration and collection	8457
of the transfer fee required by division ~~(F)~~(G)(3) of section	8458
319.54 of the Revised Code, the tax commissioner shall adopt and	8459
promulgate rules for the administration and enforcement of the	8460
levy and collection of such fee.	8461

(F) As used in this section, "residential rental property"	8462
has the same meaning as in section 5323.01 of the Revised Code.	8463

Sec. 319.281. The county auditor shall place on the general	8464
tax list and duplicate compiled in accordance with section 319.28	8465
of the Revised Code the amount certified by the health	8466
commissioner of a city or general health district pursuant to	8467
section 3709.091 of the Revised Code of any unpaid operation	8468
permit or inspection fee for a household sewage ~~treatment~~disposal	8469
system ~~or a small flow on-site sewage treatment system or any~~	8470
~~other unpaid fee levied under Chapter 3718. of the Revised Code~~	8471
and any accrued late payment penalties, together with any fee	8472
charged by the county auditor for placing the amount on the	8473
general tax list and duplicate and for the expenses of its	8474
collection. The amount placed on the general tax list and	8475
duplicate shall be a lien on the real property on which the	8476
household sewage ~~treatment~~disposal system ~~or small flow on-site~~	8477
~~sewage treatment system~~ is located from the date the amount was	8478
placed on the tax list and duplicate, and shall be charged and	8479
collected in the same manner as taxes on the list.	8480

Sec. 319.54. (A) On all moneys collected by the county	8481
treasurer on any tax duplicate of the county, other than estate	8482
tax duplicates, and on all moneys received as advance payments of	8483
personal property and classified property taxes, the county	8484
auditor, on settlement with the treasurer and tax commissioner, on	8485
or before the date prescribed by law for such settlement or any	8486
lawful extension of such date, shall be allowed as compensation	8487
for the county auditor's services the following percentages:	8488

(1) On the first one hundred thousand dollars, two and	8489
one-half per cent;	8490

(2) On the next two million dollars, eight thousand three	8491
hundred eighteen ten-thousandths of one per cent;	8492

(3) On the next two million dollars, six thousand six hundred	8493
fifty-five ten-thousandths of one per cent;	8494

(4) On all further sums, one thousand six hundred sixty-three	8495
ten-thousandths of one per cent.	8496

If any settlement is not made on or before the date	8497
prescribed by law for such settlement or any lawful extension of	8498
such date, the aggregate compensation allowed to the auditor shall	8499
be reduced one per cent for each day such settlement is delayed	8500
after the prescribed date. No penalty shall apply if the auditor	8501
and treasurer grant all requests for advances up to ninety per	8502
cent of the settlement pursuant to section 321.34 of the Revised	8503
Code. The compensation allowed in accordance with this section on	8504
settlements made before the dates prescribed by law, or the	8505
reduced compensation allowed in accordance with this section on	8506
settlements made after the date prescribed by law or any lawful	8507
extension of such date, shall be apportioned ratably by the	8508
auditor and deducted from the shares or portions of the revenue	8509
payable to the state as well as to the county, townships,	8510
municipal corporations, and school districts.	8511

(B) For the purpose of reimbursing county auditors for the	8512
expenses associated with the increased number of applications for	8513
reductions in real property taxes under sections 323.152 and	8514
4503.065 of the Revised Code that results from the amendment of	8515
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	8516
on the first day of August of each year there shall be paid from	8517
the state's general revenue fund to the county treasury to the	8518
credit of the real estate assessment fund created by section	8519
325.31 of the Revised Code an amount equal to one per cent of the	8520
total annual amount of property tax relief reimbursement paid to	8521
that county under sections 323.156 and 4503.068 of the Revised	8522
Code for the preceding tax year.	8523

(C) From all moneys collected by the county treasurer on any	8524
tax duplicate of the county, other than estate tax duplicates, and	8525
on all moneys received as advance payments of personal property	8526
and classified property taxes, there shall be paid into the county	8527
treasury to the credit of the real estate assessment fund created	8528
by section 325.31 of the Revised Code, an amount to be determined	8529
by the county auditor, which shall not exceed the ~~following~~	8530
percentages:prescribed in divisions (C)(1) and (2) of this	8531
section.	8532

(1) OnFor payments made after June 30, 2007, and before	8533
2011, the following percentages:	8534

(a) On the first ~~one~~five hundred thousand dollars, ~~three and~~	8535
~~one-half~~four per cent;	8536

~~(2)~~(b) On the next ~~three~~five million dollars, ~~one and~~	8537
~~three-eighths~~two per cent;	8538

~~(3)~~(c) On the next ~~three~~five million dollars, one per cent;

8539

~~(4)~~(d) On all further sums not exceeding one hundred fifty	8540
million dollars, three-quarters of one per cent;	8541

~~(5)~~(e) On amounts exceeding one hundred fifty million	8542
dollars, ~~six-tenths~~five hundred eighty-five thousandths of one	8543
per cent.	8544

(2) For payments made in or after 2011, the following	8545
percentages:	8546

(a) On the first five hundred thousand dollars, four per	8547
cent;	8548

(b) On the next ten million dollars, two per cent;

8549

(c) On amounts exceeding ten million five hundred thousand	8550
dollars, three-fourths of one per cent.	8551

Such compensation shall be apportioned ratably by the auditor	8552
and deducted from the shares or portions of the revenue payable to	8553
the state as well as to the county, townships, municipal	8554
corporations, and school districts.	8555

~~(C)~~(D) Each county auditor shall receive four per cent of the	8556
amount of tax collected and paid into the county treasury, on	8557
property omitted and placed by the county auditor on the tax	8558
duplicate.	8559

~~(D)~~(E) On all estate tax moneys collected by the county	8560
treasurer, the county auditor, on settlement semiannually with the	8561
tax commissioner, shall be allowed, as compensation for the	8562
auditor's services under Chapter 5731. of the Revised Code, the	8563
following percentages:	8564

(1) Four per cent on the first one hundred thousand dollars;

8565

(2) One-half of one per cent on all additional sums.

8566

Such percentages shall be computed upon the amount collected	8567
and reported at each semiannual settlement, and shall be for the	8568
use of the general fund of the county.	8569

~~(E)~~(F) On all cigarette license moneys collected by the	8570
county treasurer, the county auditor, on settlement semiannually	8571
with the treasurer, shall be allowed as compensation for the	8572
auditor's services in the issuing of such licenses one-half of one	8573
per cent of such moneys, to be apportioned ratably and deducted	8574
from the shares of the revenue payable to the county and	8575
subdivisions, for the use of the general fund of the county.	8576

~~(F)~~(G) The county auditor shall charge and receive fees as	8577
follows:	8578

(1) For deeds of land sold for taxes to be paid by the	8579
purchaser, five dollars;	8580

(2) For the transfer or entry of land, lot, or part of lot,	8581
or the transfer or entry on or after January 1, 2000, of a used	8582
manufactured home or mobile home as defined in section 5739.0210	8583
of the Revised Code, fifty cents for each transfer or entry, to be	8584
paid by the person requiring it;	8585

(3) For receiving statements of value and administering	8586
section 319.202 of the Revised Code, one dollar, or ten cents for	8587
each one hundred dollars or fraction of one hundred dollars,	8588
whichever is greater, of the value of the real property	8589
transferred or, for sales occurring on or after January 1, 2000,	8590
the value of the used manufactured home or used mobile home, as	8591
defined in section 5739.0210 of the Revised Code, transferred,	8592
except no fee shall be charged when the transfer is made:	8593

(a) To or from the United States, this state, or any	8594
instrumentality, agency, or political subdivision of the United	8595
States or this state;	8596

(b) Solely in order to provide or release security for a debt	8597
or obligation;	8598

(c) To confirm or correct a deed previously executed and	8599
recorded;	8600

(d) To evidence a gift, in trust or otherwise and whether	8601
revocable or irrevocable, between husband and wife, or parent and	8602
child or the spouse of either;	8603

(e) On sale for delinquent taxes or assessments;

8604

(f) Pursuant to court order, to the extent that such transfer	8605
is not the result of a sale effected or completed pursuant to such	8606
order;	8607

(g) Pursuant to a reorganization of corporations or	8608
unincorporated associations or pursuant to the dissolution of a	8609
corporation, to the extent that the corporation conveys the	8610
property to a stockholder as a distribution in kind of the	8611
corporation's assets in exchange for the stockholder's shares in	8612
the dissolved corporation;	8613

(h) By a subsidiary corporation to its parent corporation for	8614
no consideration, nominal consideration, or in sole consideration	8615
of the cancellation or surrender of the subsidiary's stock;	8616

(i) By lease, whether or not it extends to mineral or mineral	8617
rights, unless the lease is for a term of years renewable forever;	8618

(j) When the value of the real property or the manufactured	8619
or mobile home or the value of the interest that is conveyed does	8620
not exceed one hundred dollars;	8621

(k) Of an occupied residential property, including a	8622
manufactured or mobile home, being transferred to the builder of a	8623
new residence or to the dealer of a new manufactured or mobile	8624
home when the former residence is traded as part of the	8625
consideration for the new residence or new manufactured or mobile	8626
home;	8627

(l) To a grantee other than a dealer in real property or in	8628
manufactured or mobile homes, solely for the purpose of, and as a	8629
step in, the prompt sale of the real property or manufactured or	8630
mobile home to others;	8631

(m) To or from a person when no money or other valuable and	8632
tangible consideration readily convertible into money is paid or	8633
to be paid for the real estate or manufactured or mobile home and	8634
the transaction is not a gift;	8635

(n) Pursuant to division (B) of section 317.22 of the Revised	8636
Code, or section 2113.61 of the Revised Code, between spouses or	8637
to a surviving spouse pursuant to section 5302.17 of the Revised	8638
Code as it existed prior to April 4, 1985, between persons	8639
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	8640
after April 4, 1985, to a person who is a surviving, survivorship	8641
tenant pursuant to section 5302.17 of the Revised Code on or after	8642
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	8643

(o) To a trustee acting on behalf of minor children of the	8644
deceased;	8645

(p) Of an easement or right-of-way when the value of the	8646
interest conveyed does not exceed one thousand dollars;	8647

(q) Of property sold to a surviving spouse pursuant to	8648
section 2106.16 of the Revised Code;	8649

(r) To or from an organization exempt from federal income	8650
taxation under section 501(c)(3) of the "Internal Revenue Code of	8651
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	8652
transfer is without consideration and is in furtherance of the	8653
charitable or public purposes of such organization;	8654

(s) Among the heirs at law or devisees, including a surviving	8655
spouse, of a common decedent, when no consideration in money is	8656
paid or to be paid for the real property or manufactured or mobile	8657
home;	8658

(t) To a trustee of a trust, when the grantor of the trust	8659
has reserved an unlimited power to revoke the trust;	8660

(u) To the grantor of a trust by a trustee of the trust, when	8661
the transfer is made to the grantor pursuant to the exercise of	8662
the grantor's power to revoke the trust or to withdraw trust	8663
assets;	8664

(v) To the beneficiaries of a trust if the fee was paid on	8665
the transfer from the grantor of the trust to the trustee or if	8666
the transfer is made pursuant to trust provisions which became	8667
irrevocable at the death of the grantor;	8668

(w) To a corporation for incorporation into a sports facility	8669
constructed pursuant to section 307.696 of the Revised Code;	8670

(x) Between persons pursuant to section 5302.18 of the	8671
Revised Code.	8672

The auditor shall compute and collect the fee. The auditor	8673
shall maintain a numbered receipt system, as prescribed by the tax	8674
commissioner, and use such receipt system to provide a receipt to	8675
each person paying a fee. The auditor shall deposit the receipts	8676
of the fees on conveyances in the county treasury daily to the	8677
credit of the general fund of the county.	8678

The real property transfer fee provided for in division	8679
~~(F)~~(G)(3) of this section shall be applicable to any conveyance of	8680
real property presented to the auditor on or after January 1,	8681
1968, regardless of its time of execution or delivery.	8682

The transfer fee for a used manufactured home or used mobile	8683
home shall be computed by and paid to the county auditor of the	8684
county in which the home is located immediately prior to the	8685
transfer.	8686

Sec. 322.01. As used in sections 322.01 to 322.07 of the	8687
Revised Code:	8688

(A) "Value" means, in the case of any deed not a gift in	8689
whole or part, the amount of the full consideration therefor, paid	8690
or to be paid for the real estate described in the deed, including	8691
the amount of any liens thereon, with the following exceptions:	8692

(1) The amount owed on a debt secured by a mortgage which has	8693
been of record at least twelve months prior to the date of the	8694
conveyance and which is assumed by the purchaser;	8695

(2) The difference between the full amount of consideration	8696
and the unpaid balance owed to the seller at the time of the	8697
conveyance of property to a third party under a land installment	8698
contract that has been of record at least twelve months prior to	8699
the date of conveyance.	8700

(B) "Value" means, in the case of a manufactured or mobile	8701
home that is not a gift in whole or in part, the amount of the	8702
full consideration paid or to be paid for the home, including the	8703
amounts of any liens thereon.	8704

(C) "Value" means, in the case of a gift in whole or part,	8705
the estimated price the real estate described in the deed, or the	8706
manufactured or mobile home, would bring in the open market and	8707
under the then existing and prevailing market conditions in a sale	8708
between a willing seller and a willing buyer, both conversant with	8709
the property and with prevailing general price levels.	8710

(D) "Deed" means any deed, instrument, or writing by which	8711
any real property or any interest in real property is granted,	8712
assigned, transferred, or otherwise conveyed except that it does	8713
not include any deed, instrument, or writing which grants,	8714
assigns, transfers, or otherwise conveys any real property or	8715
interests in real property exempted from the fee required by	8716
division ~~(F)~~(G)(3) of section 319.54 of the Revised Code.	8717

(E) "Manufactured home" has the same meaning as in division	8718
(C)(4) of section 3781.06 of the Revised Code.	8719

(F) "Mobile home" has the same meaning as in division (O) of	8720
section 4501.01 of the Revised Code.	8721

Sec. 323.131. (A) Each tax bill prepared and mailed or	8722
delivered under section 323.13 of the Revised Code shall be in the	8723
form and contain the information required by the tax commissioner.	8724
The commissioner may prescribe different forms for each county and	8725
may authorize the county auditor to make up tax bills and tax	8726
receipts to be used by the county treasurer. For any county in	8727
which the board of county commissioners has granted a partial	8728
property tax exemption on homesteads under section 323.158 of the	8729
Revised Code, the commissioner shall require that the tax bills	8730
for those homesteads include a notice of the amount of the tax	8731
reduction that results from the partial exemption. In addition to	8732
the information required by the commissioner, each tax bill shall	8733
contain the following information:	8734

~~(A)~~(1) The taxes levied and the taxes charged and payable	8735
against the property;	8736

~~(B)~~(2) The effective tax rate. The words "effective tax rate"	8737
shall appear in boldface type.	8738

~~(C)~~(3) The following notices:

8739

~~(1)~~(a) "Notice: If the taxes are not paid within one year	8740
from the date they are due, the property is subject to foreclosure	8741
for tax delinquency." Failure to provide such notice has no effect	8742
upon the validity of any tax foreclosure to which a property is	8743
subjected.	8744

~~(2)~~(b) "Notice: If the taxes charged against this parcel have	8745
been reduced by the 2-1/2 per cent tax reduction for residences	8746
occupied by the owner but the property is not a residence occupied	8747
by the owner, the owner must notify the county auditor's office	8748
not later than March 31 of the year following the year for which	8749
the taxes are due. Failure to do so may result in the owner being	8750
convicted of a fourth degree misdemeanor, which is punishable by	8751
imprisonment up to 30 days, a fine up to $250, or both, and in the	8752
owner having to repay the amount by which the taxes were	8753
erroneously or illegally reduced, plus any interest that may	8754
apply.	8755

If the taxes charged against this parcel have not been	8756
reduced by the 2-1/2 per cent tax reduction and the parcel	8757
includes a residence occupied by the owner, the parcel may qualify	8758
for the tax reduction. To obtain an application for the tax	8759
reduction or further information, the owner may contact the county	8760
auditor's office at .......... (insert the address and telephone	8761
number of the county auditor's office)."	8762

~~(D)~~(4) For a tract or lot on the real property tax suspension	8763
list under section 319.48 of the Revised Code, the following	8764
notice: "Notice: The taxes shown due on this bill are for the	8765
current year only. Delinquent taxes, penalties, and interest also	8766
are due on this property. Contact the county treasurer to learn	8767
the total amount due."	8768

The tax bill shall not contain or be mailed or delivered with	8769
any information or material that is not required by this section	8770
or that is not authorized by section 321.45 of the Revised Code or	8771
by the tax commissioner.	8772

(B) If the property is residential rental property, the tax	8773
bill shall contain a statement that the owner of the residential	8774
rental property shall file with the county auditor the information	8775
required under division (A) or (C) of section 5323.02 of the	8776
Revised Code.	8777

(C) As used in this section, "residential rental property"	8778
has the same meaning as in section 5323.01 of the Revised Code.	8779

Sec. 323.151. As used in sections 323.151 to 323.159 of the	8780
Revised Code:	8781

(A) "Homestead" means either of the following:

8782

(1) A dwelling, including a unit in a multiple-unit dwelling	8783
and a manufactured home or mobile home taxed as real property	8784
pursuant to division (B) of section 4503.06 of the Revised Code,	8785
owned and occupied as a home by an individual whose domicile is in	8786
this state and who has not acquired ownership from a person, other	8787
than the individual's spouse, related by consanguinity or affinity	8788
for the purpose of qualifying for the real property tax reduction	8789
provided in section 323.152 of the Revised Code.	8790

(2) A unit in a housing cooperative that is occupied as a	8791
home, but not owned, by an individual whose domicile is in this	8792
state.	8793

The homestead shall include so much of the land surrounding	8794
it, not exceeding one acre, as is reasonably necessary for the use	8795
of the dwelling or unit as a home. An owner includes a holder of	8796
one of the several estates in fee, a vendee in possession under a	8797
purchase agreement or a land contract, a mortgagor, a life tenant,	8798
one or more tenants with a right of survivorship, tenants in	8799
common, and a settlor of a revocable inter vivos trust holding the	8800
title to a homestead occupied by the settlor as of right under the	8801
trust. The tax commissioner shall adopt rules for the uniform	8802
classification and valuation of real property or portions of real	8803
property as homesteads.	8804

(B) "Sixty-five years of age or older" means a person who has	8805
attained age sixty-four prior to the first day of January of the	8806
year of application for reduction in real estate taxes.	8807

(C) ~~"Total income" means the adjusted gross income of the~~	8808
~~owner and the owner's spouse for the year preceding the year in~~	8809
~~which application for a reduction in taxes is made, as determined~~	8810
~~under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26~~	8811
~~U.S.C.A. 1, as amended, adjusted as follows:~~	8812

~~(1) Subtract the amount of disability benefits included in~~	8813
~~adjusted gross income, but not to exceed fifty-two hundred~~	8814
~~dollars;~~	8815

~~(2) Add old age and survivors benefits received pursuant to~~	8816
~~the "Social Security Act" that are not included in adjusted gross~~	8817
~~income;~~	8818

~~(3) Add retirement, pension, annuity, or other retirement~~	8819
~~payments or benefits not included in adjusted gross income;~~	8820

~~(4) Add tier I and tier II railroad retirement benefits~~	8821
~~received pursuant to the "Railroad Retirement Act," 50 Stat. 307,~~	8822
~~45 U.S.C.A. 228;~~	8823

~~(5) Add interest on federal, state, and local government~~	8824
~~obligations;~~	8825

~~(6) For a person who received the homestead exemption for a~~	8826
~~prior year on the basis of being permanently and totally disabled~~	8827
~~and whose current application for the exemption is made on the~~	8828
~~basis of age, subtract the following amount:~~	8829

~~(a) If the person received disability benefits that were not~~	8830
~~included in adjusted gross income in the year preceding the first~~	8831
~~year in which the person applied for the exemption on the basis of~~	8832
~~age, subtract an amount equal to the disability benefits the~~	8833
~~person received in that preceding year, to the extent included in~~	8834
~~total income in the current year and not subtracted under division~~	8835
~~(C)(1) of this section in the current year;~~	8836

~~(b) If the person received disability benefits that were~~	8837
~~included in adjusted gross income in the year preceding the first~~	8838
~~year in which the person applied for the exemption on the basis of~~	8839
~~age, subtract an amount equal to the amount of disability benefits~~	8840
~~that were subtracted pursuant to division (C)(1) of this section~~	8841
~~in that preceding year, to the extent included in total income in~~	8842
~~the current year and not subtracted under division (C)(1) of this~~	8843
~~section in the current year.~~	8844

~~Disability benefits that are paid by the department of~~	8845
~~veterans affairs or a branch of the armed forces of the United~~	8846
~~States on account of an injury or disability shall not be included~~	8847
~~in total income.~~	8848

~~(D) "Old age and survivors benefits received pursuant to the~~	8849
~~'Social Security Act'" or "tier I railroad retirement benefits~~	8850
~~received pursuant to the 'Railroad Retirement Act'" means:~~	8851

~~(1) For those persons receiving the homestead exemption for~~	8852
~~the first time for tax years 1976 and earlier, old age benefits~~	8853
~~payable under the social security or railroad retirement laws in~~	8854
~~effect on December 31, 1975, except in those cases where a change~~	8855
~~in social security or railroad retirement benefits would result in~~	8856
~~a reduction in income.~~	8857

~~(2) For those persons receiving the homestead exemption for~~	8858
~~the first time for tax years 1977 and thereafter, old age benefits~~	8859
~~payable under the social security or railroad retirement laws in~~	8860
~~effect on the last day of the calendar year prior to the year for~~	8861
~~which the homestead exemption is first received, or, if no such~~	8862
~~benefits are payable that year, old age benefits payable the first~~	8863
~~succeeding year in which old age benefits under the social~~	8864
~~security or railroad retirement laws are payable, except in those~~	8865
~~cases where a change in social security or railroad retirement~~	8866
~~benefits results in a reduction in income.~~	8867

~~(3) The lesser of:~~

8868

~~(a) Survivors benefits payable under the social security or~~	8869
~~railroad retirement laws in effect on the last day of the calendar~~	8870
~~year prior to the year for which the homestead exemption is first~~	8871
~~received, or, if no such benefits are payable that year, survivors~~	8872
~~benefits payable the first succeeding year in which survivors~~	8873
~~benefits are payable; or~~	8874

~~(b) Old age benefits of the deceased spouse, as determined~~	8875
~~under division (D)(1) or (2) of this section, upon which the~~	8876
~~surviving spouse's survivors benefits are based under the social~~	8877
~~security or railroad retirement laws, except in those cases where~~	8878
~~a change in benefits would cause a reduction in income.~~	8879

~~Survivors benefits are those described in division (D)(3)(b)~~	8880
~~of this section only if the deceased spouse received old age~~	8881
~~benefits in the year in which the deceased spouse died. If the~~	8882
~~deceased spouse did not receive old age benefits in the year in~~	8883
~~which the deceased spouse died, then survivors benefits are those~~	8884
~~described in division (D)(3)(a) of this section.~~	8885

~~(E)~~ "Permanently and totally disabled" means a person who	8886
has, on the first day of January of the year of application for	8887
reduction in real estate taxes, some impairment in body or mind	8888
that makes the person unable to work at any substantially	8889
remunerative employment that the person is reasonably able to	8890
perform and that will, with reasonable probability, continue for	8891
an indefinite period of at least twelve months without any present	8892
indication of recovery therefrom or has been certified as	8893
permanently and totally disabled by a state or federal agency	8894
having the function of so classifying persons.	8895

~~(F)~~(D) "Housing cooperative" means a housing complex of at	8896
least two hundred fifty units that is owned and operated by a	8897
nonprofit corporation that issues a share of the corporation's	8898
stock to an individual, entitling the individual to live in a unit	8899
of the complex, and collects a monthly maintenance fee from the	8900
individual to maintain, operate, and pay the taxes of the complex.	8901

Sec. 323.152. In addition to the reduction in taxes required	8902
under section 319.302 of the Revised Code, taxes shall be reduced	8903
as provided in divisions (A) and (B) of this section.	8904

(A)(1) Division (A) of this section applies to any of the	8905
following:	8906

(a) A person who is permanently and totally disabled;

8907

(b) A person who is sixty-five years of age or older;

8908

(c) A person who is the surviving spouse of a deceased person	8909
who was permanently and totally disabled or sixty-five years of	8910
age or older and who applied and qualified for a reduction in	8911
taxes under this division in the year of death, provided the	8912
surviving spouse is at least fifty-nine but not sixty-five or more	8913
years of age on the date the deceased spouse dies.	8914

(2) Real property taxes on a homestead owned and occupied, or	8915
a homestead in a housing cooperative occupied, by a person to whom	8916
division (A) of this section applies shall be reduced for each	8917
year for which the owner obtains a certificate of reduction from	8918
the county auditor under section 323.154 of the Revised Code or	8919
for which the occupant obtains a certificate of reduction in	8920
accordance with section 323.159 of the Revised Code. The reduction	8921
shall equal the ~~amount obtained by multiplying the tax rate for~~	8922
~~the tax year for which the certificate is issued by the reduction~~	8923
~~in taxable value shown in the following schedule:~~	8924

		~~Reduce Taxable Value~~		8925
~~Total Income~~		~~by the Lesser of:~~		8926

~~$11,900 or less~~	~~$5,000 or seventy-five per cent~~	8927
~~More than $11,900 but not more than $17,500~~	~~$3,000 or sixty per cent~~	8928
~~More than $17,500 but not more than $23,000~~	~~$1,000 or twenty-five per cent~~	8929
~~More than $23,000~~	~~-0-~~	8930

~~(3) Each calendar year, the tax commissioner shall adjust the~~	8931
~~foregoing schedule by completing the following calculations in~~	8932
~~September of each year:~~	8933

~~(a) Determine the percentage increase in the gross domestic~~	8934
~~product deflator determined by the bureau of economic analysis of~~	8935
~~the United States department of commerce from the first day of~~	8936
~~January of the preceding calendar year to the last day of December~~	8937
~~of the preceding calendar year;~~	8938

~~(b) Multiply that percentage increase by each of the total~~	8939
~~income amounts, and by each dollar amount by which taxable value~~	8940
~~is reduced, for the current tax year;~~	8941

~~(c) Add the resulting product to each of the total income~~	8942
~~amounts, and to each of the dollar amounts by which taxable value~~	8943
~~is reduced, for the current tax year;~~	8944

~~(d)(i) Except as provided in division (A)(3)(d)(ii) of this~~	8945
~~section, round the resulting sum to the nearest multiple of one~~	8946
~~hundred dollars;~~	8947

~~(ii) If rounding the resulting sum to the nearest multiple of~~	8948
~~one hundred dollars under division (A)(3)(d)(i) of this section~~	8949
~~does not increase the dollar amounts by which taxable value is~~	8950
~~reduced, the resulting sum instead shall be rounded to the nearest~~	8951
~~multiple of ten dollars.~~	8952

~~The commissioner shall certify the amounts resulting from the~~	8953
~~adjustment to each county auditor not later than the first day of~~	8954
~~December each year. The certified amounts apply to the following~~	8955
~~tax year. The commissioner shall not make the adjustment in any~~	8956
~~calendar year in which the amounts resulting from the adjustment~~	8957
~~would be less than the total income amounts, or less than the~~	8958
~~dollar amounts by which taxable value is reduced, for the current~~	8959
~~tax year~~greater of the reduction granted for the tax year	8960
preceding the first tax year to which this section applies	8961
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th	8962
general assembly, if the taxpayer received a reduction for that	8963
preceding tax year, or the product of the following:	8964

(a) Twenty-five thousand dollars of the true value of the	8965
property in money;	8966

(b) The assessment percentage established by the tax	8967
commissioner under division (B) of section 5715.01 of the Revised	8968
Code, not to exceed thirty-five per cent;	8969

(c) The effective tax rate used to calculate the taxes	8970
charged against the property for the current year, where	8971
"effective tax rate" is defined as in section 323.08 of the	8972
Revised Code;	8973

(d) The quantity equal to one minus the sum of the percentage	8974
reductions in taxes allowed by section 319.302 of the Revised Code	8975
and division (B) of section 323.152 of the Revised Code for the	8976
property for the current year.	8977

(B) To provide a partial exemption, real property taxes on	8978
any homestead, and manufactured home taxes on any manufactured or	8979
mobile home on which a manufactured home tax is assessed pursuant	8980
to division (D)(2) of section 4503.06 of the Revised Code, shall	8981
be reduced for each year for which the owner obtains a certificate	8982
of reduction from the county auditor under section 323.154 of the	8983
Revised Code. The amount of the reduction shall equal two and	8984
one-half per cent of the amount of taxes to be levied on the	8985
homestead or the manufactured or mobile home after applying	8986
section 319.301 of the Revised Code.	8987

(C) The reductions granted by this section do not apply to	8988
special assessments or respread of assessments levied against the	8989
homestead, and if there is a transfer of ownership subsequent to	8990
the filing of an application for a reduction in taxes, such	8991
reductions are not forfeited for such year by virtue of such	8992
transfer.	8993

(D) The reductions in taxable value referred to in this	8994
section shall be applied solely as a factor for the purpose of	8995
computing the reduction of taxes under this section and shall not	8996
affect the total value of property in any subdivision or taxing	8997
district as listed and assessed for taxation on the tax lists and	8998
duplicates, or any direct or indirect limitations on indebtedness	8999
of a subdivision or taxing district. If after application of	9000
sections 5705.31 and 5705.32 of the Revised Code, including the	9001
allocation of all levies within the ten-mill limitation to debt	9002
charges to the extent therein provided, there would be	9003
insufficient funds for payment of debt charges not provided for by	9004
levies in excess of the ten-mill limitation, the reduction of	9005
taxes provided for in sections 323.151 to 323.159 of the Revised	9006
Code shall be proportionately adjusted to the extent necessary to	9007
provide such funds from levies within the ten-mill limitation.	9008

(E) No reduction shall be made on the taxes due on the	9009
homestead of any person convicted of violating division (C) or (D)	9010
of section 323.153 of the Revised Code for a period of three years	9011
following the conviction.	9012

Sec. 323.153. (A) To obtain a reduction in real property	9013
taxes under division (A) or (B) of section 323.152 of the Revised	9014
Code or in manufactured home taxes under division (B) of section	9015
323.152 of the Revised Code, the owner shall file an application	9016
with the county auditor of the county in which the owner's	9017
homestead is located.	9018

To obtain a reduction in real property taxes under division	9019
(A) of section 323.152 of the Revised Code, the occupant of a	9020
homestead in a housing cooperative shall file an application with	9021
the nonprofit corporation that owns and operates the housing	9022
cooperative, in accordance with this paragraph. Not later than the	9023
first day of March each year, the corporation shall obtain	9024
applications from the county auditor's office and provide one to	9025
each new occupant. Not later than the first day of May, any	9026
occupant who may be eligible for a reduction in taxes under	9027
division (A) of section 323.152 of the Revised Code shall submit	9028
the completed application to the corporation. Not later than the	9029
fifteenth day of May, the corporation shall file all completed	9030
applications, and the information required by division (B) of	9031
section 323.159 of the Revised Code, with the county auditor of	9032
the county in which the occupants' homesteads are located.	9033
Continuing applications shall be furnished to an occupant in the	9034
manner provided in division (C)(4) of this section.	9035

(1) An application for reduction based upon a physical	9036
disability shall be accompanied by a certificate signed by a	9037
physician, and an application for reduction based upon a mental	9038
disability shall be accompanied by a certificate signed by a	9039
physician or psychologist licensed to practice in this state,	9040
attesting to the fact that the applicant is permanently and	9041
totally disabled. The certificate shall be in a form that the tax	9042
commissioner requires and shall include the definition of	9043
permanently and totally disabled as set forth in section 323.151	9044
of the Revised Code. An application for reduction based upon a	9045
disability certified as permanent and total by a state or federal	9046
agency having the function of so classifying persons shall be	9047
accompanied by a certificate from that agency. ~~Such an~~	9048

An application for a reduction under division (A) of section	9049
323.152 of the Revised Code constitutes a continuing application	9050
for a reduction in taxes for each year in which the dwelling is	9051
the applicant's homestead ~~and the amount of the reduction in~~	9052
~~taxable value to which the applicant is entitled does not exceed~~	9053
~~either the amount or percentage of the reduction to which the~~	9054
~~applicant was entitled for the year in which the application was~~	9055
~~first filed~~.	9056

(2) An application for a reduction in taxes under division	9057
(B) of section 323.152 of the Revised Code shall be filed only if	9058
the homestead or manufactured or mobile home was transferred in	9059
the preceding year or did not qualify for and receive the	9060
reduction in taxes under that division for the preceding tax year.	9061
The application for homesteads transferred in the preceding year	9062
shall be incorporated into any form used by the county auditor to	9063
administer the tax law in respect to the conveyance of real	9064
property pursuant to section 319.20 of the Revised Code or of used	9065
manufactured homes or used mobile homes as defined in section	9066
5739.0210 of the Revised Code. The owner of a manufactured or	9067
mobile home who has elected under division (D)(4) of section	9068
4503.06 of the Revised Code to be taxed under division (D)(2) of	9069
that section for the ensuing year may file the application at the	9070
time of making that election. The application shall contain a	9071
statement that failure by the applicant to affirm on the	9072
application that the dwelling on the property conveyed is the	9073
applicant's homestead prohibits the owner from receiving the	9074
reduction in taxes until a proper application is filed within the	9075
period prescribed by division (A)(3) of this section. Such an	9076
application constitutes a continuing application for a reduction	9077
in taxes for each year in which the dwelling is the applicant's	9078
homestead.	9079

(3) Failure to receive a new application filed under division	9080
(A)(1) or (2) or notification under division (C) of this section	9081
after a certificate of reduction has been issued under section	9082
323.154 of the Revised Code, or failure to receive a new	9083
application filed under division (A)(1) or notification under	9084
division (C) of this section after a certificate of reduction has	9085
been issued under section 323.159 of the Revised Code, is	9086
prima-facie evidence that the original applicant is entitled to	9087
the reduction in taxes calculated on the basis of the information	9088
contained in the original application. The original application	9089
and any subsequent application, including any late application,	9090
shall be in the form of a signed statement and shall be filed	9091
after the first Monday in January and not later than the first	9092
Monday in June. The original application and any subsequent	9093
application for a reduction in real property taxes shall be filed	9094
in the year for which the reduction is sought. The original	9095
application and any subsequent application for a reduction in	9096
manufactured home taxes shall be filed in the year preceding the	9097
year for which the reduction is sought. The statement shall be on	9098
a form, devised and supplied by the tax commissioner, which shall	9099
require no more information than is necessary to establish the	9100
applicant's eligibility for the reduction in taxes and the amount	9101
of the reduction, and, for a certificate of reduction issued under	9102
section 323.154 of the Revised Code, shall include an affirmation	9103
by the applicant that ownership of the homestead was not acquired	9104
from a person, other than the applicant's spouse, related to the	9105
owner by consanguinity or affinity for the purpose of qualifying	9106
for the real property or manufactured home tax reduction provided	9107
for in division (A) or (B) of section 323.152 of the Revised Code.	9108
The form shall contain a statement that conviction of willfully	9109
falsifying information to obtain a reduction in taxes or failing	9110
to comply with division (C) of this section results in the	9111
revocation of the right to the reduction for a period of three	9112
years. ~~In the case of an application for a reduction in taxes~~	9113
~~under division (A) of section 323.152 of the Revised Code, the~~	9114
~~form shall contain a statement that signing the application~~	9115
~~constitutes a delegation of authority by the applicant to the~~	9116
~~county auditor to examine any financial records relating to income~~	9117
~~earned by the applicant as stated on the application for the~~	9118
~~purpose of determining a possible violation of division (D) or (E)~~	9119
~~of this section.~~	9120

(B) A late application for a tax reduction for the year	9121
preceding the year in which an original application is filed, or	9122
for a reduction in manufactured home taxes for the year in which	9123
an original application is filed, may be filed with the original	9124
application. If the county auditor determines the information	9125
contained in the late application is correct, the auditor shall	9126
determine the amount of the reduction in taxes to which the	9127
applicant would have been entitled for the preceding tax year had	9128
the applicant's application been timely filed and approved in that	9129
year.	9130

The amount of such reduction shall be treated by the auditor	9131
as an overpayment of taxes by the applicant and shall be refunded	9132
in the manner prescribed in section 5715.22 of the Revised Code	9133
for making refunds of overpayments. On the first day of July of	9134
each year, the county auditor shall certify the total amount of	9135
the reductions in taxes made in the current year under this	9136
division to the tax commissioner, who shall treat the full amount	9137
thereof as a reduction in taxes for the preceding tax year and	9138
shall make reimbursement to the county therefor in the manner	9139
prescribed by section 323.156 of the Revised Code, from money	9140
appropriated for that purpose.	9141

(C)(1) If, in any year after an application has been filed	9142
under division (A)(1) or (2) of this section, the owner does not	9143
qualify for a reduction in taxes on the homestead or on the	9144
manufactured or mobile home set forth on such application~~, or~~	9145
~~qualifies for a reduction in taxes that is to be based upon a~~	9146
~~reduction in taxable value less than either the percentage or~~	9147
~~amount of the reduction in taxable value to which the owner was~~	9148
~~entitled in the year the application was filed~~, the owner shall	9149
notify the county auditor that the owner is not qualified for a	9150
reduction in taxes ~~or file a new application under division (A)(1)~~	9151
~~or (2) of this section~~.	9152

(2) If, in any year after an application has been filed under	9153
division (A)~~(1)~~ of this section, the occupant of a homestead in a	9154
housing cooperative does not qualify for a reduction in taxes on	9155
the homestead, the occupant shall notify the county auditor that	9156
the occupant is not qualified for a reduction in taxes or file a	9157
new application under division (A)~~(1)~~ of this section.	9158

(3) If the county auditor or county treasurer discovers that	9159
the owner of property not entitled to the reduction in taxes under	9160
division (B) of section 323.152 of the Revised Code failed to	9161
notify the county auditor as required by division (C)(1) of this	9162
section, a charge shall be imposed against the property in the	9163
amount by which taxes were reduced under that division for each	9164
tax year the county auditor ascertains that the property was not	9165
entitled to the reduction and was owned by the current owner.	9166
Interest shall accrue in the manner prescribed by division (B) of	9167
section 323.121 or division (G)(2) of section 4503.06 of the	9168
Revised Code on the amount by which taxes were reduced for each	9169
such tax year as if the reduction became delinquent taxes at the	9170
close of the last day the second installment of taxes for that tax	9171
year could be paid without penalty. The county auditor shall	9172
notify the owner, by ordinary mail, of the charge, of the owner's	9173
right to appeal the charge, and of the manner in which the owner	9174
may appeal. The owner may appeal the imposition of the charge and	9175
interest by filing an appeal with the county board of revision not	9176
later than the last day prescribed for payment of real and public	9177
utility property taxes under section 323.12 of the Revised Code	9178
following receipt of the notice and occurring at least ninety days	9179
after receipt of the notice. The appeal shall be treated in the	9180
same manner as a complaint relating to the valuation or assessment	9181
of real property under Chapter 5715. of the Revised Code. The	9182
charge and any interest shall be collected as other delinquent	9183
taxes.	9184

(4) Each year during January, the county auditor shall	9185
furnish by ordinary mail a continuing application to each person	9186
issued a certificate of reduction under section 323.154 or 323.159	9187
of the Revised Code with respect to a reduction in taxes under	9188
division (A) of section 323.152 of the Revised Code. The	9189
continuing application shall be used to report ~~changes in total~~	9190
~~income that would have the effect of increasing or decreasing the~~	9191
~~reduction in taxable value to which the person is entitled,~~	9192
changes in ownership or occupancy of the homestead, including	9193
changes in or revocation of a revocable inter vivos trust, changes	9194
in disability, and other changes in the information earlier	9195
furnished the auditor relative to the reduction in taxes on the	9196
property. The continuing application shall be returned to the	9197
auditor not later than the first Monday in June; provided, that if	9198
such changes do not affect the status of the homestead exemption	9199
or the amount of the reduction to which the owner is entitled	9200
under division (A) of section 323.152 of the Revised Code or to	9201
which the occupant is entitled under section 323.159 of the	9202
Revised Code, the application does not need to be returned.	9203

(5) Each year during February, the county auditor, except as	9204
otherwise provided in this paragraph, shall furnish by ordinary	9205
mail an original application to the owner, as of the first day of	9206
January of that year, of a homestead or a manufactured or mobile	9207
home that transferred during the preceding calendar year and that	9208
qualified for and received a reduction in taxes under division (B)	9209
of section 323.152 of the Revised Code for the preceding tax year.	9210
In order to receive the reduction under that division, the owner	9211
shall file the application with the county auditor not later than	9212
the first Monday in June. If the application is not timely filed,	9213
the auditor shall not grant a reduction in taxes for the homestead	9214
for the current year, and shall notify the owner that the	9215
reduction in taxes has not been granted, in the same manner	9216
prescribed under section 323.154 of the Revised Code for	9217
notification of denial of an application. Failure of an owner to	9218
receive an application does not excuse the failure of the owner to	9219
file an original application. The county auditor is not required	9220
to furnish an application under this paragraph for any homestead	9221
for which application has previously been made on a form	9222
incorporated into any form used by the county auditor to	9223
administer the tax law in respect to the conveyance of real	9224
property or of used manufactured homes or used mobile homes, and	9225
an owner who previously has applied on such a form is not required	9226
to return an application furnished under this paragraph.	9227

(D) No person shall knowingly make a false statement for the	9228
purpose of obtaining a reduction in the person's real property or	9229
manufactured home taxes under section 323.152 of the Revised Code.	9230

(E) No person shall knowingly fail to notify the county	9231
auditor of changes required by division (C) of this section that	9232
have the effect of maintaining or securing a reduction ~~in taxable~~	9233
~~value of homestead property or a reduction~~ in taxes ~~in excess of~~	9234
~~the reduction allowed~~ under section 323.152 of the Revised Code.	9235

(F) No person shall knowingly make a false statement or	9236
certification attesting to any person's physical or mental	9237
condition for purposes of qualifying such person for tax relief	9238
pursuant to sections 323.151 to 323.159 of the Revised Code.	9239

Sec. 323.154. On or before the day the county auditor has	9240
completed the duties imposed by sections 319.30 to 319.302 of the	9241
Revised Code, the auditor shall issue a certificate of reduction	9242
in taxes in triplicate for each person who has complied with	9243
section 323.153 of the Revised Code and whose homestead, as	9244
defined in division (A)(1) of section 323.151 of the Revised Code,	9245
or manufactured or mobile home the auditor finds is entitled to a	9246
reduction in real property or manufactured home taxes for that	9247
year under section 323.152 of the Revised Code. Except as provided	9248
in section 323.159 of the Revised Code, in the case of a homestead	9249
entitled to a reduction under division (A) of that section, the	9250
certificate shall state the taxable value of the homestead on the	9251
first day of January of that year, the ~~amount of the reduction in~~	9252
~~taxable value and the~~ total reduction in taxes for that year under	9253
that section, the tax rate that is applicable against such	9254
homestead for that year, and any other information the tax	9255
commissioner requires. In the case of a homestead or a	9256
manufactured or mobile home entitled to a reduction under division	9257
(B) of that section, the certificate shall state the total amount	9258
of the reduction in taxes for that year under that section and any	9259
other information the tax commissioner requires. The certificate	9260
for reduction in taxes shall be on a form approved by the	9261
commissioner. Upon issuance of such a certificate, the county	9262
auditor shall forward one copy and the original to the county	9263
treasurer and retain one copy. The county auditor also shall	9264
record the amount of reduction in taxes in the appropriate column	9265
on the general tax list and duplicate of real and public utility	9266
property and on the manufactured home tax list.	9267

If an application, late application, or continuing	9268
application is not approved, or if the county auditor otherwise	9269
determines that a homestead or a manufactured or mobile home does	9270
not qualify for a reduction in taxes under division (A) or (B) of	9271
section 323.152 of the Revised Code, the auditor shall notify the	9272
applicant of the reasons for denial not later than the first	9273
Monday in October. If an applicant believes that the application	9274
for reduction has been improperly denied or that the reduction is	9275
for less than that to which the applicant is entitled, the	9276
applicant may file an appeal with the county board of revision not	9277
later than the date of closing of the collection for the first	9278
half of real and public utility property taxes or manufactured	9279
home taxes. The appeal shall be treated in the same manner as a	9280
complaint relating to the valuation or assessment of real property	9281
under Chapter 5715. of the Revised Code.	9282

Sec. 325.31. (A) On the first business day of each month,	9283
and at the end of the officer's term of office, each officer named	9284
in section 325.27 of the Revised Code shall pay into the county	9285
treasury, to the credit of the general county fund, on the warrant	9286
of the county auditor, all fees, costs, penalties, percentages,	9287
allowances, and perquisites collected by the officer's office	9288
during the preceding month or part thereof for official services,	9289
except the fees allowed the county auditor by division ~~(B)~~(C) of	9290
section 319.54 of the Revised Code, which shall be paid into the	9291
county treasury to the credit of the real estate assessment fund	9292
hereby created.	9293

(B) Moneys to the credit of the real estate assessment fund	9294
may be expended, upon appropriation by the board of county	9295
commissioners, for the purpose of defraying one or more of the	9296
following:	9297

(1) The cost incurred by the county auditor in assessing real	9298
estate pursuant to Chapter 5713. of the Revised Code and	9299
manufactured and mobile homes pursuant to Chapter 4503. of the	9300
Revised Code;	9301

(2) At the county auditor's discretion, costs and expenses	9302
incurred by the county auditor in preparing the list of real and	9303
public utility property, in administering laws related to the	9304
taxation of real property and the levying of special assessments	9305
on real property, including administering reductions under	9306
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9307
and to support assessments of real property in any administrative	9308
or judicial proceeding;	9309

(3) At the county auditor's discretion, the expenses incurred	9310
by the county board of revision under Chapter 5715. of the Revised	9311
Code;	9312

(4) At the county auditor's discretion, the expenses incurred	9313
by the county auditor for geographic information systems, mapping	9314
programs, and technological advances in those or similar systems	9315
or programs;	9316

(5) At the county auditor's discretion, expenses incurred by	9317
the county auditor in compiling the general tax list of tangible	9318
personal property and administering tangible personal property	9319
taxes under Chapters 5711. and 5719. of the Revised Code;	9320

(6) At the county auditor's discretion, costs, expenses, and	9321
fees incurred by the county auditor in the administration of	9322
estate taxes under Chapter 5731. of the Revised Code and the	9323
amounts incurred under section 5731.41 of the Revised Code.	9324

Any expenditures made from the real estate assessment fund	9325
shall comply with rules that the tax commissioner adopts under	9326
division (O) of section 5703.05 of the Revised Code. Those rules	9327
shall include a requirement that a copy of any appraisal plans,	9328
progress of work reports, contracts, or other documents required	9329
to be filed with the tax commissioner shall be filed also with the	9330
board of county commissioners.	9331

The board of county commissioners shall not transfer moneys	9332
required to be deposited in the real estate assessment fund to any	9333
other fund. Following an assessment of real property pursuant to	9334
Chapter 5713. of the Revised Code, or an assessment of a	9335
manufactured or mobile home pursuant to Chapter 4503. of the	9336
Revised Code, any moneys not expended for the purpose of defraying	9337
the cost incurred in assessing real estate or manufactured or	9338
mobile homes or for the purpose of defraying the expenses	9339
described in divisions (B)(2), (3), (4), (5), and (6) of this	9340
section, and thereby remaining to the credit of the real estate	9341
assessment fund, shall be apportioned ratably and distributed to	9342
those taxing authorities that contributed to the fund. However, no	9343
such distribution shall be made if the amount of such unexpended	9344
moneys remaining to the credit of the real estate assessment fund	9345
does not exceed five thousand dollars.	9346

(C) None of the officers named in section 325.27 of the	9347
Revised Code shall collect any fees from the county. Each of such	9348
officers shall, at the end of each calendar year, make and file a	9349
sworn statement with the board of county commissioners of all such	9350
fees, costs, penalties, percentages, allowances, and perquisites	9351
which have been due in the officer's office and unpaid for more	9352
than one year prior to the date such statement is required to be	9353
made.	9354

Sec. 329.04. (A) The county department of job and family	9355
services shall have, exercise, and perform the following powers	9356
and duties:	9357

(1) Perform any duties assigned by the state department of	9358
job and family services regarding the provision of public family	9359
services, including the provision of the following services to	9360
prevent or reduce economic or personal dependency and to	9361
strengthen family life:	9362

(a) Services authorized by a Title IV-A program, as defined	9363
in section 5101.80 of the Revised Code;	9364

(b) Social services authorized by Title XX of the "Social	9365
Security Act" and provided for by section 5101.46 or 5101.461 of	9366
the Revised Code;	9367

(c) If the county department is designated as the child	9368
support enforcement agency, services authorized by Title IV-D of	9369
the "Social Security Act" and provided for by Chapter 3125. of	9370
the Revised Code. The county department may perform the services	9371
itself or contract with other government entities, and, pursuant	9372
to division (C) of section 2301.35 and section 2301.42 of the	9373
Revised Code, private entities, to perform the Title IV-D	9374
services.	9375

(d) Duties assigned under section 5111.98 of the Revised	9376
Code.	9377

(2) Administer disability financial assistance, as required	9378
by the state department of job and family services under section	9379
5115.03 of the Revised Code;	9380

(3) Administer disability medical assistance, as required by	9381
the state department of job and family services under section	9382
5115.13 of the Revised Code;	9383

(4) Administer burials insofar as the administration of	9384
burials was, prior to September 12, 1947, imposed upon the board	9385
of county commissioners and if otherwise required by state law;	9386

(5) Cooperate with state and federal authorities in any	9387
matter relating to family services and to act as the agent of such	9388
authorities;	9389

(6) Submit an annual account of its work and expenses to the	9390
board of county commissioners and to the state department of job	9391
and family services at the close of each fiscal year;	9392

(7) Exercise any powers and duties relating to family	9393
services duties or workforce development activities imposed upon	9394
the county department of job and family services by law, by	9395
resolution of the board of county commissioners, or by order of	9396
the governor, when authorized by law, to meet emergencies during	9397
war or peace;	9398

(8) Determine the eligibility for medical assistance of	9399
recipients of aid under Title XVI of the "Social Security Act";	9400

(9) If assigned by the state director of job and family	9401
services under section 5101.515 of the Revised Code, determine	9402
applicants' eligibility for health assistance under the children's	9403
health insurance program part II;	9404

(10) Enter into a plan of cooperation with the board of	9405
county commissioners under section 307.983, consult with the board	9406
in the development of the transportation work plan developed under	9407
section 307.985, establish with the board procedures under section	9408
307.986 for providing services to children whose families relocate	9409
frequently, and comply with the contracts the board enters into	9410
under sections 307.981 and 307.982 of the Revised Code that affect	9411
the county department;	9412

(11) For the purpose of complying with a ~~fiscal~~grant	9413
agreement the board of county commissioners enters into under	9414
~~section~~sections 307.98 and 5101.21 of the Revised Code, exercise	9415
the powers and perform the duties the ~~fiscal~~grant agreement	9416
assigns to the county department;	9417

(12) If the county department is designated as the workforce	9418
development agency, provide the workforce development activities	9419
specified in the contract required by section 330.05 of the	9420
Revised Code.	9421

(B) The powers and duties of a county department of job and	9422
family services are, and shall be exercised and performed, under	9423
the control and direction of the board of county commissioners.	9424
The board may assign to the county department any power or duty of	9425
the board regarding family services duties and workforce	9426
development activities. If the new power or duty necessitates the	9427
state department of job and family services changing its federal	9428
cost allocation plan, the county department may not implement the	9429
power or duty unless the United States department of health and	9430
human services approves the changes.	9431

Sec. 329.05. The county department of job and family	9432
services may administer or assist in administering any state or	9433
local family services duty in addition to those mentioned in	9434
section 329.04 of the Revised Code, supported wholly or in part by	9435
public funds from any source provided by agreement between the	9436
board of county commissioners and the officer, department, board,	9437
or agency in which the administration of such activity is vested.	9438
Such officer, department, board, or agency may enter into such	9439
agreement and confer upon the county department of job and family	9440
services, to the extent and in particulars specified in the	9441
agreement, the performance of any duties and the exercise of any	9442
powers imposed upon or vested in such officer, board, department,	9443
or agency, with respect to the administration of such activity.	9444
Such agreement shall be in the form of a resolution of the board	9445
of county commissioners, accepted in writing by the other party to	9446
the agreement, and filed in the office of the county auditor, and	9447
when so filed, shall have the effect of transferring the exercise	9448
of the powers and duties to which the agreement relates and shall	9449
exempt the other party from all further responsibility for the	9450
exercise of the powers and duties so transferred, during the life	9451
of the agreement.	9452

Such agreement shall be coordinated and not conflict with a	9453
~~fiscal~~grant agreement entered into under ~~section~~sections 307.98	9454
and 5101.21, a contract entered into under section 307.981 or	9455
307.982, a plan of cooperation entered into under section 307.983,	9456
a regional plan of cooperation entered into under section 307.984,	9457
a transportation work plan developed under section 307.985, or	9458
procedures for providing services to children whose families	9459
relocate frequently established under section 307.986 of the	9460
Revised Code. It may be revoked at the option of either party, by	9461
a resolution or order of the revoking party filed in the office of	9462
the auditor. Such revocation shall become effective at the end of	9463
the fiscal year occurring at least six months following the filing	9464
of the resolution or order. In the absence of such an express	9465
revocation so filed, the agreement shall continue indefinitely.	9466

This section does not permit a county department of job and	9467
family services to manage or control hospitals, humane societies,	9468
detention facilities, jails or probation departments of courts, or	9469
veterans service commissions.	9470

Sec. 329.14. (A) An individual whose household income does	9471
not exceed ~~one~~two hundred ~~fifty~~ per cent of the federal poverty	9472
line is eligible to participate in an individual development	9473
account program established by the county department of job and	9474
family services of the county in which the individual resides. An	9475
eligible individual seeking to be a participant in the program	9476
shall enter into an agreement with the fiduciary organization	9477
administering the program. The agreement shall specify the terms	9478
and conditions of uses of funds deposited, financial documentation	9479
required to be maintained by the participant, expectations and	9480
responsibilities of the participant, and services to be provided	9481
by the fiduciary organization.	9482

(B) A participant may deposit earned income, as defined in 26	9483
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	9484
organization may deposit into the account an amount not exceeding	9485
~~twice~~four times the amount deposited by the participant except	9486
that a fiduciary organization may not, pursuant to an agreement	9487
with an employer, deposit an amount into an account held by a	9488
participant who is employed by the employer. An account may have	9489
no more than ten thousand dollars in it at any time.	9490

(C) Notwithstanding eligibility requirements established in	9491
or pursuant to Chapter 5107., 5108., or 5111. of the Revised Code,	9492
to the extent permitted by federal statutes and regulations, money	9493
in an individual development account, including interest, is	9494
exempt from consideration in determining whether the participant	9495
or a member of the participant's assistance group is eligible for	9496
assistance under Chapter 5107., 5108., or 5111. of the Revised	9497
Code and the amount of assistance the participant or assistance	9498
group is eligible to receive.	9499

(D)(1) Except as provided in division (D)(2) of this section,	9500
an individual development account program participant may use	9501
money in the account only for the following purposes:	9502

(a) Postsecondary educational expenses paid directly from the	9503
account to an eligible education institution or vendor;	9504

(b) Qualified acquisition expenses of a principal residence,	9505
as defined in 26 U.S.C. 1034, as amended, paid directly from the	9506
account to the person or government entity to which the expenses	9507
are due;	9508

(c) Qualified business capitalization expenses made in	9509
accordance with a qualified business plan that has been approved	9510
by a financial institution or by a nonprofit microenterprise	9511
program having demonstrated business expertise and paid directly	9512
from the account to the person to whom the expenses are due.	9513

(2) A fiduciary organization shall permit a participant to	9514
withdraw money deposited by the participant if it is needed to	9515
deal with a personal emergency of the participant or a member of	9516
the participant's family or household. Withdrawal shall result in	9517
the loss of any matching funds in an amount equal to the amount of	9518
the withdrawal.	9519

(3) Regardless of the reason for the withdrawal, a withdrawal	9520
from an individual development account may be made only with the	9521
approval of the fiduciary organization.	9522

Sec. 340.03. (A) Subject to rules issued by the director of	9523
mental health after consultation with relevant constituencies as	9524
required by division (A)(11) of section 5119.06 of the Revised	9525
Code, with regard to mental health services, the board of alcohol,	9526
drug addiction, and mental health services shall:	9527

(1) Serve as the community mental health planning agency for	9528
the county or counties under its jurisdiction, and in so doing it	9529
shall:	9530

(a) Evaluate the need for facilities and community mental	9531
health services;	9532

(b) In cooperation with other local and regional planning and	9533
funding bodies and with relevant ethnic organizations, assess the	9534
community mental health needs, set priorities, and develop plans	9535
for the operation of facilities and community mental health	9536
services;	9537

(c) In accordance with guidelines issued by the director of	9538
mental health after consultation with board representatives,	9539
develop and submit to the department of mental health, no later	9540
than six months prior to the conclusion of the fiscal year in	9541
which the board's current plan is scheduled to expire, a community	9542
mental health plan listing community mental health needs,	9543
including the needs of all residents of the district now residing	9544
in state mental institutions and severely mentally disabled	9545
adults, children, and adolescents; all children subject to a	9546
determination made pursuant to section 121.38 of the Revised Code;	9547
and all the facilities and community mental health services that	9548
are or will be in operation or provided during the period for	9549
which the plan will be in operation in the service district to	9550
meet such needs.	9551

The plan shall include, but not be limited to, a statement of	9552
which of the services listed in section 340.09 of the Revised Code	9553
the board intends to make available. The board must include crisis	9554
intervention services for individuals in an emergency situation in	9555
the plan and explain how the board intends to make such services	9556
available. The plan must also include an explanation of how the	9557
board intends to make any payments that it may be required to pay	9558
under section 5119.62 of the Revised Code, a statement of the	9559
inpatient and community-based services the board proposes that the	9560
department operate, an assessment of the number and types of	9561
residential facilities needed, such other information as the	9562
department requests, and a budget for moneys the board expects to	9563
receive. The board shall also submit an allocation request for	9564
state and federal funds. Within sixty days after the department's	9565
determination that the plan and allocation request are complete,	9566
the department shall approve or disapprove the plan and request,	9567
in whole or in part, according to the criteria developed pursuant	9568
to section 5119.61 of the Revised Code. The department's statement	9569
of approval or disapproval shall specify the inpatient and the	9570
community-based services that the department will operate for the	9571
board. Eligibility	9572

~~Eligibility~~ for state and federal funding shall be contingent	9573
upon an approved plan or relevant part of a plan. ~~The department~~	9574
~~may provide state and federal funding for services included in a~~	9575
~~plan only if the services are for individuals whose focus of~~	9576
~~treatment or prevention is a mental disorder according to the~~	9577
~~edition of the American psychiatric association's diagnostic and~~	9578
~~statistical manual of mental disorders that is current at the time~~	9579
~~the funding is provided. This shall include such services for~~	9580
~~individuals who have a mental disorder and a co-occurring~~	9581
~~substance use disorder, substance-induced disorder, chronic~~	9582
~~dementing organic mental disorder, mental retardation, or~~	9583
~~developmental disability. The department may not provide state or~~	9584
~~federal funding under a plan for a service for individuals whose~~	9585
~~focus of treatment or prevention is solely a substance use~~	9586
~~disorder, substance-induced disorder, chronic dementing organic~~	9587
~~mental disorder, mental retardation, or developmental disability.~~	9588

If the director disapproves all or part of any plan, the	9589
director shall inform the board of the reasons for the disapproval	9590
and of the criteria that must be met before the plan may be	9591
approved. The director shall provide the board an opportunity to	9592
present its case on behalf of the plan. The director shall give	9593
the board a reasonable time in which to meet the criteria, and	9594
shall offer the board technical assistance to help it meet the	9595
criteria.	9596

If the approval of a plan remains in dispute thirty days	9597
prior to the conclusion of the fiscal year in which the board's	9598
current plan is scheduled to expire, the board or the director may	9599
request that the dispute be submitted to a mutually agreed upon	9600
third-party mediator with the cost to be shared by the board and	9601
the department. The mediator shall issue to the board and the	9602
department recommendations for resolution of the dispute. Prior to	9603
the conclusion of the fiscal year in which the current plan is	9604
scheduled to expire, the director, taking into consideration the	9605
recommendations of the mediator, shall make a final determination	9606
and approve or disapprove the plan, in whole or in part.	9607

If a board determines that it is necessary to amend a plan or	9608
an allocation request that has been approved under division	9609
(A)(1)(c) of this section, the board shall submit a proposed	9610
amendment to the director. The director may approve or disapprove	9611
all or part of the amendment. If the director does not approve all	9612
or part of the amendment within thirty days after it is submitted,	9613
the amendment or part of it shall be considered to have been	9614
approved. The director shall inform the board of the reasons for	9615
disapproval of all or part of an amendment and of the criteria	9616
that must be met before the amendment may be approved. The	9617
director shall provide the board an opportunity to present its	9618
case on behalf of the amendment. The director shall give the board	9619
a reasonable time in which to meet the criteria, and shall offer	9620
the board technical assistance to help it meet the criteria.	9621

The board shall implement the plan approved by the	9622
department.	9623

(d) Receive, compile, and transmit to the department of	9624
mental health applications for state reimbursement;	9625

(e) Promote, arrange, and implement working agreements with	9626
social agencies, both public and private, and with judicial	9627
agencies.	9628

(2) Investigate, or request another agency to investigate,	9629
any complaint alleging abuse or neglect of any person receiving	9630
services from a community mental health agency as defined in	9631
section 5122.01 of the Revised Code, or from a residential	9632
facility licensed under section 5119.22 of the Revised Code. If	9633
the investigation substantiates the charge of abuse or neglect,	9634
the board shall take whatever action it determines is necessary to	9635
correct the situation, including notification of the appropriate	9636
authorities. Upon request, the board shall provide information	9637
about such investigations to the department.	9638

(3) For the purpose of section 5119.611 of the Revised Code,	9639
cooperate with the director of mental health in visiting and	9640
evaluating whether the services of a community mental health	9641
agency satisfy the certification standards established by rules	9642
adopted under that section;	9643

(4) In accordance with criteria established under division	9644
(G) of section 5119.61 of the Revised Code, review and evaluate	9645
the quality, effectiveness, and efficiency of services provided	9646
through its community mental health plan and submit its findings	9647
and recommendations to the department of mental health;	9648

(5) In accordance with section 5119.22 of the Revised Code,	9649
review applications for residential facility licenses and	9650
recommend to the department of mental health approval or	9651
disapproval of applications;	9652

(6) Audit, in accordance with rules adopted by the auditor of	9653
state pursuant to section 117.20 of the Revised Code, at least	9654
annually all programs and services provided under contract with	9655
the board. In so doing, the board may contract for or employ the	9656
services of private auditors. A copy of the fiscal audit report	9657
shall be provided to the director of mental health, the auditor of	9658
state, and the county auditor of each county in the board's	9659
district.	9660

(7) Recruit and promote local financial support for mental	9661
health programs from private and public sources;	9662

(8)(a) Enter into contracts with public and private	9663
facilities for the operation of facility services included in the	9664
board's community mental health plan and enter into contracts with	9665
public and private community mental health agencies for the	9666
provision of community mental health services that are listed in	9667
section 340.09 of the Revised Code and included in the board's	9668
community mental health plan. The board may not contract with a	9669
community mental health agency to provide community mental health	9670
services included in the board's community mental health plan	9671
unless the services are certified by the director of mental health	9672
under section 5119.611 of the Revised Code. Section 307.86 of the	9673
Revised Code does not apply to contracts entered into under this	9674
division. In contracting with a community mental health agency, a	9675
board shall consider the cost effectiveness of services provided	9676
by that agency and the quality and continuity of care, and may	9677
review cost elements, including salary costs, of the services to	9678
be provided. A utilization review process shall be established as	9679
part of the contract for services entered into between a board and	9680
a community mental health agency. The board may establish this	9681
process in a way that is most effective and efficient in meeting	9682
local needs. In the case of a contract with a community mental	9683
health facility, as defined in section 5111.023 of the Revised	9684
Code, to provide services listed in division (B) of that section,	9685
the contract shall provide for the facility to be paid in	9686
accordance with the contract entered into between the departments	9687
of job and family services and mental health under section	9688
5111.91 of the Revised Code and any rules adopted under division	9689
(A) of section 5119.61 of the Revised Code.	9690

If either the board or a facility or community mental health	9691
agency with which the board contracts under division (A)(8)(a) of	9692
this section proposes not to renew the contract or proposes	9693
substantial changes in contract terms, the other party shall be	9694
given written notice at least one hundred twenty days before the	9695
expiration date of the contract. During the first sixty days of	9696
this one hundred twenty-day period, both parties shall attempt to	9697
resolve any dispute through good faith collaboration and	9698
negotiation in order to continue to provide services to persons in	9699
need. If the dispute has not been resolved sixty days before the	9700
expiration date of the contract, either party may notify the	9701
department of mental health of the unresolved dispute. The	9702
director may require both parties to submit the dispute to a third	9703
party with the cost to be shared by the board and the facility or	9704
community mental health agency. The third party shall issue to the	9705
board, the facility or agency, and the department recommendations	9706
on how the dispute may be resolved twenty days prior to the	9707
expiration date of the contract, unless both parties agree to a	9708
time extension. The director shall adopt rules establishing the	9709
procedures of this dispute resolution process.	9710

(b) With the prior approval of the director of mental health,	9711
a board may operate a facility or provide a community mental	9712
health service as follows, if there is no other qualified private	9713
or public facility or community mental health agency that is	9714
immediately available and willing to operate such a facility or	9715
provide the service:	9716

(i) In an emergency situation, any board may operate a	9717
facility or provide a community mental health service in order to	9718
provide essential services for the duration of the emergency;	9719

(ii) In a service district with a population of at least one	9720
hundred thousand but less than five hundred thousand, a board may	9721
operate a facility or provide a community mental health service	9722
for no longer than one year;	9723

(iii) In a service district with a population of less than	9724
one hundred thousand, a board may operate a facility or provide a	9725
community mental health service for no longer than one year,	9726
except that such a board may operate a facility or provide a	9727
community mental health service for more than one year with the	9728
prior approval of the director and the prior approval of the board	9729
of county commissioners, or of a majority of the boards of county	9730
commissioners if the district is a joint-county district.	9731

The director shall not give a board approval to operate a	9732
facility or provide a community mental health service under	9733
division (A)(8)(b)(ii) or (iii) of this section unless the	9734
director determines that it is not feasible to have the department	9735
operate the facility or provide the service.	9736

The director shall not give a board approval to operate a	9737
facility or provide a community mental health service under	9738
division (A)(8)(b)(iii) of this section unless the director	9739
determines that the board will provide greater administrative	9740
efficiency and more or better services than would be available if	9741
the board contracted with a private or public facility or	9742
community mental health agency.	9743

The director shall not give a board approval to operate a	9744
facility previously operated by a person or other government	9745
entity unless the board has established to the director's	9746
satisfaction that the person or other government entity cannot	9747
effectively operate the facility or that the person or other	9748
government entity has requested the board to take over operation	9749
of the facility. The director shall not give a board approval to	9750
provide a community mental health service previously provided by a	9751
community mental health agency unless the board has established to	9752
the director's satisfaction that the agency cannot effectively	9753
provide the service or that the agency has requested the board	9754
take over providing the service.	9755

The director shall review and evaluate a board's operation of	9756
a facility and provision of community mental health service under	9757
division (A)(8)(b) of this section.	9758

Nothing in division (A)(8)(b) of this section authorizes a	9759
board to administer or direct the daily operation of any facility	9760
or community mental health agency, but a facility or agency may	9761
contract with a board to receive administrative services or staff	9762
direction from the board under the direction of the governing body	9763
of the facility or agency.	9764

(9) Approve fee schedules and related charges or adopt a unit	9765
cost schedule or other methods of payment for contract services	9766
provided by community mental health agencies in accordance with	9767
guidelines issued by the department as necessary to comply with	9768
state and federal laws pertaining to financial assistance;	9769

(10) Submit to the director and the county commissioners of	9770
the county or counties served by the board, and make available to	9771
the public, an annual report of the programs under the	9772
jurisdiction of the board, including a fiscal accounting;	9773

(11) Establish, to the extent resources are available, a	9774
community support system, which provides for treatment, support,	9775
and rehabilitation services and opportunities. The essential	9776
elements of the system include, but are not limited to, the	9777
following components in accordance with section 5119.06 of the	9778
Revised Code:	9779

(a) To locate persons in need of mental health services to	9780
inform them of available services and benefits mechanisms;	9781

(b) Assistance for clients to obtain services necessary to	9782
meet basic human needs for food, clothing, shelter, medical care,	9783
personal safety, and income;	9784

(c) Mental health care, including, but not limited to,	9785
outpatient, partial hospitalization, and, where appropriate,	9786
inpatient care;	9787

(d) Emergency services and crisis intervention;

9788

(e) Assistance for clients to obtain vocational services and	9789
opportunities for jobs;	9790

(f) The provision of services designed to develop social,	9791
community, and personal living skills;	9792

(g) Access to a wide range of housing and the provision of	9793
residential treatment and support;	9794

(h) Support, assistance, consultation, and education for	9795
families, friends, consumers of mental health services, and	9796
others;	9797

(i) Recognition and encouragement of families, friends,	9798
neighborhood networks, especially networks that include racial and	9799
ethnic minorities, churches, community organizations, and	9800
meaningful employment as natural supports for consumers of mental	9801
health services;	9802

(j) Grievance procedures and protection of the rights of	9803
consumers of mental health services;	9804

(k) Case management, which includes continual individualized	9805
assistance and advocacy to ensure that needed services are offered	9806
and procured.	9807

(12) Designate the treatment program, agency, or facility for	9808
each person involuntarily committed to the board pursuant to	9809
Chapter 5122. of the Revised Code and authorize payment for such	9810
treatment. The board shall provide the least restrictive and most	9811
appropriate alternative that is available for any person	9812
involuntarily committed to it and shall assure that the services	9813
listed in section 340.09 of the Revised Code are available to	9814
severely mentally disabled persons residing within its service	9815
district. The board shall establish the procedure for authorizing	9816
payment for services, which may include prior authorization in	9817
appropriate circumstances. The board may provide for services	9818
directly to a severely mentally disabled person when life or	9819
safety is endangered and when no community mental health agency is	9820
available to provide the service.	9821

(13) Establish a method for evaluating referrals for	9822
involuntary commitment and affidavits filed pursuant to section	9823
5122.11 of the Revised Code in order to assist the probate	9824
division of the court of common pleas in determining whether there	9825
is probable cause that a respondent is subject to involuntary	9826
hospitalization and what alternative treatment is available and	9827
appropriate, if any;	9828

(14) Ensure that apartments or rooms built, subsidized,	9829
renovated, rented, owned, or leased by the board or a community	9830
mental health agency have been approved as meeting minimum fire	9831
safety standards and that persons residing in the rooms or	9832
apartments are receiving appropriate and necessary services,	9833
including culturally relevant services, from a community mental	9834
health agency. This division does not apply to residential	9835
facilities licensed pursuant to section 5119.22 of the Revised	9836
Code.	9837

(15) Establish a mechanism for involvement of consumer	9838
recommendation and advice on matters pertaining to mental health	9839
services in the alcohol, drug addiction, and mental health service	9840
district;	9841

(16) Perform the duties under section 3722.18 of the Revised	9842
Code required by rules adopted under section 5119.61 of the	9843
Revised Code regarding referrals by the board or mental health	9844
agencies under contract with the board of individuals with mental	9845
illness or severe mental disability to adult care facilities and	9846
effective arrangements for ongoing mental health services for the	9847
individuals. The board is accountable in the manner specified in	9848
the rules for ensuring that the ongoing mental health services are	9849
effectively arranged for the individuals.	9850

(B) The board shall establish such rules, operating	9851
procedures, standards, and bylaws, and perform such other duties	9852
as may be necessary or proper to carry out the purposes of this	9853
chapter.	9854

(C) A board of alcohol, drug addiction, and mental health	9855
services may receive by gift, grant, devise, or bequest any	9856
moneys, lands, or property for the benefit of the purposes for	9857
which the board is established, and may hold and apply it	9858
according to the terms of the gift, grant, or bequest. All money	9859
received, including accrued interest, by gift, grant, or bequest	9860
shall be deposited in the treasury of the county, the treasurer of	9861
which is custodian of the alcohol, drug addiction, and mental	9862
health services funds to the credit of the board and shall be	9863
available for use by the board for purposes stated by the donor or	9864
grantor.	9865

(D) No board member or employee of a board of alcohol, drug	9866
addiction, and mental health services shall be liable for injury	9867
or damages caused by any action or inaction taken within the scope	9868
of the board member's official duties or the employee's	9869
employment, whether or not such action or inaction is expressly	9870
authorized by this section, section 340.033, or any other section	9871
of the Revised Code, unless such action or inaction constitutes	9872
willful or wanton misconduct. Chapter 2744. of the Revised Code	9873
applies to any action or inaction by a board member or employee of	9874
a board taken within the scope of the board member's official	9875
duties or employee's employment. For the purposes of this	9876
division, the conduct of a board member or employee shall not be	9877
considered willful or wanton misconduct if the board member or	9878
employee acted in good faith and in a manner that the board member	9879
or employee reasonably believed was in or was not opposed to the	9880
best interests of the board and, with respect to any criminal	9881
action or proceeding, had no reasonable cause to believe the	9882
conduct was unlawful.	9883

(E) The meetings held by any committee established by a board	9884
of alcohol, drug addiction, and mental health services shall be	9885
considered to be meetings of a public body subject to section	9886
121.22 of the Revised Code.	9887

Sec. 505.37. (A) The board of township trustees may	9888
establish all necessary rules to guard against the occurrence of	9889
fires and to protect the property and lives of the citizens	9890
against damage and accidents, and may, with the approval of the	9891
specifications by the prosecuting attorney or, if the township has	9892
adopted limited home rule government under Chapter 504. of the	9893
Revised Code, with the approval of the specifications by the	9894
township's law director, purchase, lease, lease with an option to	9895
purchase, or otherwise provide any fire apparatus, mechanical	9896
resuscitators, or other equipment, appliances, materials, fire	9897
hydrants, and water supply for fire-fighting purposes that seems	9898
advisable to the board. The board shall provide for the care and	9899
maintenance of fire equipment, and, for these purposes, may	9900
purchase, lease, lease with an option to purchase, or construct	9901
and maintain necessary buildings, and it may establish and	9902
maintain lines of fire-alarm communications within the limits of	9903
the township. The board may employ one or more persons to maintain	9904
and operate fire-fighting equipment, or it may enter into an	9905
agreement with a volunteer fire company for the use and operation	9906
of fire-fighting equipment. The board may compensate the members	9907
of a volunteer fire company on any basis and in any amount that it	9908
considers equitable.	9909

When the estimated cost to purchase fire apparatus,	9910
mechanical resuscitators, other equipment, appliances, materials,	9911
fire hydrants, buildings, or fire-alarm communications equipment	9912
or services exceeds fifty thousand dollars, the contract shall be	9913
let by competitive bidding. When competitive bidding is required,	9914
the board shall advertise for not less than two nor more than four	9915
consecutive weeks in a newspaper of general circulation within the	9916
township. The advertisement shall include the time, date, and	9917
place where the clerk of the township, or the clerk's designee,	9918
will read bids publicly. The time, date, and place of bid openings	9919
may be extended to a later date by the board of township trustees,	9920
provided that written or oral notice of the change shall be given	9921
to all persons who have received or requested specifications not	9922
later than ninety-six hours prior to the original time and date	9923
fixed for the opening. The board may reject all the bids or accept	9924
the lowest and best bid, provided that the successful bidder meets	9925
the requirements of section 153.54 of the Revised Code when the	9926
contract is for the construction, demolition, alteration, repair,	9927
or reconstruction of an improvement.	9928

(B) The boards of township trustees of any two or more	9929
townships, or the legislative authorities of any two or more	9930
political subdivisions, or any combination of these, may, through	9931
joint action, unite in the joint purchase, lease, lease with an	9932
option to purchase, maintenance, use, and operation of	9933
fire-fighting equipment, or for any other purpose designated in	9934
sections 505.37 to 505.42 of the Revised Code, and may prorate the	9935
expense of the joint action on any terms that are mutually agreed	9936
upon.	9937

(C) The board of township trustees of any township may, by	9938
resolution, whenever it is expedient and necessary to guard	9939
against the occurrence of fires or to protect the property and	9940
lives of the citizens against damages resulting from their	9941
occurrence, create a fire district of any portions of the township	9942
that it considers necessary. The board may purchase, lease, lease	9943
with an option to purchase, or otherwise provide any fire	9944
apparatus, appliances, materials, fire hydrants, and water supply	9945
for fire-fighting purposes, or may contract for the fire	9946
protection for the fire district as provided in section 9.60 of	9947
the Revised Code. The fire district so created shall be given a	9948
separate name by which it shall be known.	9949

Additional unincorporated territory of the township may be	9950
added to a fire district upon the board's adoption of a resolution	9951
authorizing the addition. A municipal corporation that is within	9952
or adjoining the township may be added to a fire district upon the	9953
board's adoption of a resolution authorizing the addition and the	9954
municipal legislative authority's adoption of a resolution or	9955
ordinance requesting the addition of the municipal corporation to	9956
the fire district.	9957

If the township fire district imposes a tax, additional	9958
unincorporated territory of the township or a municipal	9959
corporation that is within or adjoining the township shall become	9960
part of the fire district only after all of the following have	9961
occurred:	9962

(1) Adoption by the board of township trustees of a	9963
resolution approving the expansion of the territorial limits of	9964
the district and, if the resolution proposes to add a municipal	9965
corporation, adoption by the municipal legislative authority of a	9966
resolution or ordinance requesting the addition of the municipal	9967
corporation to the district;	9968

(2) Adoption by the board of township trustees of a	9969
resolution recommending the extension of the tax to the additional	9970
territory;	9971

(3) Approval of the tax by the electors of the territory	9972
proposed for addition to the district.	9973

Each resolution of the board adopted under division (C)(2) of	9974
this section shall state the name of the fire district, a	9975
description of the territory to be added, and the rate and	9976
termination date of the tax, which shall be the rate and	9977
termination date of the tax currently in effect in the fire	9978
district.	9979

The board of trustees shall certify each resolution adopted	9980
under division (C)(2) of this section to the board of elections in	9981
accordance with section 5705.19 of the Revised Code. The election	9982
required under division (C)(3) of this section shall be held,	9983
canvassed, and certified in the manner provided for the submission	9984
of tax levies under section 5705.25 of the Revised Code, except	9985
that the question appearing on the ballot shall read:	9986

"Shall the territory within ........................	9987
(description of the proposed territory to be added) be added to	9988
........................ (name) fire district, and a property tax	9989
at a rate of taxation not exceeding ...... (here insert tax rate)	9990
be in effect for .......... (here insert the number of years the	9991
tax is to be in effect or "a continuing period of time," as	9992
applicable)?"	9993

If the question is approved by at least a majority of the	9994
electors voting on it, the joinder shall be effective as of the	9995
first day of July of the year following approval, and on that	9996
date, the township fire district tax shall be extended to the	9997
taxable property within the territory that has been added. If the	9998
territory that has been added is a municipal corporation and if it	9999
had adopted a tax levy for fire purposes, the levy is terminated	10000
on the effective date of the joinder.	10001

Any municipal corporation may withdraw from a township fire	10002
district created under division (C) of this section by the	10003
adoption by the municipal legislative authority of a resolution or	10004
ordinance ordering withdrawal. On the first day of July of the	10005
year following the adoption of the resolution or ordinance of	10006
withdrawal, the municipal corporation withdrawing ceases to be a	10007
part of the district, and the power of the fire district to levy a	10008
tax upon taxable property in the withdrawing municipal corporation	10009
terminates, except that the fire district shall continue to levy	10010
and collect taxes for the payment of indebtedness within the	10011
territory of the fire district as it was composed at the time the	10012
indebtedness was incurred.	10013

Upon the withdrawal of any municipal corporation from a	10014
township fire district created under division (C) of this section,	10015
the county auditor shall ascertain, apportion, and order a	10016
division of the funds on hand, moneys and taxes in the process of	10017
collection except for taxes levied for the payment of	10018
indebtedness, credits, and real and personal property, either in	10019
money or in kind, on the basis of the valuation of the respective	10020
tax duplicates of the withdrawing municipal corporation and the	10021
remaining territory of the fire district.	10022

A board of township trustees may remove unincorporated	10023
territory of the township from the fire district upon the adoption	10024
of a resolution authorizing the removal. On the first day of July	10025
of the year following the adoption of the resolution, the	10026
unincorporated township territory described in the resolution	10027
ceases to be a part of the district, and the power of the fire	10028
district to levy a tax upon taxable property in that territory	10029
terminates, except that the fire district shall continue to levy	10030
and collect taxes for the payment of indebtedness within the	10031
territory of the fire district as it was composed at the time the	10032
indebtedness was incurred.	10033

(D) The board of township trustees of any township, the board	10034
of fire district trustees of a fire district created under section	10035
505.371 of the Revised Code, or the legislative authority of any	10036
municipal corporation may purchase, lease, or lease with an option	10037
to purchase the necessary fire-fighting equipment, buildings, and	10038
sites for the township, fire district, or municipal corporation	10039
and issue securities for that purpose with maximum maturities as	10040
provided in section 133.20 of the Revised Code. The board of	10041
township trustees, board of fire district trustees, or legislative	10042
authority may also construct any buildings necessary to house	10043
fire-fighting equipment and issue securities for that purpose with	10044
maximum maturities as provided in section 133.20 of the Revised	10045
Code.	10046

The board of township trustees, board of fire district	10047
trustees, or legislative authority may issue the securities of the	10048
township, fire district, or municipal corporation, signed by the	10049
board or designated officer of the municipal corporation and	10050
attested by the signature of the township fiscal officer, fire	10051
district clerk, or municipal clerk, covering any deferred payments	10052
and payable at the times provided, which securities shall bear	10053
interest not to exceed the rate determined as provided in section	10054
9.95 of the Revised Code, and shall not be subject to Chapter 133.	10055
of the Revised Code. The legislation authorizing the issuance of	10056
the securities shall provide for levying and collecting annually	10057
by taxation, amounts sufficient to pay the interest on and	10058
principal of the securities. The securities shall be offered for	10059
sale on the open market or given to the vendor or contractor if no	10060
sale is made.	10061

Section 505.40 of the Revised Code does not apply to any	10062
securities issued, or any lease with an option to purchase entered	10063
into, in accordance with this division.	10064

(E) A board of township trustees of any township or a board	10065
of fire district trustees of a fire district created under section	10066
505.371 of the Revised Code may purchase a policy or policies of	10067
liability insurance for the officers, employees, and appointees of	10068
the fire department, fire district, or joint fire district	10069
governed by the board that includes personal injury liability	10070
coverage as to the civil liability of those officers, employees,	10071
and appointees for false arrest, detention, or imprisonment,	10072
malicious prosecution, libel, slander, defamation or other	10073
violation of the right of privacy, wrongful entry or eviction, or	10074
other invasion of the right of private occupancy, arising out of	10075
the performance of their duties.	10076

When a board of township trustees cannot, by deed of gift or	10077
by purchase and upon terms it considers reasonable, procure land	10078
for a township fire station that is needed in order to respond in	10079
reasonable time to a fire or medical emergency, the board may	10080
appropriate land for that purpose under sections 163.01 to 163.22	10081
of the Revised Code. If it is necessary to acquire additional	10082
adjacent land for enlarging or improving the fire station, the	10083
board may purchase, appropriate, or accept a deed of gift for the	10084
land for these purposes.	10085

(F) As used in this division, "emergency medical service	10086
organization" has the same meaning as in section 4766.01 of the	10087
Revised Code.	10088

A board of township trustees, by adoption of an appropriate	10089
resolution, may choose to have the Ohio medical transportation	10090
board license any emergency medical service organization it	10091
operates. If the board adopts such a resolution, Chapter 4766. of	10092
the Revised Code, except for sections 4766.06 and 4766.99 of the	10093
Revised Code, applies to the organization. All rules adopted	10094
under the applicable sections of that chapter also apply to the	10095
organization. A board of township trustees, by adoption of an	10096
appropriate resolution, may remove its emergency medical service	10097
organization from the jurisdiction of the Ohio medical	10098
transportation board.	10099

Sec. 505.376. When any expenditure of a fire and ambulance	10100
district, other than for the compensation of district employees,	10101
exceeds ~~twenty-five~~fifty thousand dollars, the contract for the	10102
expenditure shall be in writing and made with the lowest and best	10103
bidder after advertising for not less than two nor more than four	10104
consecutive weeks in a newspaper of general circulation within the	10105
district. The bids shall be opened and shall be publicly read by	10106
the clerk of the district, or the clerk's designee, at the time,	10107
date, and place specified in the advertisement to bidders or the	10108
specifications. The time, date, and place of bid openings may be	10109
extended to a later date by the board of trustees of the district,	10110
provided that written or oral notice of the change shall be given	10111
to all persons who have received or requested specifications no	10112
later than ninety-six hours prior to the original time and date	10113
fixed for the opening.	10114

Each bid on any contract shall contain the full name of every	10115
person interested in the bid. If the bid is for a contract for the	10116
construction, demolition, alteration, repair, or reconstruction of	10117
an improvement, it shall meet the requirements of section 153.54	10118
of the Revised Code. If the bid is for any other contract, it	10119
shall be accompanied by a sufficient bond or certified check,	10120
cashier's check, or money order on a solvent bank or savings and	10121
loan association that, if the bid is accepted, a contract will be	10122
entered into and the performance of it will be properly secured.	10123
If the bid for work embraces both labor and material, it shall be	10124
separately stated, with the price of the labor and the material.	10125
The board may reject any and all bids. The contract shall be	10126
between the district and the bidder, and the district shall pay	10127
the contract price in cash. When a bonus is offered for completion	10128
of a contract prior to a specified date, the board may exact a	10129
prorated penalty in like sum for each day of delay beyond the	10130
specified date. When there is reason to believe there is collusion	10131
or combination among bidders, the bids of those concerned shall	10132
be rejected.	10133

Sec. 505.705. A board of township trustees may agree to	10134
appropriate township general revenue fund moneys to, and may agree	10135
to grant or lend moneys from the township general revenue fund to,	10136
any political subdivision with authority to provide water or,	10137
sanitary sewerage ~~services~~, or ~~both, to~~storm water drainage	10138
within the township, for the purpose of providing moneys to the	10139
political subdivision to pay for the planning of or actual costs,	10140
fees, debt retirement, or any other expense, including, but not	10141
limited to, administrative and professional fees, incurred in	10142
supplying one or more of these purposes within the township, or	10143
the planning of or actual construction, maintenance, repair, ~~and~~	10144
or operation of water or, sanitary sewerage ~~systems~~, or ~~both, that~~	10145
~~service~~storm water drainage within the township. A board of	10146
township trustees that grants or lends moneys to a political	10147
subdivision for this purpose shall expressly state the terms of	10148
the grant or loan agreement in a written memorandum.	10149

Sec. 517.08. The proceeds arising from the sale of cemetery	10150
lots under section 517.07 of the Revised Code shall be used in	10151
maintaining, improving, beautifying, and embellishing such	10152
grounds, except that upon unanimous consent of the board of	10153
township trustees, such proceeds may be used in the purchase or	10154
appropriation of additional land for cemetery purposes in	10155
accordance with sections 517.01 and 517.13 of the Revised Code;	10156
and the board of township trustees may build and maintain proper	10157
and secure fences around all such cemeteries, to be paid for from	10158
the township funds.	10159

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	10160
be initiated by motion of the township zoning commission, by the	10161
passage of a resolution by the board of township trustees, or by	10162
the filing of an application by one or more of the owners or	10163
lessees of property within the area proposed to be changed or	10164
affected by the proposed amendment with the township zoning	10165
commission. The board of township trustees may require that the	10166
owner or lessee of property filing an application to amend the	10167
zoning resolution pay a fee to defray the cost of advertising,	10168
mailing, filing with the county recorder, and other expenses. If	10169
the board of township trustees requires such a fee, it shall be	10170
required generally, for each application. The board of township	10171
trustees, upon the passage of such a resolution, shall certify it	10172
to the township zoning commission.	10173

(2) Upon the adoption of a motion by the township zoning	10174
commission, the certification of a resolution by the board of	10175
township trustees to the commission, or the filing of an	10176
application by property owners or lessees as described in division	10177
(A)(1) of this section with the commission, the commission shall	10178
set a date for a public hearing, which date shall not be less than	10179
twenty nor more than forty days from the date of the certification	10180
of such a resolution, the date of adoption of such a motion, or	10181
the date of the filing of such an application. Notice of the	10182
hearing shall be given by the commission by one publication in one	10183
or more newspapers of general circulation in the township at least	10184
ten days before the date of the hearing.	10185

(B) If the proposed amendment intends to rezone or redistrict	10186
ten or fewer parcels of land, as listed on the county auditor's	10187
current tax list, written notice of the hearing shall be mailed by	10188
the township zoning commission, by first class mail, at least ten	10189
days before the date of the public hearing to all owners of	10190
property within and contiguous to and directly across the street	10191
from the area proposed to be rezoned or redistricted to the	10192
addresses of those owners appearing on the county auditor's	10193
current tax list. The failure of delivery of that notice shall not	10194
invalidate any such amendment.	10195

(C) If the proposed amendment intends to rezone or redistrict	10196
ten or fewer parcels of land as listed on the county auditor's	10197
current tax list, the published and mailed notices shall set forth	10198
the time, date, and place of the public hearing and include all of	10199
the following:	10200

(1) The name of the township zoning commission that will be	10201
conducting the hearing;	10202

(2) A statement indicating that the motion, resolution, or	10203
application is an amendment to the zoning resolution;	10204

(3) A list of the addresses of all properties to be rezoned	10205
or redistricted by the proposed amendment and of the names of	10206
owners of those properties, as they appear on the county auditor's	10207
current tax list;	10208

(4) The present zoning classification of property named in	10209
the proposed amendment and the proposed zoning classification of	10210
that property;	10211

(5) The time and place where the motion, resolution, or	10212
application proposing to amend the zoning resolution will be	10213
available for examination for a period of at least ten days prior	10214
to the hearing;	10215

(6) The name of the person responsible for giving notice of	10216
the hearing by publication, by mail, or by both publication and	10217
mail;	10218

(7) A statement that, after the conclusion of the hearing,	10219
the matter will be submitted to the board of township trustees for	10220
its action;	10221

(8) Any other information requested by the commission.

10222

(D) If the proposed amendment alters the text of the zoning	10223
resolution, or rezones or redistricts more than ten parcels of	10224
land as listed on the county auditor's current tax list, the	10225
published notice shall set forth the time, date, and place of the	10226
public hearing and include all of the following:	10227

(1) The name of the township zoning commission that will be	10228
conducting the hearing on the proposed amendment;	10229

(2) A statement indicating that the motion, application, or	10230
resolution is an amendment to the zoning resolution;	10231

(3) The time and place where the text and maps of the	10232
proposed amendment will be available for examination for a period	10233
of at least ten days prior to the hearing;	10234

(4) The name of the person responsible for giving notice of	10235
the hearing by publication;	10236

(5) A statement that, after the conclusion of the hearing,	10237
the matter will be submitted to the board of township trustees for	10238
its action;	10239

(6) Any other information requested by the commission.

10240

(E) Within five days after the adoption of the motion	10241
described in division (A) of this section, the certification of	10242
the resolution described in division (A) of this section, or the	10243
filing of the application described in division (A) of this	10244
section, the township zoning commission shall transmit a copy of	10245
it together with text and map pertaining to it to the county or	10246
regional planning commission, if there is such a commission.	10247

The county or regional planning commission shall recommend	10248
the approval or denial of the proposed amendment or the approval	10249
of some modification of it and shall submit its recommendation to	10250
the township zoning commission. The recommendation shall be	10251
considered at the public hearing held by the township zoning	10252
commission on the proposed amendment.	10253

The township zoning commission, within thirty days after the	10254
hearing, shall recommend the approval or denial of the proposed	10255
amendment, or the approval of some modification of it, and submit	10256
that recommendation together with the motion, application, or	10257
resolution involved, the text and map pertaining to the proposed	10258
amendment, and the recommendation of the county or regional	10259
planning commission on it to the board of township trustees.	10260

The board of township trustees, upon receipt of that	10261
recommendation, shall set a time for a public hearing on the	10262
proposed amendment, which date shall not be more than thirty days	10263
from the date of the receipt of that recommendation. Notice of the	10264
hearing shall be given by the board by one publication in one or	10265
more newspapers of general circulation in the township, at least	10266
ten days before the date of the hearing.	10267

(F) If the proposed amendment intends to rezone or redistrict	10268
ten or fewer parcels of land as listed on the county auditor's	10269
current tax list, the published notice shall set forth the time,	10270
date, and place of the public hearing and include all of the	10271
following:	10272

(1) The name of the board of township trustees that will be	10273
conducting the hearing;	10274

(2) A statement indicating that the motion, application, or	10275
resolution is an amendment to the zoning resolution;	10276

(3) A list of the addresses of all properties to be rezoned	10277
or redistricted by the proposed amendment and of the names of	10278
owners of those properties, as they appear on the county auditor's	10279
current tax list;	10280

(4) The present zoning classification of property named in	10281
the proposed amendment and the proposed zoning classification of	10282
that property;	10283

(5) The time and place where the motion, application, or	10284
resolution proposing to amend the zoning resolution will be	10285
available for examination for a period of at least ten days prior	10286
to the hearing;	10287

(6) The name of the person responsible for giving notice of	10288
the hearing by publication, by mail, or by both publication and	10289
mail;	10290

(7) Any other information requested by the board.

10291

(G) If the proposed amendment alters the text of the zoning	10292
resolution, or rezones or redistricts more than ten parcels of	10293
land as listed on the county auditor's current tax list, the	10294
published notice shall set forth the time, date, and place of the	10295
public hearing and include all of the following:	10296

(1) The name of the board of township trustees that will be	10297
conducting the hearing on the proposed amendment;	10298

(2) A statement indicating that the motion, application, or	10299
resolution is an amendment to the zoning resolution;	10300

(3) The time and place where the text and maps of the	10301
proposed amendment will be available for examination for a period	10302
of at least ten days prior to the hearing;	10303

(4) The name of the person responsible for giving notice of	10304
the hearing by publication;	10305

(5) Any other information requested by the board.

10306

(H) Within twenty days after its public hearing, the board of	10307
township trustees shall either adopt or deny the recommendations	10308
of the township zoning commission or adopt some modification of	10309
them. If the board denies or modifies the commission's	10310
recommendations, ~~the unanimous~~a two-thirds vote of the board	10311
shall be required.	10312

The proposed amendment, if adopted by the board, shall become	10313
effective in thirty days after the date of its adoption, unless,	10314
within thirty days after the adoption, there is presented to the	10315
board of township trustees a petition, signed by a number of	10316
registered electors residing in the unincorporated area of the	10317
township or part of that unincorporated area included in the	10318
zoning plan equal to not less than eight per cent of the total	10319
vote cast for all candidates for governor in that area at the most	10320
recent general election at which a governor was elected,	10321
requesting the board of township trustees to submit the amendment	10322
to the electors of that area for approval or rejection at a	10323
special election to be held on the day of the next primary or	10324
general election that occurs at least seventy-five days after the	10325
petition is filed. Each part of this petition shall contain the	10326
number and the full and correct title, if any, of the zoning	10327
amendment resolution, motion, or application, furnishing the name	10328
by which the amendment is known and a brief summary of its	10329
contents. In addition to meeting the requirements of this section,	10330
each petition shall be governed by the rules specified in section	10331
3501.38 of the Revised Code.	10332

The form of a petition calling for a zoning referendum and	10333
the statement of the circulator shall be substantially as follows:	10334

"PETITION FOR ZONING REFERENDUM

10335

(if the proposal is identified by a particular name or number, or	10336
both, these should be inserted here) .......................	10337

A proposal to amend the zoning map of the unincorporated area	10338
of ............. Township, ................. County, Ohio, adopted	10339
.....(date)..... (followed by brief summary of the proposal).	10340

To the Board of Township Trustees of .....................	10341
Township, ................. County, Ohio:	10342

~~...................... County, Ohio:~~

10343

We, the undersigned, being electors residing in the	10344
unincorporated area of ....................... Township, included	10345
within the ............. Township Zoning Plan, equal to not less	10346
than eight per cent of the total vote cast for all candidates for	10347
governor in the area at the preceding general election at which a	10348
governor was elected, request the Board of Township Trustees to	10349
submit this amendment of the zoning resolution to the electors of	10350
........................ Township residing within the	10351
unincorporated area of the township included in the	10352
.................. Township Zoning Resolution, for approval or	10353
rejection at a special election to be held on the day of the	10354
primary or general election to be held on .....(date).....,	10355
pursuant to section 519.12 of the Revised Code.	10356

	Street Address				Date of		10357
Signature	or R.F.D.	Township	Precinct	County	Signing		10358

..............................................................

10359

..............................................................

10360

STATEMENT OF CIRCULATOR

10361

I, .............(name of circulator).........., declare under	10362
penalty of election falsification that I am an elector of the	10363
state of Ohio and reside at the address appearing below my	10364
signature; that I am the circulator of the foregoing part petition	10365
containing .......(number)....... signatures; that I have	10366
witnessed the affixing of every signature; that all signers were	10367
to the best of my knowledge and belief qualified to sign; and that	10368
every signature is to the best of my knowledge and belief the	10369
signature of the person whose signature it purports to be or of an	10370
attorney in fact acting pursuant to section 3501.382 of the	10371
Revised Code.	10372

	................................		10373
	(Signature of circulator)		10374
	................................		10375
	(Address of circulator's permanent		10376
	residence in this state)		10377
	................................		10378
	(City, village, or township,		10379
	and zip code)		10380

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	10381
OF THE FIFTH DEGREE."	10382

The petition shall be filed with the board of township	10383
trustees and shall be accompanied by an appropriate map of the	10384
area affected by the zoning proposal. Within two weeks after	10385
receiving a petition filed under this section, the board of	10386
township trustees shall certify the petition to the board of	10387
elections. A petition filed under this section shall be certified	10388
to the board of elections not less than seventy-five days prior to	10389
the election at which the question is to be voted upon.	10390

The board of elections shall determine the sufficiency and	10391
validity of each petition certified to it by a board of township	10392
trustees under this section. If the board of elections determines	10393
that a petition is sufficient and valid, the question shall be	10394
voted upon at a special election to be held on the day of the next	10395
primary or general election that occurs at least seventy-five days	10396
after the date the petition is filed with the board of township	10397
trustees, regardless of whether any election will be held to	10398
nominate or elect candidates on that day.	10399

No amendment for which such a referendum vote has been	10400
requested shall be put into effect unless a majority of the vote	10401
cast on the issue is in favor of the amendment. Upon certification	10402
by the board of elections that the amendment has been approved by	10403
the voters, it shall take immediate effect.	10404

Within five working days after an amendment's effective date,	10405
the board of township trustees shall file the text and maps of the	10406
amendment in the office of the county recorder and with the county	10407
or regional planning commission, if one exists.	10408

The failure to file any amendment, or any text and maps, or	10409
duplicates of any of these documents, with the office of the	10410
county recorder or the county or regional planning commission as	10411
required by this section does not invalidate the amendment and is	10412
not grounds for an appeal of any decision of the board of zoning	10413
appeals.	10414

Sec. 521.01. (A) As used in this chapter, "private sewage	10415
collection tile" means any tile, ditch, pipe, or other improvement	10416
installed by a private person to receive and convey sewage and	10417
sewage effluent from at least five household sewage ~~treatment~~	10418
disposal systems, as those systems are defined in rules adopted by	10419
the public health council under section ~~3718.01~~3701.34 of the	10420
Revised Code.	10421

(B) A board of township trustees may maintain and repair	10422
private sewage collection tiles located within a township road	10423
right-of-way in the township, where the expenditure from the	10424
township general fund for materials to maintain and repair the	10425
tiles does not exceed two hundred dollars for any one project. No	10426
maintenance or repair shall be performed that is paid for from the	10427
township general fund under this division until the board adopts a	10428
resolution authorizing the maintenance or repair. If material	10429
costs would exceed two hundred dollars, the board may proceed	10430
under this chapter to maintain and repair the tiles by assessing	10431
the cost against property based on the special benefits the	10432
property receives from the project.	10433

Sec. 711.05. (A) Upon the submission of a plat for approval,	10434
in accordance with section 711.041 of the Revised Code, the board	10435
of county commissioners shall certify on it the date of the	10436
submission. Within five days of submission of the plat, the board	10437
shall schedule a meeting to consider the plat and send a written	10438
notice by regular mail to the fiscal officer of the board of	10439
township trustees of the township in which the plat is located ~~and~~	10440
~~the board of health of the health district in which the plat is~~	10441
~~located~~. The notice shall inform the trustees ~~and the board of~~	10442
~~health~~ of the submission of the plat and of the date, time, and	10443
location of any meeting at which the board of county commissioners	10444
will consider or act upon the proposed plat. The meeting shall	10445
take place within thirty days of submission of the plat, and no	10446
meeting shall be held until at least seven days have passed from	10447
the date the notice was sent by the board of county commissioners.	10448
The approval of the board required by section 711.041 of the	10449
Revised Code or the refusal to approve shall take place within	10450
thirty days from the date of submission or such further time as	10451
the applying party may agree to in writing; otherwise, the plat is	10452
deemed approved and may be recorded as if bearing such approval.	10453

(B) The board may adopt general rules governing plats and	10454
subdivisions of land falling within its jurisdiction, to secure	10455
and provide for the coordination of the streets within the	10456
subdivision with existing streets and roads or with existing	10457
county highways, for the proper amount of open spaces for traffic,	10458
circulation, and utilities, and for the avoidance of future	10459
congestion of population detrimental to the public health, safety,	10460
or welfare, but shall not impose a greater minimum lot area than	10461
forty-eight hundred square feet. Before the board may amend or	10462
adopt rules, it shall notify all the townships in the county of	10463
the proposed amendments or rules by regular mail at least thirty	10464
days before the public meeting at which the proposed amendments or	10465
rules are to be considered.	10466

The rules may require the ~~board~~county department of health	10467
to review and comment on a plat before the board of county	10468
commissioners acts upon it and may also require proof of	10469
compliance with any applicable zoning resolutions~~, and with~~	10470
~~household sewage treatment rules adopted under section 3718.02 of~~	10471
~~the Revised Code,~~ as a basis for approval of a plat. Where under	10472
section 711.101 of the Revised Code the board of county	10473
commissioners has set up standards and specifications for the	10474
construction of streets, utilities, and other improvements for	10475
common use, the general rules may require the submission of	10476
appropriate plans and specifications for approval. The board shall	10477
not require the person submitting the plat to alter the plat or	10478
any part of it as a condition for approval, as long as the plat is	10479
in accordance with general rules governing plats and subdivisions	10480
of land, adopted by the board as provided in this section, in	10481
effect at the time the plat was submitted and the plat is in	10482
accordance with any standards and specifications set up under	10483
section 711.101 of the Revised Code, in effect at the time the	10484
plat was submitted.	10485

(C) The ground of refusal to approve any plat, submitted in	10486
accordance with section 711.041 of the Revised Code, shall be	10487
stated upon the record of the board, and, within sixty days	10488
thereafter, the person submitting any plat that the board refuses	10489
to approve may file a petition in the court of common pleas of the	10490
county in which the land described in the plat is situated to	10491
review the action of the board. A board of township trustees is	10492
not entitled to appeal a decision of the board of county	10493
commissioners under this section.	10494

Sec. 711.10. (A) Whenever a county planning commission or a	10495
regional planning commission adopts a plan for the major streets	10496
or highways of the county or region, no plat of a subdivision of	10497
land within the county or region, other than land within a	10498
municipal corporation or land within three miles of a city or one	10499
and one-half miles of a village as provided in section 711.09 of	10500
the Revised Code, shall be recorded until it is approved by the	10501
county or regional planning commission under division (C) of this	10502
section and the approval is endorsed in writing on the plat.	10503

(B) A county or regional planning commission may require the	10504
submission of a preliminary plan for each plat sought to be	10505
recorded. If the commission requires this submission, it shall	10506
provide for a review process for the preliminary plan. Under this	10507
review process, the planning commission shall give its approval,	10508
its approval with conditions, or its disapproval of each	10509
preliminary plan. The commission's decision shall be in writing,	10510
shall be under the signature of the secretary of the commission,	10511
and shall be issued within thirty-five business days after the	10512
submission of the preliminary plan to the commission. The	10513
disapproval of a preliminary plan shall state the reasons for the	10514
disapproval. A decision of the commission under this division is	10515
preliminary to and separate from the commission's decision to	10516
approve, conditionally approve, or refuse to approve a plat under	10517
division (C) of this section.	10518

(C) Within five calendar days after the submission of a plat	10519
for approval under this division, the county or regional planning	10520
commission shall schedule a meeting to consider the plat and send	10521
a notice by regular mail or by electronic mail to the fiscal	10522
officer of the board of township trustees of the township in which	10523
the plat is located ~~and the board of health of the health district~~	10524
~~in which the plat is located~~. The notice shall inform the trustees	10525
~~and the board of health~~ of the submission of the plat and of the	10526
date, time, and location of any meeting at which the county or	10527
regional planning commission will consider or act upon the plat.	10528
The meeting shall take place within thirty calendar days after	10529
submission of the plat, and no meeting shall be held until at	10530
least seven calendar days have passed from the date the planning	10531
commission sent the notice.	10532

The approval of the county or regional planning commission,	10533
the commission's conditional approval as described in this	10534
division, or the refusal of the commission to approve shall be	10535
endorsed on the plat within thirty calendar days after the	10536
submission of the plat for approval under this division or within	10537
such further time as the applying party may agree to in writing;	10538
otherwise that plat is deemed approved, and the certificate of the	10539
commission as to the date of the submission of the plat for	10540
approval under this division and the failure to take action on it	10541
within that time shall be sufficient in lieu of the written	10542
endorsement or evidence of approval required by this division.	10543

A county or regional planning commission may grant	10544
conditional approval under this division to a plat by requiring a	10545
person submitting the plat to alter the plat or any part of it,	10546
within a specified period after the end of the thirty calendar	10547
days, as a condition for final approval under this division. Once	10548
all the conditions have been met within the specified period, the	10549
commission shall cause its final approval under this division to	10550
be endorsed on the plat. No plat shall be recorded until it is	10551
endorsed with the commission's final or unconditional approval	10552
under this division.	10553

The ground of refusal of approval of any plat submitted under	10554
this division, including citation of or reference to the rule	10555
violated by the plat, shall be stated upon the record of the	10556
county or regional planning commission. Within sixty calendar days	10557
after the refusal under this division, the person submitting any	10558
plat that the commission refuses to approve under this division	10559
may file a petition in the court of common pleas of the proper	10560
county, and the proceedings on the petition shall be governed by	10561
section 711.09 of the Revised Code as in the case of the refusal	10562
of a planning authority to approve a plat. A board of township	10563
trustees is not entitled to appeal a decision of the commission	10564
under this division.	10565

A county or regional planning commission shall adopt general	10566
rules, of uniform application, governing plats and subdivisions of	10567
land falling within its jurisdiction, to secure and provide for	10568
the proper arrangement of streets or other highways in relation to	10569
existing or planned streets or highways or to the county or	10570
regional plan, for adequate and convenient open spaces for	10571
traffic, utilities, access of firefighting apparatus, recreation,	10572
light, and air, and for the avoidance of congestion of population.	10573
The rules may provide for their modification by the commission in	10574
specific cases where unusual topographical and other exceptional	10575
conditions require the modification. The rules may require the	10576
~~board~~county department of health to review and comment on a plat	10577
before the commission acts upon it and also may require proof of	10578
compliance with any applicable zoning resolutions~~, and with~~	10579
~~household sewage treatment rules adopted under section 3718.02 of~~	10580
~~the Revised Code,~~ as a basis for approval of a plat.	10581

Before adoption of its rules or amendment of its rules, the	10582
commission shall hold a public hearing on the adoption or	10583
amendment. Notice of the public hearing shall be sent to all	10584
townships in the county or region by regular mail or electronic	10585
mail at least thirty business days before the hearing. No county	10586
or regional planning commission shall adopt any rules requiring	10587
actual construction of streets or other improvements or facilities	10588
or assurance of that construction as a condition precedent to the	10589
approval of a plat of a subdivision unless the requirements have	10590
first been adopted by the board of county commissioners after a	10591
public hearing. A copy of the rules shall be certified by the	10592
planning commission to the county recorders of the appropriate	10593
counties.	10594

After a county or regional street or highway plan has been	10595
adopted as provided in this section, the approval of plats and	10596
subdivisions provided for in this section shall be in lieu of any	10597
approvals provided for in other sections of the Revised Code,	10598
insofar as the territory within the approving jurisdiction of the	10599
county or regional planning commission, as provided in this	10600
section, is concerned. Approval of a plat shall not be an	10601
acceptance by the public of the dedication of any street, highway,	10602
or other way or open space shown upon the plat.	10603

No county or regional planning commission shall require a	10604
person submitting a plat to alter the plat or any part of it as	10605
long as the plat is in accordance with the general rules governing	10606
plats and subdivisions of land, adopted by the commission as	10607
provided in this section, in effect at the time the plat is	10608
submitted.	10609

A county or regional planning commission and a city or	10610
village planning commission, or platting commissioner or	10611
legislative authority of a village, with subdivision regulation	10612
jurisdiction over unincorporated territory within the county or	10613
region may cooperate and agree by written agreement that the	10614
approval of a plat by the city or village planning commission, or	10615
platting commissioner or legislative authority of a village, as	10616
provided in section 711.09 of the Revised Code, shall be	10617
conditioned upon receiving advice from or approval by the county	10618
or regional planning commission.	10619

(D) As used in this section, "business day" means a day of	10620
the week excluding Saturday, Sunday, or a legal holiday as defined	10621
in section 1.14 of the Revised Code.	10622

Sec. 711.131. (A) Notwithstanding sections 711.001 to 711.13	10623
of the Revised Code and except as provided in division (C) of this	10624
section, unless the rules adopted under section 711.05, 711.09, or	10625
711.10 of the Revised Code are amended pursuant to division (B) of	10626
this section, a proposed division of a parcel of land along an	10627
existing public street, not involving the opening, widening, or	10628
extension of any street or road, and involving no more than five	10629
lots after the original tract has been completely subdivided, may	10630
be submitted to the planning authority having approving	10631
jurisdiction of plats under section 711.05, 711.09, or 711.10 of	10632
the Revised Code for approval without plat. If the authority	10633
acting through a properly designated representative finds that a	10634
proposed division is not contrary to applicable platting,	10635
subdividing, zoning, health, sanitary, or access management	10636
regulations,or regulations adopted under division (B)(3) of	10637
section 307.37 of the Revised Code regarding existing surface or	10638
subsurface drainage, ~~or household sewage treatment rules adopted~~	10639
~~under section 3718.02 of the Revised Code, including, but not~~	10640
~~limited to, rules governing household sewage disposal systems,~~ it	10641
shall approve the proposed division within seven business days	10642
after its submission and, on presentation of a conveyance of the	10643
parcel, shall stamp the conveyance "approved by (planning	10644
authority); no plat required" and have it signed by its clerk,	10645
secretary, or other official as may be designated by it. The	10646
planning authority may require the submission of a sketch and	10647
other information that is pertinent to its determination under	10648
this division.	10649

(B) For a period of up to two years after ~~the effective date~~	10650
~~of this amendment~~April 15, 2005, the rules adopted under section	10651
711.05, 711.09, or 711.10 of the Revised Code may be amended	10652
within that period to authorize the planning authority involved to	10653
approve proposed divisions of parcels of land without plat under	10654
this division. If an authority so amends its rules, it may approve	10655
no more than five lots without a plat from an original tract as	10656
that original tract exists on the effective date of the amendment	10657
to the rules. The authority shall make the findings and approve a	10658
proposed division in the time and manner specified in division (A)	10659
of this section.	10660

(C) This section does not apply to parcels subject to section	10661
711.133 of the Revised Code.	10662

(D) As used in this section:

10663

~~(1)~~, "~~Business~~business day" means a day of the week	10664
excluding Saturday, Sunday, or a legal holiday as defined in	10665
section 1.14 of the Revised Code.	10666

~~(2) "Household sewage disposal system" has the same meaning~~	10667
~~as in section 3709.091 of the Revised Code.~~	10668

Sec. 718.051. (A) As used in this section, "Ohio business	10669
gateway" means the online computer network system, ~~initially~~	10670
~~created~~maintained by the ~~department of administrative services~~	10671
office of information technology under section ~~125.30~~126.18 of	10672
the Revised Code, that allows private businesses to electronically	10673
file business reply forms with state agencies and includes any	10674
successor electronic filing and payment system.	10675

(B) Notwithstanding section 718.05 of the Revised Code, on	10676
and after January 1, 2005, any taxpayer that is subject to any	10677
municipal corporation's tax on the net profit from a business or	10678
profession and has received an extension to file the federal	10679
income tax return shall not be required to notify the municipal	10680
corporation of the federal extension and shall not be required to	10681
file any municipal income tax return until the last day of the	10682
month to which the due date for filing the federal return has been	10683
extended, provided that, on or before the date for filing the	10684
municipal income tax return, the person notifies the tax	10685
commissioner of the federal extension through the Ohio business	10686
gateway. An extension of time to file is not an extension of the	10687
time to pay any tax due.	10688

(C) For taxable years beginning on or after January 1, 2005,	10689
a taxpayer subject to any municipal corporation's tax on the net	10690
profit from a business or profession may file any municipal income	10691
tax return or estimated municipal income return, and may make	10692
payment of amounts shown to be due on such returns, by using the	10693
Ohio business gateway.	10694

(D)(1) As used in this division, "qualifying wages" has the	10695
same meaning as in section 718.03 of the Revised Code.	10696

(2) Any employer may report the amount of municipal income	10697
tax withheld from qualifying wages paid on or after January 1,	10698
2007, and may make remittance of such amounts, by using the Ohio	10699
business gateway.	10700

(E) Nothing in this section affects the due dates for filing	10701
employer withholding tax returns.	10702

(F) No municipal corporation shall be required to pay any fee	10703
or charge for the operation or maintenance of the Ohio business	10704
gateway.	10705

(G) The use of the Ohio business gateway by municipal	10706
corporations, taxpayers, or other persons pursuant to this section	10707
does not affect the legal rights of municipalities or taxpayers as	10708
otherwise permitted by law. This state shall not be a party to the	10709
administration of municipal income taxes or to an appeal of a	10710
municipal income tax matter, except as otherwise specifically	10711
provided by law.	10712

(H)(1) The tax commissioner shall adopt rules establishing:

10713

(a) The format of documents to be used by taxpayers to file	10714
returns and make payments through the Ohio business gateway; and	10715

(b) The information taxpayers must submit when filing	10716
municipal income tax returns through the Ohio business gateway.	10717

(2) The commissioner shall consult with the Ohio business	10718
gateway steering committee before adopting the rules described in	10719
division (H)(1) of this section.	10720

(I) Nothing in this section shall be construed as limiting or	10721
removing the ability of any municipal corporation to administer,	10722
audit, and enforce the provisions of its municipal income tax.	10723

Sec. 718.13. (A) Any information gained as a result of	10724
returns, investigations, hearings, or verifications required or	10725
authorized by this chapter or by a charter or ordinance of a	10726
municipal corporation levying an income tax pursuant to this	10727
chapter is confidential, and no person shall disclose such	10728
information except in accordance with a proper judicial order or	10729
in connection with the performance of that person's official	10730
duties or the official business of the municipal corporation as	10731
authorized by this chapter or the charter or ordinance authorizing	10732
the levy. The tax administrator of the municipal corporation may	10733
furnish copies of returns filed under this chapter to the internal	10734
revenue service and to the tax commissioner.	10735

(B) This section does not prohibit the legislative authority	10736
of a municipal corporation, by ordinance or resolution, from	10737
authorizing the tax administrator to publish statistics in a form	10738
that does not disclose information with respect to particular	10739
taxpayers.	10740

Sec. 901.261. The director of agriculture, in conducting	10741
investigations, inquiries, or hearings, may assess the party to an	10742
action that is brought before the department of agriculture	10743
pursuant to Chapter 119. of the Revised Code the actual costs	10744
incurred by the department for depositions, investigations,	10745
issuance and service of subpoenas, witness fees, employment of a	10746
stenographer and hearing officer, and the production of books,	10747
accounts, papers, records, documents, and testimony if the	10748
applicable hearing officer determines that the party to the action	10749
has failed to comply with any chapter of the Revised Code or any	10750
rule adopted under any of those chapters that is administered by	10751
the director or if the hearing officer determines that the action	10752
was frivolous conduct by the party. Assessment of costs under this	10753
section may be appealed to a court of competent jurisdiction.	10754

Nothing in this section shall be construed to apply to	10755
investigations, inquiries, or hearings conducted under Chapter	10756
4741. of the Revised Code.	10757

Sec. 1306.20. (A) Subject to section 1306.11 of the Revised	10758
Code, each state agency shall determine if, and the extent to	10759
which, it will send and receive electronic records and electronic	10760
signatures to and from other persons and otherwise create,	10761
generate, communicate, store, process, use, and rely upon	10762
electronic records and electronic signatures.	10763

(B)(1) Subject to division (B)(2) of this section, a state	10764
agency may waive a requirement in the Revised Code, other than a	10765
requirement in sections 1306.01 to 1306.15 of the Revised Code,	10766
that relates to any of the following:	10767

(a) The method of posting or displaying records;

10768

(b) The manner of sending, communicating, or transmitting	10769
records;	10770

10771

(2) A state agency may exercise its authority to waive a	10772
requirement under division (B)(1) of this section only if the	10773
following apply:	10774

(a) The requirement relates to a matter over which the state	10775
agency has jurisdiction;	10776

(b) The waiver is consistent with criteria set forth in rules	10777
adopted by the state agency. The criteria, to the extent	10778
reasonable under the circumstances, shall contain standards to	10779
facilitate the use of electronic commerce by persons under the	10780
jurisdiction of the state agency consistent with rules adopted by	10781
the department of administrative services pursuant to division (A)	10782
of section 1306.21 of the Revised Code.	10783

(C) If a state agency creates, uses, receives, or retains	10784
electronic records, both of the following apply:	10785

(1) Any rules adopted by a state agency relating to	10786
electronic records shall be consistent with rules adopted by the	10787
~~department of administrative services~~office of information	10788
technology pursuant to division (A) of section 1306.21 of the	10789
Revised Code.	10790

(2) Each state agency shall create, use, receive, and retain	10791
electronic records in accordance with section 149.40 of the	10792
Revised Code.	10793

(D) If a state agency creates, uses, or receives electronic	10794
signatures, the state agency shall create, use, or receive the	10795
signatures in accordance with rules adopted by the ~~department of~~	10796
~~administrative services~~office of information technology pursuant	10797
to division (A) of section 1306.21 of the Revised Code.	10798

(E)(1) To the extent a state agency retains an electronic	10799
record, the state agency may retain a record in a format that is	10800
different from the format in which the record was originally	10801
created, used, sent, or received only if it can be demonstrated	10802
that the alternative format used accurately and completely	10803
reflects the record as it was originally created, used, sent, or	10804
received.	10805

(2) If a state agency in retaining any set of electronic	10806
records pursuant to division (E)(1) of this section alters the	10807
format of the records, the state agency shall create a certificate	10808
of authenticity for each set of records that is altered.	10809

(3) The ~~department of administrative services~~office of	10810
information technology, in consultation with the state archivist,	10811
shall adopt rules in accordance with section 111.15 of the Revised	10812
Code that establish the methods for creating certificates of	10813
authenticity pursuant to division (E)(2) of this section.	10814

(F) Whenever any rule of law requires or authorizes the	10815
filing of any information, notice, lien, or other document or	10816
record with any state agency, a filing made by an electronic	10817
record shall have the same force and effect as a filing made on	10818
paper in all cases where the state agency has authorized or agreed	10819
to such electronic filing and the filing is made in accordance	10820
with applicable rules or agreement.	10821

(G) Nothing in sections 1306.01 to 1306.23 of the Revised	10822
Code shall be construed to require any state agency to use or	10823
permit the use of electronic records and electronic signatures.	10824

(H)(1) Notwithstanding division (C)(1) or (D) of this	10825
section, any state agency that, prior to ~~the effective date of~~	10826
~~this section~~September 14, 2000, used or permitted the use of	10827
electronic records or electronic signatures pursuant to laws	10828
enacted, rules adopted, or agency policies adopted before ~~the~~	10829
~~effective date of this section~~September 14, 2000, may use or	10830
permit the use of electronic records or electronic signatures	10831
pursuant to those previously enacted laws, adopted rules, or	10832
adopted policies for a period of two years after ~~the effective~~	10833
~~date of this section~~September 14, 2000.	10834

(2) Subject to division (H)(3) of this section, after the	10835
two-year period described in division (H)(1) of this section has	10836
concluded, all state agencies that use or permit the use of	10837
electronic records or electronic signatures before ~~the effective~~	10838
~~date of this section~~September 14, 2000, shall only use or permit	10839
the use of electronic records or electronic signatures consistent	10840
with rules adopted by the ~~department of administrative services~~	10841
office of information technology pursuant to division (A) of	10842
section 1306.21 of the Revised Code.	10843

(3) After the two-year period described in division (H)(1) of	10844
this section has concluded, the ~~department of administrative~~	10845
~~services~~office of information technology may permit a state	10846
agency to use electronic records or electronic signatures that do	10847
not comply with division (H)(2) of this section, if the state	10848
agency files a written request with the ~~department~~office of	10849
information technology.	10850

(I) For the purposes of this section, "state agency" means	10851
every organized body, office, or agency established by the laws of	10852
the state for the exercise of any function of state government,	10853
but does not include the general assembly, any legislative agency,	10854
the supreme court, the other courts of record in this state, or	10855
any judicial agency.	10856

Sec. 1306.21. (A) With regard to state agency use of	10857
electronic records or electronic signatures, the ~~department of~~	10858
~~administrative services~~office of information technology, in	10859
consultation with the state archivist, shall adopt rules in	10860
accordance with section 111.15 of the Revised Code setting forth	10861
all of the following:	10862

(1) The minimum requirements for the method of creation,	10863
maintenance, and security of electronic records and electronic	10864
signatures;	10865

(2) If electronic records must be signed by electronic means,	10866
all of the following:	10867

(a) The type of electronic signature required;

10868

(b) The manner and format in which the electronic signature	10869
must be affixed to the electronic record;	10870

(c) The identity of, or criteria that must be met by, any	10871
third party used by the person filing a document to facilitate the	10872
process.	10873

(3) Control processes and procedures as appropriate to ensure	10874
adequate preservation, disposition, integrity, security,	10875
confidentiality, and auditability of electronic records;	10876

(4) Any other required attributes for electronic records that	10877
are specified for corresponding nonelectronic records or are	10878
reasonably necessary under the circumstances.	10879

(B)(1) The ~~department of administrative services~~office of	10880
information technology may adopt rules in accordance with section	10881
111.15 of the Revised Code to ensure consistency and	10882
interoperability among state agencies with regard to electronic	10883
transactions, electronic signatures, and security procedures.	10884

(2) If the ~~department of administrative services~~office of	10885
information technology adopts rules pursuant to division (B)(1) of	10886
this section, the department shall consider consistency in	10887
applications and interoperability with governmental agencies of	10888
this state, agencies of other states, the federal government, and	10889
nongovernmental persons to the extent practicable when adopting	10890
rules pursuant to that division.	10891

(C) With regard to electronic transactions, electronic	10892
signatures, and security procedures, the ~~department of~~	10893
~~administrative services~~office of information technology may	10894
publish recommendations for governmental agencies and	10895
nongovernmental persons to promote consistency and	10896
interoperability among nongovernmental persons, agencies of this	10897
state and other states, and the federal government.	10898

(D) For purposes of this section, "state agency" has the same	10899
meaning as in section 1306.20 of the Revised Code.	10900

Sec. 1347.06. The ~~director of administrative services~~office	10901
of information technology shall adopt, amend, and rescind rules	10902
pursuant to Chapter 119. of the Revised Code for the purposes of	10903
administering and enforcing the provisions of this chapter that	10904
pertain to state agencies.	10905

A state or local agency that, or an officer or employee of a	10906
state or local agency who, complies in good faith with a rule	10907
applicable to the agency is not subject to criminal prosecution or	10908
civil liability under this chapter.	10909

Sec. 1503.05. (A) The chief of the division of forestry may	10910
sell timber and other forest products from the state forest and	10911
state forest nurseries whenever the chief considers such a sale	10912
desirable and, with the approval of the attorney general and the	10913
director of natural resources, may sell portions of the state	10914
forest lands when such a sale is advantageous to the state.	10915

(B) Except as otherwise provided in this section, a timber	10916
sale agreement shall not be executed unless the person or	10917
governmental entity bidding on the sale executes and files a	10918
surety bond conditioned on completion of the timber sale in	10919
accordance with the terms of the agreement in an amount equal to	10920
twenty-five per cent of the highest value cutting section. All	10921
bonds shall be given in a form prescribed by the chief and shall	10922
run to the state as obligee.	10923

The chief shall not approve any bond until it is personally	10924
signed and acknowledged by both principal and surety, or as to	10925
either by the attorney in fact thereof, with a certified copy of	10926
the power of attorney attached. The chief shall not approve the	10927
bond unless there is attached a certificate of the superintendent	10928
of insurance that the company is authorized to transact a fidelity	10929
and surety business in this state.	10930

In lieu of a bond, the bidder may deposit any of the	10931
following:	10932

(1) Cash in an amount equal to the amount of the bond;

10933

(2) United States government securities having a par value	10934
equal to or greater than the amount of the bond;	10935

(3) Negotiable certificates of deposit or irrevocable letters	10936
of credit issued by any bank organized or transacting business in	10937
this state having a par value equal to or greater than the amount	10938
of the bond.	10939

The cash or securities shall be deposited on the same terms	10940
as bonds. If one or more certificates of deposit are deposited in	10941
lieu of a bond, the chief shall require the bank that issued any	10942
of the certificates to pledge securities of the aggregate market	10943
value equal to the amount of the certificate or certificates that	10944
is in excess of the amount insured by the federal deposit	10945
insurance corporation. The securities to be pledged shall be those	10946
designated as eligible under section 135.18 of the Revised Code.	10947
The securities shall be security for the repayment of the	10948
certificate or certificates of deposit.	10949

Immediately upon a deposit of cash, securities, certificates	10950
of deposit, or letters of credit, the chief shall deliver them to	10951
the treasurer of state, who shall hold them in trust for the	10952
purposes for which they have been deposited. The treasurer of	10953
state is responsible for the safekeeping of the deposits. A bidder	10954
making a deposit of cash, securities, certificates of deposit, or	10955
letters of credit may withdraw and receive from the treasurer of	10956
state, on the written order of the chief, all or any portion of	10957
the cash, securities, certificates of deposit, or letters of	10958
credit upon depositing with the treasurer of state cash, other	10959
United States government securities, or other negotiable	10960
certificates of deposit or irrevocable letters of credit issued by	10961
any bank organized or transacting business in this state, equal in	10962
par value to the par value of the cash, securities, certificates	10963
of deposit, or letters of credit withdrawn.	10964

A bidder may demand and receive from the treasurer of state	10965
all interest or other income from any such securities or	10966
certificates as it becomes due. If securities so deposited with	10967
and in the possession of the treasurer of state mature or are	10968
called for payment by their issuer, the treasurer of state, at the	10969
request of the bidder who deposited them, shall convert the	10970
proceeds of the redemption or payment of the securities into other	10971
United States government securities, negotiable certificates of	10972
deposit, or cash as the bidder designates.	10973

When the chief finds that a person or governmental agency has	10974
failed to comply with the conditions of the person's or	10975
governmental agency's bond, the chief shall make a finding of that	10976
fact and declare the bond, cash, securities, certificates, or	10977
letters of credit forfeited. The chief thereupon shall certify the	10978
total forfeiture to the attorney general, who shall proceed to	10979
collect the amount of the bond, cash, securities, certificates, or	10980
letters of credit.	10981

In lieu of total forfeiture, the surety, at its option, may	10982
cause the timber sale to be completed or pay to the treasurer of	10983
state the cost thereof.	10984

All moneys collected as a result of forfeitures of bonds,	10985
cash, securities, certificates, and letters of credit under this	10986
section shall be credited to the state forest fund created in this	10987
section.	10988

(C) The chief may grant easements and leases on portions of	10989
the state forest lands and state forest nurseries under terms that	10990
are advantageous to the state, and the chief may grant mineral	10991
rights on a royalty basis on those lands and nurseries, with the	10992
approval of the attorney general and the director.	10993

(D) All moneys received from the sale of state forest lands,	10994
or in payment for easements or leases on or as rents from those	10995
lands or from state forest nurseries, shall be paid into the state	10996
treasury to the credit of the state forest fund, which is hereby	10997
created. In addition, all moneys received from federal grants,	10998
payments, and reimbursements, from the sale of reforestation tree	10999
stock, from the sale of forest products, other than standing	11000
timber, and from the sale of minerals taken from the state forest	11001
lands and state forest nurseries, together with royalties from	11002
mineral rights, shall be paid into the state treasury to the	11003
credit of the state forest fund. Any other revenues derived from	11004
the operation of the state forests and related facilities or	11005
equipment also shall be paid into the state treasury to the credit	11006
of the state forest fund, as shall contributions received for the	11007
issuance of Smokey Bear license plates under section 4503.574 of	11008
the Revised Code and any other moneys required by law to be	11009
deposited in the fund.	11010

The state forest fund shall not be expended for any purpose	11011
other than the administration, operation, maintenance,	11012
development, or utilization of the state forests, forest	11013
nurseries, and forest programs, for facilities or equipment	11014
incident to them, or for the further purchase of lands for state	11015
forest or forest nursery purposes and, in the case of	11016
contributions received pursuant to section 4503.574 of the Revised	11017
Code, for fire prevention purposes.	11018

All moneys received from the sale of standing timber taken	11019
from state forest lands and state forest nurseries shall be	11020
deposited into the state treasury to the credit of the forestry	11021
holding account redistribution fund, which is hereby created. The	11022
moneys shall remain in the fund until they are redistributed in	11023
accordance with this division.	11024

The redistribution shall occur at least once each year. To	11025
begin the redistribution, the chief first shall determine the	11026
amount of all standing timber sold from state forest lands and	11027
state forest nurseries, together with the amount of the total sale	11028
proceeds, in each county, in each township within the county, and	11029
in each school district within the county. The chief next shall	11030
determine the amount of the direct costs that the division of	11031
forestry incurred in association with the sale of that standing	11032
timber. The amount of the direct costs shall be subtracted from	11033
the amount of the total sale proceeds and shall be transferred	11034
from the forestry holding account redistribution fund to the state	11035
forest fund.	11036

The remaining amount of the total sale proceeds equals the	11037
net value of the standing timber that was sold. The chief shall	11038
determine the net value of standing timber sold from state forest	11039
lands and state forest nurseries in each county, in each township	11040
within the county, and in each school district within the county	11041
and shall send to each county treasurer a copy of the	11042
determination at the time that moneys are paid to the county	11043
treasurer under this division.	11044

Twenty-five per cent of the net value of standing timber sold	11045
from state forest lands and state forest nurseries located in a	11046
county shall be transferred from the forestry holding account	11047
redistribution fund to the state forest fund. Ten per cent of that	11048
net value shall be transferred from the forestry holding account	11049
redistribution fund to the general revenue fund. The remaining	11050
sixty-five per cent of the net value shall be transferred from the	11051
forestry holding account redistribution fund and paid to the	11052
county treasurer for the use of the general fund of that county.	11053

The county auditor shall do all of the following:

11054

(1) Retain for the use of the general fund of the county	11055
one-fourth of the amount received by the county under division (D)	11056
of this section;	11057

(2) Pay into the general fund of any township located within	11058
the county and containing such lands and nurseries one-fourth of	11059
the amount received by the county from standing timber sold from	11060
lands and nurseries located in the township;	11061

(3) Request the board of education of any school district	11062
located within the county and containing such lands and nurseries	11063
to identify which fund or funds of the district should receive the	11064
moneys available to the school district under division (D)(3) of	11065
this section. After receiving notice from the board, the county	11066
auditor shall pay into the fund or funds so identified one-half of	11067
the amount received by the county from standing timber sold from	11068
lands and nurseries located in the school district, distributed	11069
proportionately as identified by the board.	11070

The division of forestry shall not supply logs, lumber, or	11071
other forest products or minerals, taken from the state forest	11072
lands or state forest nurseries, to any other agency or	11073
subdivision of the state unless payment is made therefor in the	11074
amount of the actual prevailing value thereof. This section is	11075
applicable to the moneys so received.	11076

Sec. 1504.02. (A) The division of real estate and land	11077
management shall do all of the following:	11078

(1) Except as otherwise provided in the Revised Code,	11079
coordinate and conduct all real estate functions for the	11080
department of natural resources, including at least acquisitions	11081
by purchase, lease, gift, devise, bequest, appropriation, or	11082
otherwise; grants through sales, leases, exchanges, easements, and	11083
licenses; inventories of land; and other related general	11084
management duties;	11085

(2) Assist the department and its divisions by providing	11086
department-wide planning, including at least master planning,	11087
comprehensive planning, capital improvements planning, and special	11088
purpose planning such as trails coordination and planning under	11089
section 1519.03 of the Revised Code;	11090

(3) ~~On behalf of the director of natural resources,~~	11091
~~administer the coastal management program established under~~	11092
~~sections 1506.01 to 1506.03 and 1506.05 to 1506.09 of the Revised~~	11093
~~Code and consult with and provide coordination among state~~	11094
~~agencies, political subdivisions, the United States and agencies~~	11095
~~of it, and interstate, regional, and areawide agencies to assist~~	11096
~~the director in executing the director's duties and~~	11097
~~responsibilities under that program and to assist the department~~	11098
~~as the lead agency for the development and implementation of the~~	11099
~~program;~~	11100

~~(4) On behalf of the director, administer sections 1506.10~~	11101
~~and 1506.11 and sections 1506.31 to 1506.36 of the Revised Code;~~	11102

~~(5)~~ Cooperate with the United States and agencies of it and	11103
with political subdivisions in administering federal recreation	11104
moneys under the "Land and Water Conservation Fund Act of 1965,"	11105
78 Stat. 897, 16 U.S.C.A. 4601-8, as amended; prepare and	11106
distribute the statewide comprehensive outdoor recreation plan;	11107
and administer the state recreational vehicle fund created in	11108
section 4519.11 of the Revised Code;	11109

~~(6)~~(4)(a) Support the geographic information system needs for	11110
the department as requested by the director, which shall include,	11111
but not be limited to, all of the following:	11112

(i) Assisting in the training and education of department	11113
resource managers, administrators, and other staff in the	11114
application and use of geographic information system technology;	11115

(ii) Providing technical support to the department in the	11116
design, preparation of data, and use of appropriate geographic	11117
information system applications in order to help solve resource	11118
related problems and to improve the effectiveness and efficiency	11119
of department delivered services;	11120

(iii) Creating, maintaining, and documenting spatial digital	11121
data bases for the division and for other divisions as assigned by	11122
the director.	11123

(b) Provide information to and otherwise assist government	11124
officials, planners, and resource managers in understanding land	11125
use planning and resource management;	11126

(c) Provide continuing assistance to local government	11127
officials and others in natural resource digital data base	11128
development and in applying and utilizing the geographic	11129
information system for land use planning, current agricultural use	11130
value assessment, development reviews, coastal management, and	11131
other resource management activities;	11132

(d) Coordinate and administer the remote sensing needs of the	11133
department, including the collection and analysis of aerial	11134
photography, satellite data, and other data pertaining to land,	11135
water, and other resources of the state;	11136

(e) Prepare and publish maps and digital data relating to the	11137
state's land use and land cover over time on a local, regional,	11138
and statewide basis;	11139

(f) Locate and distribute hard copy maps, digital data,	11140
aerial photography, and other resource data and information to	11141
government agencies and the public.	11142

~~(7)~~(5) Prepare special studies and execute any other duties,	11143
functions, and responsibilities requested by the director.	11144

(B) The division may do any of the following:

11145

(1) Coordinate such environmental matters concerning the	11146
department and the state as are necessary to comply with the	11147
"National Environmental Policy Act of 1969," 83 Stat. 852, 42	11148
U.S.C.A. 4321, as amended, the "Intergovernmental Cooperation Act	11149
of 1968," 82 Stat. 1098, 31 U.S.C.A. 6506, and the "Federal Water	11150
Pollution Control Act," 91 Stat. 1566 (1977), 33 U.S.C.A. 1251, as	11151
amended, and regulations adopted under those acts;	11152

(2) With the approval of the director, coordinate and	11153
administer compensatory mitigation grant programs and other	11154
programs for streams and wetlands as approved in accordance with	11155
certifications and permits issued under sections 401 and 404 of	11156
the "Federal Water Pollution Control Act", 91 Stat. 1566(1977), 33	11157
U.S.C.A. 1251, as amended, by the environmental protection agency	11158
and the United States army corps of engineers;	11159

(3) Administer any state or federally funded grant program	11160
that is related to natural resources and recreation as considered	11161
necessary by the director.	11162

Sec. 1506.01. As used in this chapter:

11163

(A) "Coastal area" means the waters of Lake Erie, the islands	11164
in the lake, and the lands under and adjacent to the lake,	11165
including transitional areas, wetlands, and beaches. The coastal	11166
area extends in Lake Erie to the international boundary line	11167
between the United States and Canada and landward only to the	11168
extent necessary to include shorelands, the uses of which have a	11169
direct and significant impact on coastal waters as determined by	11170
the director of natural resources.	11171

(B) "Coastal management program" means the comprehensive	11172
action of the state and its political subdivisions cooperatively	11173
to preserve, protect, develop, restore, or enhance the resources	11174
of the coastal area and to ensure wise use of the land and water	11175
resources of the coastal area, giving attention to natural,	11176
cultural, historic, and aesthetic values; agricultural,	11177
recreational, energy, and economic needs; and the national	11178
interest. "Coastal management program" includes the establishment	11179
of objectives, policies, standards, and criteria concerning,	11180
without limitation, protection of air, water, wildlife, rare and	11181
endangered species, wetlands and natural areas, and other natural	11182
resources in the coastal area; management of coastal development	11183
and redevelopment; preservation and restoration of historic,	11184
cultural, and aesthetic coastal features; and public access to the	11185
coastal area for recreation purposes.	11186

(C) "Coastal management program document" means a	11187
comprehensive statement consisting of, without limitation, text,	11188
maps, and illustrations that is adopted by the director in	11189
accordance with this chapter, describes the objectives, policies,	11190
standards, and criteria of the coastal management program for	11191
guiding public and private uses of lands and waters in the coastal	11192
area, lists the governmental agencies, including, without	11193
limitation, state agencies, involved in implementing the coastal	11194
management program, describes their applicable policies and	11195
programs, and cites the statutes and rules under which they may	11196
adopt and implement those policies and programs.	11197

(D) "Person" means any agency of this state, any political	11198
subdivision of this state or of the United States, and any legal	11199
entity defined as a person under section 1.59 of the Revised Code.	11200

(E) "Director" means the director of natural resources or the	11201
director's designee.	11202

(F) "Permanent structure" means any residential, commercial,	11203
industrial, institutional, or agricultural building, any mobile	11204
home as defined in division (O) of section 4501.01 of the Revised	11205
Code, any manufactured home as defined in division (C)(4) of	11206
section 3781.06 of the Revised Code, and any septic system that	11207
receives sewage from a single-family, two-family, or three-family	11208
dwelling, but does not include any recreational vehicle as defined	11209
in section 4501.01 of the Revised Code.	11210

(G) "State agency" or "agency of the state" has the same	11211
meaning as "agency" as defined in section 111.15 of the Revised	11212
Code.	11213

(H) "Coastal flood hazard area" means any territory within	11214
the coastal area that has been identified as a flood hazard area	11215
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	11216
42 U.S.C.A. 4002, as amended.	11217

(I) "Coastal erosion area" means any territory included in	11218
Lake Erie coastal erosion areas identified by the director under	11219
section 1506.06 of the Revised Code.	11220

(J) "Conservancy district" means a conservancy district that	11221
is established under Chapter 6101. of the Revised Code.	11222

(K) "Park board" means the board of park commissioners of a	11223
park district that is created under Chapter 1545. of the Revised	11224
Code.	11225

(L) "Erosion control structure" means a structure that is	11226
designed solely and specifically to reduce or control erosion of	11227
the shore along or near Lake Erie, including, without limitation,	11228
revetments, seawalls, bulkheads, certain breakwaters, and similar	11229
structures.	11230

(M) "Shore structure" includes, but is not limited to,	11231
beaches; groins; revetments; bulkheads; seawalls; breakwaters;	11232
certain dikes designated by the chief of the division of water;	11233
piers; docks; jetties; wharves; marinas; boat ramps; any	11234
associated fill or debris used as part of the construction of	11235
shore structures that may affect shore erosion, wave action, or	11236
inundation; and fill or debris that is placed along or near the	11237
shore, including bluffs, banks, or beach ridges, for the purpose	11238
of stabilizing slopes.	11239

~~Sec. 1521.20.~~ Sec. 1506.38. The ~~chief~~director of ~~the division of~~	11240
~~water~~natural resources shall act as the erosion agent of the	11241
state for the purpose of cooperating with the secretary of the	11242
army, acting through the chief of engineers of the United States	11243
army corps of engineers in the department of defense. The ~~chief~~	11244
director shall cooperate with the secretary in carrying out, and	11245
may conduct, investigations and studies of conditions along the	11246
shorelines of Lake Erie and of the bays and projections therefrom,	11247
and of the islands therein, within the territorial waters of the	11248
state, with a view to devising and perfecting economical and	11249
effective methods and works for preventing, correcting, and	11250
controlling shore erosion and damage therefrom and controlling the	11251
inundation of improved property by the waters of Lake Erie, its	11252
bays, and associated inlets.	11253

~~Sec. 1521.21.~~ Sec. 1506.39. The ~~chief~~director of ~~the division of~~	11254
~~water~~natural resources, in the discharge of the ~~chief's~~	11255
director's duties under sections ~~1507.20~~1506.38 to ~~1507.30~~	11256
1506.48 of the Revised Code, may call to the ~~chief's~~director's	11257
assistance, temporarily, any engineers or other employees in any	11258
state department, or in the Ohio state university or other	11259
educational institutions financed wholly or in part by the state,	11260
for the purpose of devising the most effective and economical	11261
methods of controlling shore erosion and damage from it and	11262
controlling the inundation of improved property by the waters of	11263
Lake Erie and its bays and associated inlets.	11264

Such engineers and employees shall not receive any additional	11265
compensation over that which they receive from the departments or	11266
institutions by which they are employed, but they shall be	11267
reimbursed for their actual necessary expenses incurred while	11268
working under the direction of the ~~chief~~director on erosion and	11269
inundation projects.	11270

~~Sec. 1521.22.~~ Sec. 1506.40. No person shall construct a beach,	11271
groin, or other structure to control erosion, wave action, or	11272
inundation along or near the Ohio shoreline of Lake Erie,	11273
including related islands, bays, and inlets, without first	11274
obtaining a shore structure permit from the ~~chief of the division~~	11275
director of ~~water. The~~natural resources.	11276

The application for a ~~shore structure~~ permit shall include	11277
detailed plans and specifications prepared by a professional	11278
engineer registered under Chapter 4733. of the Revised Code. An	11279
applicant shall provide appropriate evidence of compliance with	11280
any applicable provisions of this chapter and Chapters 1505. and	11281
~~1506.~~1521. of the Revised Code, as determined by the ~~chief~~	11282
director. A temporary shore structure permit may be issued by the	11283
~~chief or an authorized representative of the chief~~director if it	11284
is determined necessary to safeguard life, health, or property.	11285

Each application or reapplication for a permit under this	11286
section shall be accompanied by a non-refundable fee as the ~~chief~~	11287
director shall prescribe by rule.	11288

If the application is approved, the ~~chief~~director shall	11289
issue a permit to the applicant authorizing construction of the	11290
project. If requested in writing by the applicant within thirty	11291
days of issuance of a notice of disapproval of the application,	11292
the ~~chief~~director shall conduct an adjudication hearing under	11293
Chapter 119. of the Revised Code, except sections 119.12 and	11294
119.121 of the Revised Code. After reviewing the record of the	11295
hearing, the ~~chief~~director shall issue a final order approving	11296
the application, disapproving it, or approving it conditioned on	11297
the making of specified revisions in the plans and specifications.	11298

The ~~chief~~director, by rule, shall limit the period during	11299
which a construction permit issued under this section is valid and	11300
shall establish reapplication requirements governing a	11301
construction permit that expires before construction is completed.	11302

In accordance with Chapter 119. of the Revised Code, the	11303
~~chief~~director shall adopt, and may amend or rescind, such rules	11304
as are necessary for the administration, implementation, and	11305
enforcement of this section.	11306

~~Sec. 1521.23.~~ Sec. 1506.41. All moneys derived from the granting	11307
of permits and leases under section 1505.07 of the Revised Code	11308
for the removal of sand, gravel, stone, gas, oil, and other	11309
minerals and substances from and under the bed of Lake Erie and	11310
from applications for shore structure permits submitted under	11311
section ~~1521.22~~1506.40 of the Revised Code shall be paid into the	11312
state treasury to the credit of the permit and lease fund, which	11313
is hereby created. Notwithstanding any section of the Revised Code	11314
relating to the distribution or crediting of fines for violations	11315
of the Revised Code, all fines imposed under division (A) of	11316
section 1505.99 of the Revised Code and under division (C) of	11317
section ~~1521.99~~1506.99 of the Revised Code shall be paid into	11318
that fund. The fund shall be administered by the department of	11319
natural resources for the protection of Lake Erie shores and	11320
waters; investigation and control of erosion; the planning,	11321
development, and construction of facilities for recreational use	11322
of Lake Erie; implementation of section ~~1521.22~~1506.40 of the	11323
Revised Code; preparation of the state shore erosion plan under	11324
section ~~1521.29~~1506.47 of the Revised Code; and state	11325
administration of Lake Erie coastal erosion areas under sections	11326
1506.06 and 1506.07 of the Revised Code.	11327

~~Sec. 1521.24.~~ Sec. 1506.42. The state, acting through the ~~chief~~	11328
director of ~~the division of water~~natural resources, subject to	11329
section ~~1521.28~~1506.46 of the Revised Code, may enter into	11330
agreements with counties, townships, municipal corporations, park	11331
boards, and conservancy districts, other political subdivisions,	11332
or any state departments or divisions for the purpose of	11333
constructing and maintaining projects to control erosion along the	11334
Ohio shoreline of Lake Erie and in any rivers and bays that are	11335
connected with Lake Erie and any other watercourses that flow into	11336
Lake Erie. Such projects also may be constructed on any Lake Erie	11337
island that is situated within the boundaries of the state.	11338

The cost of such shore erosion projects that are for the	11339
benefit of public littoral property shall be prorated on the basis	11340
of two-thirds of the total cost to the state through	11341
appropriations made to the ~~division~~department of ~~water~~natural	11342
resources and one-third of the cost to the counties, townships,	11343
municipal corporations, park boards, conservancy districts, or	11344
other political subdivisions.	11345

If a shore erosion emergency is declared by the governor, the	11346
state, acting through the ~~chief~~director, may spend whatever state	11347
funds are available to alleviate shore erosion, without	11348
participation by any political subdivision, regardless of whether	11349
the project will benefit public or private littoral property.	11350

A board of county commissioners, acting for the county over	11351
which it has jurisdiction, may enter into and carry out agreements	11352
with the ~~chief~~director for the construction and maintenance of	11353
projects to control shore erosion. In providing the funds for the	11354
county's proportionate share of the cost of constructing and	11355
maintaining the projects referred to in this section, the board	11356
shall be governed by and may issue and refund bonds in accordance	11357
with Chapter 133. of the Revised Code.	11358

A municipal corporation or a township, acting through the	11359
legislative authority or the board of township trustees, may enter	11360
into and carry out agreements with the ~~chief~~director for the	11361
purpose of constructing and maintaining projects to control shore	11362
erosion. In providing the funds for the municipal corporation's or	11363
township's proportionate share of the cost of constructing and	11364
maintaining the projects referred to in this section, a municipal	11365
corporation or township may issue and refund bonds in accordance	11366
with Chapter 133. of the Revised Code. The contract shall be	11367
executed on behalf of the municipal corporation or township by the	11368
mayor, city manager, or other chief executive officer who has the	11369
authority to act for the municipal corporation or township.	11370

Conservancy districts may enter into and carry out agreements	11371
with the ~~chief~~director, in accordance with the intent of this	11372
section, under the powers conferred upon conservancy districts	11373
under Chapter 6101. of the Revised Code.	11374

Park boards may enter into and carry out agreements with the	11375
~~chief~~director, in accordance with the intent of this section, and	11376
issue bonds for that purpose under the powers conferred upon park	11377
districts under Chapter 1545. of the Revised Code.	11378

The ~~chief~~director shall approve and supervise all projects	11379
that are to be constructed in accordance with this section. The	11380
~~chief~~director shall not proceed with the construction of any	11381
project until all funds that are to be paid by the county,	11382
township, municipal corporation, park board, or conservancy	11383
district, in accordance with the terms of the agreement entered	11384
into between the ~~chief~~director and the county, township,	11385
municipal corporation, park board, or conservancy district, are in	11386
the ~~chief's~~director's possession and deposited in the shore	11387
erosion fund, which is hereby created in the state treasury. If	11388
the ~~chief~~director finds it to be in the best interests of the	11389
state to construct projects as set forth in this section by the	11390
state itself, without the financial contribution of counties,	11391
townships, municipal corporations, park boards, or conservancy	11392
districts, the ~~chief~~director may construct the projects.	11393

In deciding whether to assist a county or municipal	11394
corporation in constructing and maintaining a project under this	11395
section, the state, acting through the ~~chief~~director, shall	11396
consider, among other factors, whether the county or municipal	11397
corporation has adopted or is in the process of adopting a Lake	11398
Erie coastal erosion area resolution or ordinance under division	11399
(D) of section 1506.07 of the Revised Code.	11400

All projects constructed by the state in conformity with	11401
sections ~~1521.20~~1506.38 to ~~1521.28~~1506.46 of the Revised Code	11402
shall be constructed subject to sections 153.01 to 153.20 of the	11403
Revised Code, except that the state architect and engineer is not	11404
required to prepare the plans and specifications for those	11405
projects.	11406

~~Sec. 1521.25.~~ Sec. 1506.43. The ~~chief~~director of ~~the division of~~	11407
~~water~~natural resources may enter into a contract with any county,	11408
township, municipal corporation, conservancy district, or park	11409
board that has an agreement with the state in accordance with	11410
section ~~1521.24~~1506.42 of the Revised Code for the construction	11411
of a shore erosion project. No contract shall be let until all	11412
money that is to be paid by the political subdivision entering	11413
into the agreement has been deposited in the shore erosion fund	11414
created in that section ~~1521.24 of the Revised Code, and no~~	11415
~~contract shall be valid until approved by the director of natural~~	11416
~~resources~~.	11417

~~Sec. 1521.26.~~ Sec. 1506.44. (A) A board of county commissioners	11418
may use a loan obtained under division (C) of this section to	11419
provide financial assistance to any person who owns real property	11420
in a coastal erosion area~~, as defined in section 1506.01 of the~~	11421
~~Revised Code,~~ and who has received a permit under section ~~1521.22~~	11422
1506.40 of the Revised Code to construct an erosion control	11423
structure in that coastal erosion area. The board shall enter into	11424
an agreement with the person that complies with all of the	11425
following requirements:	11426

(1) The agreement shall identify the person's real property	11427
for which the erosion control structure is being constructed and	11428
shall include a legal description of that property and a reference	11429
to the volume and page of the deed record in which the title of	11430
that person to that property is recorded.	11431

(2) In accordance with rules adopted by the Ohio water	11432
development authority under division (V) of section 6121.04 of the	11433
Revised Code for the purposes of division (C) of this section and	11434
pursuant to an agreement between the board and the authority under	11435
that division, the board shall agree to cause payments to be made	11436
by the authority to the contractor hired by the person to	11437
construct an erosion control structure in amounts not to exceed	11438
the total amount specified in the agreement between the board and	11439
the person.	11440

(3) The person shall agree to pay to the board, or to the	11441
authority as the assignee pursuant to division (C) of this	11442
section, the total amount of the payments plus administrative or	11443
other costs of the board or the authority at times, in	11444
installments, and bearing interest as specified in the agreement.	11445

The agreement may contain additional provisions that the	11446
board determines necessary to safeguard the interests of the	11447
county or to comply with an agreement entered into under division	11448
(C) of this section.	11449

(B) Upon entering into an agreement under division (A) of	11450
this section, the board shall do all of the following:	11451

(1) Cause the agreement to be recorded in the county deed	11452
records in the office of the county recorder of the county in	11453
which the real property is situated. Failure to record the	11454
agreement does not affect the validity of the agreement or the	11455
collection of any amounts due under the agreement.	11456

(2) Establish by resolution an erosion control repayment fund	11457
into which shall be deposited all amounts collected under division	11458
(B)(3) of this section. Moneys in that fund shall be used by the	11459
board for the repayment of the loan and for administrative or	11460
other costs of the board or the authority as specified in an	11461
agreement entered into under division (C) of this section. If the	11462
amount of money in the fund is inadequate to repay the loan when	11463
due, the board of county commissioners, by resolution, may advance	11464
money from any other fund in order to repay the loan if that use	11465
of the money from the other fund is not in conflict with law. If	11466
the board so advances money in order to repay the loan, the board	11467
subsequently shall reimburse each fund from which the board	11468
advances money with moneys from the erosion control repayment	11469
fund.	11470

(3) Bill and collect all amounts when due under the agreement	11471
entered into under division (A) of this section. The board shall	11472
certify amounts not paid when due to the county auditor, who shall	11473
enter the amounts on the real property tax list and duplicate	11474
against the property identified under division (A)(1) of this	11475
section. The amounts not paid when due shall be a lien on that	11476
property from the date on which the amounts are placed on the tax	11477
list and duplicate and shall be collected in the same manner as	11478
other taxes.	11479

(C) A board may apply to the authority for a loan for the	11480
purpose of entering into agreements under division (A) of this	11481
section. The loan shall be for an amount and on the terms	11482
established in an agreement between the board and the authority.	11483
The board may assign any agreements entered into under division	11484
(A) of this section to the authority in order to provide for the	11485
repayment of the loan and may pledge any lawfully available	11486
revenues to the repayment of the loan, provided that no moneys	11487
raised by taxation shall be obligated or pledged by the board for	11488
the repayment of the loan. Any agreement with the authority	11489
pursuant to this division is not subject to Chapter 133. of the	11490
Revised Code or any requirements or limitations established in	11491
that chapter.	11492

(D) The authority, as assignee of any agreement pursuant to	11493
division (C) of this section, may enforce and compel the board and	11494
the county auditor by mandamus pursuant to Chapter 2731. of the	11495
Revised Code to comply with division (B) of this section in a	11496
timely manner.	11497

(E) The construction of an erosion control structure by a	11498
contractor hired by an individual homeowner, group of individual	11499
homeowners, or homeowners association that enters into an	11500
agreement with a board under division (A) of this section is not a	11501
public improvement, as defined in section 4115.03 of the Revised	11502
Code, and is not subject to competitive bidding or public bond	11503
laws.	11504

~~Sec. 1521.27.~~ Sec. 1506.45. The state, or any county, township,	11505
municipal corporation, conservancy district, or park board that	11506
has entered into a contract under section ~~1521.25~~1506.43 of the	11507
Revised Code, may acquire lands by gift or devise, purchase, or	11508
appropriation. In case of appropriation, the proceedings shall be	11509
instituted in the name of the state or the political subdivision	11510
and shall be conducted in the manner provided for the	11511
appropriation of private property by the state or the political	11512
subdivision insofar as those proceedings are applicable. Either	11513
the fee or any lesser interest may be acquired as the state or the	11514
political subdivision considers advisable.	11515

~~Sec. 1521.28.~~ Sec. 1506.46. Any action taken by the ~~chief~~director	11516
of ~~the division of water~~natural resources under sections ~~1521.20~~	11517
1506.38 to ~~1521.30~~1506.48 of the Revised Code shall not be deemed	11518
in conflict with certain powers and duties conferred upon and	11519
delegated to federal agencies and to municipal corporations under	11520
Section 7 of Article XVIII, Ohio Constitution, or as provided by	11521
sections 721.04 to 721.11 of the Revised Code.	11522

~~Sec. 1521.29.~~ Sec. 1506.47. The ~~chief~~director of ~~the division of~~	11523
~~water~~natural resources, in cooperation with appropriate offices	11524
and divisions, including the division of geological survey, may	11525
prepare a plan for the management of shore erosion in the state	11526
along Lake Erie, its bays, and associated inlets, revise the plan	11527
whenever it can be made more effective, and make the plan	11528
available for public inspection. In the preparation of the plan,	11529
the ~~chief~~director may employ such existing plans as are	11530
available.	11531

The ~~chief~~director also may establish a program to provide	11532
technical assistance on shore erosion control measures to	11533
municipal corporations, counties, townships, conservancy	11534
districts, park boards, and shoreline property owners.	11535

~~Sec. 1521.30.~~ Sec. 1506.48. Upon application of any owner of real	11536
property damaged or destroyed by shore erosion, the county auditor	11537
of the county in which the real property is situated shall cause a	11538
reappraisal to be made and shall place the property on the tax	11539
list at its true value in money.	11540

Whenever the county auditor finds that ninety per cent or	11541
more of the area of any littoral parcel of land appearing upon the	11542
tax duplicate has been eroded and lies within the natural	11543
boundaries of Lake Erie and that the remainder of the parcel, if	11544
any, has no taxable value, the auditor may certify that finding to	11545
the county board of revision. Upon consideration thereof, the	11546
board may authorize removal of the parcel from the tax duplicate	11547
and cancellation of all current and delinquent taxes, assessments,	11548
interest, and penalties charged against the parcel.	11549

Sec. 1506.99. (A) Whoever violates division (A) of section	11550
1506.09 of the Revised Code shall be fined not less than one	11551
hundred nor more than five hundred dollars for each offense.	11552

(B) Whoever violates division (K) of section 1506.32 of the	11553
Revised Code is guilty of a misdemeanor of the third degree.	11554

(C) Whoever violates sections 1506.38 to 1506.48 of the	11555
Revised Code shall be fined not less than one hundred dollars nor	11556
more than five hundred dollars for each offense. Each day of	11557
violation constitutes a separate offense.	11558

Sec. 1513.08. (A) After a coal mining and reclamation permit	11559
application has been approved, ~~but before the permit is issued,~~	11560
the applicant shall file with the chief of the division of mineral	11561
resources management, on a form prescribed and furnished by the	11562
chief, the performance security required under this section.	11563

(B) Using the information contained in the permit	11564
application; the requirements contained in the approved permit and	11565
reclamation plan; and, after considering the topography, geology,	11566
hydrology, and revegetation potential of the area of the approved	11567
permit, the probable difficulty of reclamation; the chief shall	11568
determine the estimated cost of reclamation under the initial term	11569
of the permit if the reclamation has to be performed by the	11570
division of mineral resources management in the event of	11571
forfeiture of the performance security by the applicant. The chief	11572
shall send written notice of the amount of the estimated cost of	11573
reclamation by certified mail to the applicant. The applicant	11574
shall send written notice to the chief indicating the method by	11575
which the applicant will provide the performance security pursuant	11576
to division (C) of this section.	11577

(C) The applicant shall provide the performance security in	11578
an amount using one of the following:	11579

(1) If the applicant elects to provide performance security	11580
without reliance on the reclamation forfeiture fund created in	11581
section 1513.18 of the Revised Code, the amount of the estimated	11582
cost of reclamation as determined by the chief under division (B)	11583
of this section for the increments of land on which the operator	11584
will conduct a coal mining and reclamation operation under the	11585
initial term of the permit as indicated in the application;	11586

(2) If the applicant elects to provide performance security	11587
together with reliance on the reclamation forfeiture fund through	11588
payment of the additional tax on the severance of coal that is	11589
levied under division (A)(8) of section 5749.02 of the Revised	11590
Code, an amount of twenty-five hundred dollars per acre of land on	11591
which the operator will conduct coal mining and reclamation under	11592
the initial term of the permit as indicated in the application.	11593
However, in order for an applicant to be eligible to provide	11594
performance security in accordance with division (C)(2) of this	11595
section, anthe applicant or owner and controller of the applicant	11596
shall have held a permit issued under this chapter for any coal	11597
mining and reclamation operation for a period of not less than	11598
five years. In the event of forfeiture of performance security	11599
that was provided in accordance with division (C)(2) of this	11600
section, the difference between the amount of that performance	11601
security and the estimated cost of reclamation as determined by	11602
the chief under division (B) of this section shall be obtained	11603
from money in the reclamation forfeiture fund as needed to	11604
complete the reclamation.	11605

The performance security provided under division (C) of this	11606
section for the entire area to be mined under one permit issued	11607
under this chapter shall not be less than ten thousand dollars.	11608

The performance security shall cover areas of land affected	11609
by mining within or immediately adjacent to the permitted area, so	11610
long as the total number of acres does not exceed the number of	11611
acres for which the performance security is provided. However, the	11612
authority for the performance security to cover areas of land	11613
immediately adjacent to the permitted area does not authorize a	11614
permittee to mine areas outside an approved permit area. As	11615
succeeding increments of coal mining and reclamation operations	11616
are to be initiated and conducted within the permit area, the	11617
permittee shall file with the chief additional performance	11618
security to cover the increments in accordance with this section.	11619
If a permittee intends to mine areas outside the approved permit	11620
area, the permittee shall provide additional performance security	11621
in accordance with this section to cover the areas to be mined.	11622

An applicant shall provide performance security in accordance	11623
with division (C)(1) of this section in the full amount of the	11624
estimated cost of reclamation as determined by the chief for a	11625
permitted coal preparation plant or coal refuse disposal area that	11626
is not located within a permitted area of a mine. A permittee	11627
shall provide the performance security not later than one year	11628
after ~~the effective date of this amendment~~April 6, 2007, for a	11629
permitted coal preparation plant or coal refuse disposal area that	11630
is in existence on ~~the effective date of this amendment~~April 6,	11631
2007, and that is not located within a permitted area of a mine.	11632

(D) A permittee's liability under the performance security	11633
shall be limited to the obligations established under the permit,	11634
which include completion of the reclamation plan in order to make	11635
the land capable of supporting the postmining land use that was	11636
approved in the permit. The period of liability under the	11637
performance security shall be for the duration of the coal mining	11638
and reclamation operation and for a period coincident with the	11639
operator's responsibility for revegetation requirements under	11640
section 1513.16 of the Revised Code.	11641

(E) The amount of the estimated cost of reclamation	11642
determined under division (B) of this section and the amount of a	11643
permittee's performance security provided in accordance with	11644
division (C)(1) of this section may be adjusted by the chief as	11645
the land that is affected by mining increases or decreases or if	11646
the cost of reclamation increases or decreases. If the performance	11647
security was provided in accordance with division (C)(2) of this	11648
section and the chief has issued a cessation order under division	11649
(D)(2) of section 1513.02 of the Revised Code for failure to abate	11650
a violation of the contemporaneous reclamation requirement under	11651
division (A)(15) of section 1513.16 of the Revised Code, the chief	11652
may require the permittee to increase the amount of performance	11653
security from twenty-five hundred dollars per acre of land to five	11654
thousand dollars per acre of land.	11655

The chief shall notify the permittee, each surety, and any	11656
person who has a property interest in the performance security and	11657
who has requested to be notified of any proposed adjustment to the	11658
performance security. The permittee may request an informal	11659
conference with the chief concerning the proposed adjustment, and	11660
the chief shall provide such an informal conference.	11661

If the chief increases the amount of performance security	11662
under this division, the permittee shall provide additional	11663
performance security in an amount determined by the chief. If the	11664
chief decreases the amount of performance security under this	11665
division, the chief shall determine the amount of the reduction of	11666
the performance security and send written notice of the amount of	11667
reduction to the permittee. The permittee may reduce the amount of	11668
the performance security in the amount determined by the chief.	11669

(F) A permittee may request a reduction in the amount of the	11670
performance security by submitting to the chief documentation	11671
proving that the amount of the performance security provided by	11672
the permittee exceeds the estimated cost of reclamation if the	11673
reclamation would have to be performed by the division in the	11674
event of forfeiture of the performance security. The chief shall	11675
examine the documentation and determine whether the permittee's	11676
performance security exceeds the estimated cost of reclamation. If	11677
the chief determines that the performance security exceeds that	11678
estimated cost, the chief shall determine the amount of the	11679
reduction of the performance security and send written notice of	11680
the amount to the permittee. The permittee may reduce the amount	11681
of the performance security in the amount determined by the chief.	11682
Adjustments in the amount of performance security under this	11683
division shall not be considered release of performance security	11684
and are not subject to section 1513.16 of the Revised Code.	11685

(G) If the performance security is a bond, it shall be	11686
executed by the operator and a corporate surety licensed to do	11687
business in this state. If the performance security is a cash	11688
deposit or negotiable certificates of deposit of a bank or savings	11689
and loan association, the bank or savings and loan association	11690
shall be licensed and operating in this state. The cash deposit or	11691
market value of the securities shall be equal to or greater than	11692
the amount of the performance security required under this	11693
section. The chief shall review any documents pertaining to the	11694
performance security and approve or disapprove the documents. The	11695
chief shall notify the applicant of the chief's determination.	11696

(H) If the performance security is a bond, the chief may	11697
accept the bond of the applicant itself without separate surety	11698
when the applicant demonstrates to the satisfaction of the chief	11699
the existence of a suitable agent to receive service of process	11700
and a history of financial solvency and continuous operation	11701
sufficient for authorization to self-insure or bond the amount.	11702

(I) Performance security provided under this section may be	11703
held in trust, provided that the state is the conditional	11704
beneficiary of the trust and the custodian of the performance	11705
security held in trust is a bank, trust company, or other	11706
financial institution that is licensed and operating in this	11707
state. The chief shall review the trust document and approve or	11708
disapprove the document. The chief shall notify the applicant of	11709
the chief's determination.	11710

(J) If a surety, bank, savings and loan association, trust	11711
company, or other financial institution that holds the performance	11712
security required under this section becomes insolvent, the	11713
permittee shall notify the chief of the insolvency, and the chief	11714
shall order the permittee to submit a plan for replacement	11715
performance security within thirty days after receipt of notice	11716
from the chief. If the permittee provided performance security in	11717
accordance with division (C)(1) of this section, the permittee	11718
shall provide the replacement performance security within ninety	11719
days after receipt of notice from the chief. If the permittee	11720
provided performance security in accordance with division (C)(2)	11721
of this section, the permittee shall provide the replacement	11722
performance security within one year after receipt of notice from	11723
the chief, and, for a period of one year after the permittee's	11724
receipt of notice from the chief or until the permittee provides	11725
the replacement performance security, whichever occurs first,	11726
money in the reclamation forfeiture fund shall be the permittee's	11727
replacement performance security in an amount not to exceed the	11728
estimated cost of reclamation as determined by the chief.	11729

(K) A permittee's responsibility for repairing material	11730
damage and replacement of water supply resulting from subsidence	11731
may be satisfied by liability insurance required under this	11732
chapter in lieu of the permittee's performance security if the	11733
liability insurance policy contains terms and conditions that	11734
specifically provide coverage for repairing material damage and	11735
replacement of water supply resulting from subsidence.	11736

(L) If the performance security provided in accordance with	11737
this section exceeds the estimated cost of reclamation, the chief	11738
may authorize the amount of the performance security that exceeds	11739
the estimated cost of reclamation together with any interest or	11740
other earnings on the performance security to be paid to the	11741
permittee.	11742

(M) A permittee that held a valid coal mining and reclamation	11743
permit immediately prior to April 6, 2007, shall provide, not	11744
later than a date established by the chief, performance security	11745
in accordance with division (C)(1) or (2) of this section, rather	11746
than in accordance with the law as it existed prior to that date,	11747
by filing it with the chief on a form that the chief prescribes	11748
and furnishes. Accordingly, for purposes of this section,	11749
"applicant" is deemed to include such a permittee.	11750

(N) As used in this section, "owner and controller of the	11751
applicant" means a person that has any relationship with the	11752
applicant that gives the person authority to determine directly or	11753
indirectly the manner in which the applicant conducts coal mining	11754
operations.	11755

Sec. 1513.18. (A) All money that becomes the property of the	11756
state under division (G) of section 1513.16 of the Revised Code	11757
shall be deposited in the reclamation forfeiture fund, which is	11758
hereby created in the state treasury. Disbursements from the fund	11759
shall be made by the chief of the division of mineral resources	11760
management for the purpose of reclaiming areas of land affected by	11761
coal mining under a coal mining and reclamation permit issued on	11762
or after September 1, 1981, on which an operator has defaulted.	11763

(B) The fund also shall consist of all money from the	11764
collection of liens under section 1513.081 of the Revised Code,	11765
any moneys transferred to it under section 1513.181 of the Revised	11766
Code from the coal mining and reclamation reserve fund created in	11767
that section, fines collected under division (E) of section	11768
1513.02 and section 1513.99 of the Revised Code, fines collected	11769
for a violation of section 2921.31 of the Revised Code that, prior	11770
to July 1, 1996, would have been a violation of division (G) of	11771
section 1513.17 of the Revised Code as it existed prior to that	11772
date, and moneys collected and credited to it pursuant to section	11773
5749.02 of the Revised Code. Disbursements from the fund shall be	11774
made by the chief in accordance with division (D) of this section	11775
for the purpose of reclaiming areas that an operator has affected	11776
by mining and failed to reclaim under a coal mining and	11777
reclamation permit issued under this chapter or under a surface	11778
mining permit issued under Chapter 1514. of the Revised Code.	11779

The chief may expend moneys from the fund to pay necessary	11780
administrative costs, including engineering and design services,	11781
incurred by the division of mineral resources management in	11782
reclaiming these areas. The chief also may expend moneys from the	11783
fund to pay necessary administrative costs of the reclamation	11784
forfeiture fund advisory board created in section 1513.182 of the	11785
Revised Code as authorized by the board under that section.	11786
Expenditures from the fund to pay such administrative costs need	11787
not be made under contract.	11788

(C) Except when paying necessary administrative costs	11789
authorized by division (B) of this section, expenditures from the	11790
fund shall be made under contracts entered into by the chief, with	11791
the approval of the director of natural resources, in accordance	11792
with procedures established by the chief, by rules adopted in	11793
accordance with section 1513.02 of the Revised Code. The chief	11794
may reclaim the land in the same manner as set forth in sections	11795
1513.21 to 1513.24 of the Revised Code. Each contract awarded by	11796
the chief shall be awarded to the lowest responsive and	11797
responsible bidder, in accordance with section 9.312 of the	11798
Revised Code, after sealed bids are received, opened, and	11799
published at the time and place fixed by the chief. The chief	11800
shall publish notice of the time and place at which bids will be	11801
received, opened, and published, at least once and at least ten	11802
days before the date of the opening of the bids, in a newspaper of	11803
general circulation in the county in which the area of land to be	11804
reclaimed under the contract is located. If, after advertising, no	11805
bids are received at the time and place fixed for receiving them,	11806
the chief may advertise again for bids, or, if the chief considers	11807
the public interest will best be served, the chief may enter into	11808
a contract for the reclamation of the area of land without further	11809
advertisement for bids. The chief may reject any or all bids	11810
received and again publish notice of the time and place at which	11811
bids for contracts will be received, opened, and published. The	11812
chief, with the approval of the director, may enter into a	11813
contract with the landowner, a coal mine operator or surface mine	11814
operator mining under a current, valid permit issued under this	11815
chapter or Chapter 1514. of the Revised Code, or a contractor	11816
hired by the surety or trustee, if the performance security is	11817
held in trust, to complete reclamation to carry out reclamation on	11818
land affected by coal mining on which an operator has defaulted	11819
without advertising for bids.	11820

(D)(1) The chief shall expend money credited to the	11821
reclamation forfeiture fund from the forfeiture of the performance	11822
security applicable to an area of land to pay for the cost of the	11823
reclamation of the land.	11824

(2) If the performance security for the area of land was	11825
provided under division (C)(1) of section 1513.08 of the Revised	11826
Code, the chief shall use the money from the forfeited performance	11827
security to complete the reclamation that the operator failed to	11828
do under the operator's applicable coal mining and reclamation	11829
permit issued under this chapter.	11830

(3) If the performance security for the area of land was	11831
provided under division (C)(2) of section 1513.08 of the Revised	11832
Code, the chief shall use the money from the forfeited performance	11833
security to complete the reclamation that the operator failed to	11834
do under the operator's applicable coal mining and reclamation	11835
permit issued under this chapter. If the money credited to the	11836
reclamation forfeiture fund from the forfeiture of the performance	11837
security provided under division (C)(2) of section 1513.08 of the	11838
Revised Code is not sufficient to complete the reclamation, the	11839
chief shall notify the reclamation forfeiture fund advisory board	11840
of the amount of the insufficiency. The chief may expend money	11841
credited to the reclamation forfeiture fund under section 5749.02	11842
of the Revised Code or transferred to the fund under section	11843
1513.181 of the Revised Code to complete the reclamation. The	11844
chief shall not expend money from the fund in an amount that	11845
exceeds the difference between the amount of the performance	11846
security provided under division (C)(2) of section 1513.08 of the	11847
Revised Code and the estimated cost of reclamation as determined	11848
by the chief under divisions (B) and (E) of that section.	11849

(4) Money from the reclamation forfeiture fund shall not be	11850
used for reclamation of land or water resources affected by	11851
material damage from subsidence,or mine drainage that requires	11852
extended water treatment after reclamation is completed under the	11853
terms of the permit~~, or coal preparation plants or coal refuse~~	11854
~~disposal areas not located within a permitted area of a mine if~~	11855
~~performance security for the area of land was provided under~~	11856
~~division (C)(2) of section 1513.08 of the Revised Code~~. In	11857
addition, money from the reclamation forfeiture fund shall not be	11858
used to supplement the performance security of an applicant or	11859
permittee that has provided performance security in accordance	11860
with division (C)(1) of section 1513.08 of the Revised Code.	11861

(E) The chief shall keep a detailed accounting of the	11862
expenditures from the reclamation forfeiture fund to complete	11863
reclamation of the land and, upon completion of the reclamation,	11864
shall certify the expenditures to the attorney general. Upon the	11865
chief's certification of the expenditures from the reclamation	11866
forfeiture fund, the attorney general shall bring an action for	11867
that amount of money. The operator is liable for that expense in	11868
addition to any other liabilities imposed by law. Moneys so	11869
recovered shall be credited to the reclamation forfeiture fund.	11870
The chief shall not postpone the reclamation because of any action	11871
brought by the attorney general under this division. Prior to	11872
completing reclamation, the chief may collect through the attorney	11873
general any additional amount that the chief believes will be	11874
necessary for reclamation in excess of the forfeited performance	11875
security amount applicable to the land that the operator should	11876
have, but failed to, reclaim.	11877

(F) Except as otherwise provided in division (H) of this	11878
section, if any part of the moneys in the reclamation forfeiture	11879
fund remains in the fund after the chief has caused the area of	11880
land to be reclaimed and has paid all the reclamation costs and	11881
expenses, the chief may expend those moneys to complete other	11882
reclamation work performed under this section on forfeiture areas	11883
affected under a coal mining and reclamation permit issued on or	11884
after September 1, 1981.	11885

(G) The chief shall require every contractor performing	11886
reclamation work pursuant to this section to pay workers at the	11887
greater of their regular rate of pay, as established by contract,	11888
agreement, or prior custom or practice, or the average wage rate	11889
paid in this state for the same or similar work as determined by	11890
the chief under section 1513.02 of the Revised Code.	11891

(H) All investment earnings of the fund shall be credited to	11892
the fund and shall be used only for the reclamation of land for	11893
which performance security was provided under division (C)(2) of	11894
section 1513.08 of the Revised Code.	11895

Sec. 1514.081. (A) As used in this section:

11896

(1) "Lime mining wastes" means residual solid or semisolid	11897
materials generated from lime ~~or limestone mining and processing~~	11898
calcining, lime processing, or lime manufacturing operations,	11899
including, without limitation, lime kiln dust, scrubber sludge	11900
from lime kiln operations, lime ~~or limestone~~ materials not meeting	11901
product specification, lime hydrating materials, and other lime or	11902
~~limestone mining~~manufacturing, processing, or calcining materials	11903
associated with lime ~~or limestone mining or~~ processing. "Lime	11904
mining wastes" does not include materials generated from the	11905
manufacture of cement.	11906

(2) "Beneficial use" means the use of lime mining wastes	11907
~~within a lime mining and reclamation area~~ for land application	11908
when it is utilized for agronomic purposes at standard agronomic	11909
rates as determined by standard soil testing, for land reclamation	11910
in accordance with this chapter and rules adopted under it,	11911
including, but not limited to, use as fill material, as defined by	11912
rule, in quarries, and for any other purposes designated by the	11913
chief of the division of mineral resources management, including	11914
demonstration projects approved by the chief.	11915

(3) "Solid waste disposal facility" means a facility for the	11916
disposal of solid wastes that is licensed under Chapter 3734. of	11917
the Revised Code.	11918

(4) "Disposal system" has the same meaning as in section	11919
6111.01 of the Revised Code.	11920

(B) Not later than two hundred seventy days after ~~the~~	11921
~~effective date of this section~~October 8, 2001, the chief shall	11922
adopt and may amend, suspend, or rescind rules in accordance with	11923
Chapter 119. of the Revised Code establishing standards and	11924
requirements for both of the following:	11925

(1) The beneficial use of lime mining wastes, including the	11926
beneficial use of lime mining wastes at lime mining and	11927
reclamation operations governed by this chapter;	11928

(2) The monitoring of ground water associated with the	11929
beneficial use of lime mining wastes and the taking of corrective	11930
action in the event of a subsurface discharge of leachate from the	11931
beneficial use of lime mining wastes or of contamination of ground	11932
water resulting from the beneficial use of lime mining wastes, in	11933
order to protect human health and environment.	11934

The beneficial use of lime mining wastes is subject to any	11935
applicable standards and requirements established under this	11936
chapter and rules adopted under it. Until such time as the chief	11937
adopts rules under this section, the beneficial use of lime mining	11938
wastes shall require the prior written approval of the chief in a	11939
surface mining permit issued under this chapter.	11940

(C) The beneficial use of lime mining wastes does not	11941
constitute establishing a solid waste disposal facility or a	11942
disposal system. A beneficial use of lime mining wastes that is	11943
authorized under this section is not subject to any of the	11944
following:	11945

(1) Permit and license requirements for solid waste	11946
facilities established under sections 3734.02 and 3734.05 of the	11947
Revised Code;	11948

(2) The prohibition against open dumping of solid wastes	11949
established under section 3734.03 of the Revised Code;	11950

(3) Solid waste disposal and generation fees established	11951
under sections 3734.57 to 3734.574 of the Revised Code;	11952

(4) Permit to install and plan approval requirements and	11953
prohibitions established under sections 6111.03, 6111.04, 6111.44,	11954
and 6111.45 of the Revised Code.	11955

Nothing in this section shall be construed to limit any other	11956
requirements that are applicable to the beneficial use of lime	11957
mining wastes under Chapter 905., 3704., 3714., 3734., or 6111. of	11958
the Revised Code or any local or federal laws, including, without	11959
limitation, requirements governing air pollution control permits,	11960
hazardous waste installation and operation permits, national	11961
pollutant discharge elimination system permits, and section 401	11962
water quality certifications.	11963

Sec. 1514.40. In accordance with Chapter 119. of the Revised	11964
Code, the chief of the division of mineral resources management,	11965
in consultation with a statewide association that represents the	11966
surface mining industry, shall adopt rules that do all of the	11967
following:	11968

(A) For the purpose of establishing safety standards	11969
governing surface mining operations, incorporate by reference 30	11970
C.F.R. parts 46, 47, 50, 56, 58, and 62, as amended;	11971

(B) Establish criteria, standards, and procedures governing	11972
safety performance evaluations conducted under section 1514.45 of	11973
the Revised Code, including requirements for the notification of	11974
operators and the identification of authorized representatives of	11975
miners at surface mining operations for purposes of inspections	11976
conducted under sections ~~1541.41~~1514.41 to ~~1541.47~~1514.47 of the	11977
Revised Code;	11978

(C) Establish requirements governing the reporting and	11979
investigation of accidents at surface mining operations. In	11980
adopting the rules, the chief shall establish requirements that	11981
minimize duplication with any reporting and investigations of	11982
accidents that are conducted by the mine safety and health	11983
administration in the United States department of labor.	11984

(D) Establish the time, place, and frequency of mine safety	11985
training conducted under section 1514.06 of the Revised Code and a	11986
fee, if any, for the purpose of that section. The amount of the	11987
fee shall not exceed the costs of conducting the training that is	11988
required under that section.	11989

(E) Establish the minimum qualifications necessary to take	11990
the examination that is required for certification of certified	11991
mine forepersons under division (B) of section 1514.47 of the	11992
Revised Code and requirements, fees, and procedures governing the	11993
taking of the examination;	11994

(F) Establish requirements and fees governing the renewal of	11995
certificates under division (C) of that section;	11996

(G) Establish requirements and procedures for the approval of	11997
training plans submitted under division (E) of that section for	11998
the use of qualified persons to conduct examinations of surface	11999
mining operations in lieu of certified mine forepersons and	12000
minimum qualifications of those persons. The rules shall include	12001
requirements governing training frequency and curriculum that must	12002
be provided for qualified persons under such plans and shall	12003
establish related reporting and record keeping requirements.	12004

As used in sections 1514.41 to 1514.47 of the Revised Code,	12005
"rule" means a rule adopted under this section unless the context	12006
indicates otherwise.	12007

Sec. 1521.01. As used in sections 1521.01 to 1521.05,and	12008
1521.13 to 1521.18~~, and 1521.20 to 1521.30~~ of the Revised Code:	12009

(A) "Consumptive use," "diversion," "Lake Erie drainage	12010
basin," "other great lakes states and provinces," "water	12011
resources," and "waters of the state" have the same meanings as in	12012
section 1501.30 of the Revised Code.	12013

(B) "Well" means any excavation, regardless of design or	12014
method of construction, created for any of the following purposes:	12015

(1) Removing ground water from or recharging water into an	12016
aquifer, excluding subsurface drainage systems installed to	12017
enhance agricultural crop production or urban or suburban	12018
landscape management or to control seepage in dams, dikes, and	12019
levees;	12020

(2) Determining the quantity, quality, level, or movement of	12021
ground water in or the stratigraphy of an aquifer, excluding	12022
borings for instrumentation in dams, dikes, levees, or highway	12023
embankments;	12024

(3) Removing or exchanging heat from ground water, excluding	12025
horizontal trenches that are installed for water source heat pump	12026
systems.	12027

(C) "Aquifer" means a consolidated or unconsolidated geologic	12028
formation or series of formations that are hydraulically	12029
interconnected and that have the ability to receive, store, or	12030
transmit water.	12031

(D) "Ground water" means all water occurring in an aquifer.

12032

(E) "Ground water stress area" means a definable geographic	12033
area in which ground water quantity is being affected by human	12034
activity or natural forces to the extent that continuous	12035
availability of supply is jeopardized by withdrawals.	12036

(F) "Person" has the same meaning as in section 1.59 of the	12037
Revised Code and also includes the United States, the state, any	12038
political subdivision of the state, and any department, division,	12039
board, commission, agency, or instrumentality of the United	12040
States, the state, or a political subdivision of the state.	12041

(G) "State agency" or "agency of the state" has the same	12042
meaning as "agency" in section 111.15 of the Revised Code.	12043

(H) "Development" means any artificial change to improved or	12044
unimproved real estate, including the construction of buildings	12045
and other structures, any substantial improvement of a structure,	12046
mining, dredging, filling, grading, paving, excavating, and	12047
drilling operations, and storage of equipment or materials.	12048

(I) "Floodplain" means the area adjoining any river, stream,	12049
watercourse, or lake that has been or may be covered by flood	12050
water.	12051

(J) "Floodplain management" means the implementation of an	12052
overall program of corrective and preventive measures for reducing	12053
flood damage, including the collection and dissemination of flood	12054
information, construction of flood control works, nonstructural	12055
flood damage reduction techniques, and adoption of rules,	12056
ordinances, or resolutions governing development in floodplains.	12057

(K) "One-hundred-year flood" means a flood having a one per	12058
cent chance of being equaled or exceeded in any given year.	12059

(L) "One-hundred-year floodplain" means that portion of a	12060
floodplain inundated by a one-hundred-year flood.	12061

(M) "Structure" means a walled and roofed building,	12062
including, without limitation, gas or liquid storage tanks, mobile	12063
homes, and manufactured homes.	12064

(N) "Substantial improvement" means any reconstruction,	12065
rehabilitation, addition, or other improvement of a structure, the	12066
cost of which equals or exceeds fifty per cent of the market value	12067
of the structure before the start of construction of the	12068
improvement. "Substantial improvement" includes repairs to	12069
structures that have incurred substantial damage regardless of the	12070
actual repair work performed. "Substantial improvement" does not	12071
include either of the following:	12072

(1) Any project for the improvement of a structure to correct	12073
existing violations of state or local health, sanitary, or safety	12074
code specifications that have been identified by the state or	12075
local code enforcement official having jurisdiction and that are	12076
the minimum necessary to ensure safe living conditions;	12077

(2) Any alteration of an historic structure designated or	12078
listed pursuant to federal or state law, provided that the	12079
alteration will not preclude the structure's continued listing or	12080
designation as an historic structure.	12081

(O) ~~"Shore structure" includes, but is not limited to:~~	12082
~~beaches; groins; revetments; bulkheads; seawalls; breakwaters;~~	12083
~~certain dikes designated by the chief of the division of water;~~	12084
~~piers; docks; jetties; wharves; marinas; boat ramps; any~~	12085
~~associated fill or debris used as part of the construction of~~	12086
~~shore structures that may affect shore erosion, wave action, or~~	12087
~~inundation; and fill or debris placed along or near the shore,~~	12088
~~including bluffs, banks, or beach ridges, for the purpose of~~	12089
~~stabilizing slopes.~~	12090

~~(P)~~ "Substantial damage" means damage of any origin that is	12091
sustained by a structure if the cost of restoring the structure to	12092
its condition prior to the damage would equal or exceed fifty per	12093
cent of the market value of the structure before the damage	12094
occurred.	12095

~~(Q)~~(P) "National flood insurance program" means the national	12096
flood insurance program established in the "National Flood	12097
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, as amended,	12098
and regulations adopted under it.	12099

~~(R)~~(Q) "Conservancy district" means a conservancy district	12100
established under Chapter 6101. of the Revised Code.	12101

~~(S) "Park board" means the board of park commissioners of a~~	12102
~~park district created under Chapter 1545. of the Revised Code.~~	12103

~~(T) "Erosion control structure" means anything that is~~	12104
~~designed primarily to reduce or control erosion of the shore along~~	12105
~~or near lake erie, including, but not limited to, revetments,~~	12106
~~seawalls, bulkheads, certain breakwaters designated by the chief,~~	12107
~~and similar structures. "Erosion control structure" does not~~	12108
~~include wharves, piers, docks, marinas, boat ramps, and other~~	12109
~~similar structures.~~	12110

Sec. 1521.99. (A) Whoever violates division (E)(1) of	12111
section 1521.05 or division (E)(1) of section 1521.16 of the	12112
Revised Code is guilty of a misdemeanor of the fourth degree.	12113

(B) Whoever violates section 1521.06 or 1521.062 of the	12114
Revised Code shall be fined not less than one hundred dollars nor	12115
more than one thousand dollars for each offense. Each day of	12116
violation constitutes a separate offense.	12117

~~(C) Whoever violates sections 1521.20 to 1521.30 of the~~	12118
~~Revised Code shall be fined not less than one hundred dollars nor~~	12119
~~more than one thousand dollars for each offense. Each day of~~	12120
~~violation constitutes a separate offense.~~	12121

Sec. 1531.06. (A) The chief of the division of wildlife,	12122
with the approval of the director of natural resources, may	12123
acquire by gift, lease, purchase, or otherwise lands or surface	12124
rights upon lands and waters or surface rights upon waters for	12125
wild animals, fish or game management, preservation, propagation,	12126
and protection, outdoor and nature activities, public fishing and	12127
hunting grounds, and flora and fauna preservation. The chief, with	12128
the approval of the director, may receive by grant, devise,	12129
bequest, donation, or assignment evidences of indebtedness, the	12130
proceeds of which are to be used for the purchase of such lands or	12131
surface rights upon lands and waters or surface rights upon	12132
waters.	12133

(B)(1) The chief shall adopt rules for the protection of	12134
state-owned or leased lands and waters and property under the	12135
control of the division of wildlife against wrongful use or	12136
occupancy that will ensure the carrying out of the intent of this	12137
section, protect those lands, waters, and property from	12138
depredations, and preserve them from molestation, spoilation,	12139
destruction, or any improper use or occupancy thereof, including	12140
rules with respect to recreational activities and for the	12141
government and use of such lands, waters, and property.	12142

(2) The chief may adopt rules benefiting wild animals, fish	12143
or game management, preservation, propagation, and protection,	12144
outdoor and nature activities, public fishing and hunting grounds,	12145
and flora and fauna preservation, and regulating the taking and	12146
possession of wild animals on any lands or waters owned or leased	12147
or under the division's supervision and control and, for a	12148
specified period of years, may prohibit or recall the taking and	12149
possession of any wild animal on any portion of such lands or	12150
waters. The division clearly shall define and mark the boundaries	12151
of the lands and waters owned or leased or under its supervision	12152
and control upon which the taking of any wild animal is	12153
prohibited.	12154

(C) The chief, with the approval of the director, may acquire	12155
by gift, lease, or purchase land for the purpose of establishing	12156
state fish hatcheries and game farms and may erect on it buildings	12157
or structures that are necessary.	12158

The title to or lease of such lands and waters shall be taken	12159
by the chief in the name of the state. The lease or purchase price	12160
of all such lands and waters may be paid from hunting and trapping	12161
and fishing licenses and any other funds.	12162

(D) To provide more public recreation, stream and lake	12163
agreements for public fishing only may be obtained under rules	12164
adopted by the chief.	12165

(E) The chief, with the approval of the director, may	12166
establish user fees for the use of special public facilities or	12167
participation in special activities on lands and waters	12168
administered by the division. The special facilities and	12169
activities may include hunting or fishing on special designated	12170
public lands and waters intensively managed or stocked with	12171
artificially propagated game birds or fish, field trial	12172
facilities, wildlife nature centers, firearm ranges, boat mooring	12173
facilities, camping sites, and other similar special facilities	12174
and activities. The chief shall determine whether the user fees	12175
are refundable and shall ensure that that information is provided	12176
at the time the user fees are paid.	12177

(F) The chief, with the approval of the director, may enter	12178
into lease agreements for rental of concessions or other special	12179
projects situated on state-owned or leased lands or waters or	12180
other property under the division's control. The chief shall set	12181
and collect the fees for concession rentals or other special	12182
projects; regulate through contracts between the division and	12183
concessionaires the sale of tangible objects at concessions or	12184
other special projects; and keep a record of all such fee payments	12185
showing the amount received, from whom received, and for what	12186
purpose the fee was collected.	12187

(G) The chief may sell or donate conservation-related items	12188
or items that promote wildlife conservation, including, but not	12189
limited to, stamps, pins, badges, books, bulletins, maps,	12190
publications, calendars, and any other educational article or	12191
artifact pertaining to wild animals; sell confiscated or forfeited	12192
items; and sell surplus structures and equipment, and timber or	12193
crops from lands owned, administered, leased, or controlled by the	12194
division. The chief, with the approval of the director, also may	12195
engage in campaigns and special events that promote wildlife	12196
conservation by selling or donating wildlife-related materials,	12197
memberships, and other items of promotional value.	12198

(H) The chief may sell, lease, or transfer minerals or	12199
mineral rights, with the approval of the director, when the chief	12200
and the director determine it to be in the best interest of the	12201
state. Upon approval of the director, the chief may make, execute,	12202
and deliver contracts, including leases, to mine, drill, or	12203
excavate iron ore, stone, coal, petroleum, gas, salt, and other	12204
minerals upon and under lands owned by the state and administered	12205
by the division to any person who complies with the terms of such	12206
a contract. No such contract shall be valid for more than fifty	12207
years from its effective date. Consideration for minerals and	12208
mineral rights shall be by rental or royalty basis as prescribed	12209
by the chief and payable as prescribed by contract. Moneys	12210
collected under this division shall be paid into the state	12211
treasury to the credit of the wildlife habitat fund created in	12212
section 1531.33 of the Revised Code. Contracts entered into under	12213
this division also may provide for consideration for minerals or	12214
mineral rights in the form of acquisition of lands as provided	12215
under divisions (A) and (C) of this section.	12216

(I) All moneys received under divisions (E), (F), and (G) of	12217
this section shall be paid into the state treasury to the credit	12218
of a fund that shall be used for the purposes outlined in section	12219
1533.15 of the Revised Code and for the management of other wild	12220
animals for their ecological and nonconsumptive recreational value	12221
or benefit.	12222

(J) The chief, with the approval of the director, may barter	12223
or sell wild animals to other states, state or federal agencies,	12224
and conservation or zoological organizations. Moneys received from	12225
the sale of wild animals shall be deposited into the wild animal	12226
fund created in section 1531.34 of the Revised Code.	12227

(K) The chief shall adopt rules establishing standards and	12228
guidelines for the administration of contraceptive chemicals to	12229
noncaptive wild animals. The rules may specify chemical delivery	12230
methods and devices and monitoring requirements.	12231

The chief shall establish criteria for the issuance of and	12232
shall issue permits for the administration of contraceptive	12233
chemicals to noncaptive wild animals. No person shall administer	12234
contraceptive chemicals to noncaptive wild animals without a	12235
permit issued by the chief.	12236

(L) All fees set by the chief under this section shall be	12237
approved by the wildlife council.	12238

(M) Information contained in the wildlife diversity database	12239
that is established pursuant to division (B)(2) of this section	12240
and section 1531.25 of the Revised Code may be made available to	12241
any individual or public or private agency for research,	12242
educational, environmental, land management, or other similar	12243
purposes that are not detrimental to the conservation of a species	12244
or feature. Information regarding sensitive site locations of	12245
species that are listed pursuant to section 1531.25 of the Revised	12246
Code and of features that are included in the wildlife diversity	12247
database is not subject to section 149.43 of the Revised Code if	12248
the chief determines that the release of the information could be	12249
detrimental to the conservation of a species or feature.	12250

Sec. 1531.35. The wildlife boater angler fund is hereby	12251
created in the state treasury. The fund shall consist of money	12252
credited to the fund pursuant to section 5735.051 of the Revised	12253
Code and other money contributed to the division of wildlife for	12254
the purposes of the fund. The fund shall be used for boating	12255
access construction, improvements, and maintenance, and to pay for	12256
equipment and personnel costs involved with those activities, on	12257
lakes on which the operation of gasoline-powered watercraft is	12258
permissible. However, not more than two hundred thousand dollars	12259
of the annual expenditures from the fund may be used to pay for	12260
the equipment and personnel costs.	12261

Sec. 1555.08. (A) Subject to the limitations provided in	12262
Section 15 of Article VIII, Ohio Constitution, the commissioners	12263
of the sinking fund, upon certification by the director of the	12264
Ohio coal development office of the amount of moneys or additional	12265
moneys needed in the coal research and development fund for the	12266
purpose of making grants or loans for allowable costs, or needed	12267
for capitalized interest, for funding reserves, and for paying	12268
costs and expenses incurred in connection with the issuance,	12269
carrying, securing, paying, redeeming, or retirement of the	12270
obligations or any obligations refunded thereby, including payment	12271
of costs and expenses relating to letters of credit, lines of	12272
credit, insurance, put agreements, standby purchase agreements,	12273
indexing, marketing, remarketing and administrative arrangements,	12274
interest swap or hedging agreements, and any other credit	12275
enhancement, liquidity, remarketing, renewal, or refunding	12276
arrangements, all of which are authorized by this section, or	12277
providing moneys for loan guarantees, shall issue obligations of	12278
the state under this section in amounts authorized by the general	12279
assembly; provided that such obligations may be issued to the	12280
extent necessary to satisfy the covenants in contracts of	12281
guarantee made under section 1555.05 of the Revised Code to issue	12282
obligations to meet such guarantees, notwithstanding limitations	12283
otherwise applicable to the issuance of obligations under this	12284
section except the one-hundred-million-dollar limitation provided	12285
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	12286
such obligations, except for the portion to be deposited in the	12287
coal research and development bond service fund as may be provided	12288
in the bond proceedings, shall as provided in the bond proceedings	12289
be deposited in the coal research and development fund. The	12290
commissioners of the sinking fund may appoint trustees, paying	12291
agents, and transfer agents and may retain the services of	12292
financial advisors, accounting experts, and attorneys, and retain	12293
or contract for the services of marketing, remarketing, indexing,	12294
and administrative agents, other consultants, and independent	12295
contractors, including printing services, as are necessary in	12296
their judgment to carry out this section.	12297

(B) The full faith and credit of the state of Ohio is hereby	12298
pledged to obligations issued under this section. The right of the	12299
holders and owners to payment of bond service charges is limited	12300
to all or that portion of the moneys pledged thereto pursuant to	12301
the bond proceedings in accordance with this section, and each	12302
such obligation shall bear on its face a statement to that effect.	12303

(C) Obligations shall be authorized by resolution of the	12304
commissioners of the sinking fund on request of the director of	12305
the Ohio coal development office as provided in section 1555.02 of	12306
the Revised Code and the bond proceedings shall provide for the	12307
purpose thereof and the principal amount or amounts, and shall	12308
provide for or authorize the manner or agency for determining the	12309
principal maturity or maturities, not exceeding forty years from	12310
the date of issuance, the interest rate or rates or the maximum	12311
interest rate, the date of the obligations and the dates of	12312
payment of interest thereon, their denomination, and the	12313
establishment within or without the state of a place or places of	12314
payment of bond service charges. Sections 9.98 to 9.983 of the	12315
Revised Code apply to obligations issued under this section. The	12316
purpose of such obligations may be stated in the bond proceedings	12317
in terms describing the general purpose or purposes to be served.	12318
The bond proceedings shall also provide, subject to the provisions	12319
of any other applicable bond proceedings, for the pledge of all,	12320
or such part as the commissioners of the sinking fund may	12321
determine, of the moneys credited to the coal research and	12322
development bond service fund to the payment of bond service	12323
charges, which pledges may be made either prior or subordinate to	12324
other expenses, claims, or payments and may be made to secure the	12325
obligations on a parity with obligations theretofore or thereafter	12326
issued, if and to the extent provided in the bond proceedings. The	12327
moneys so pledged and thereafter received by the state are	12328
immediately subject to the lien of such pledge without any	12329
physical delivery thereof or further act, and the lien of any such	12330
pledges is valid and binding against all parties having claims of	12331
any kind against the state or any governmental agency of the	12332
state, irrespective of whether such parties have notice thereof,	12333
and shall create a perfected security interest for all purposes of	12334
Chapter 1309. of the Revised Code, without the necessity for	12335
separation or delivery of funds or for the filing or recording of	12336
the bond proceedings by which such pledge is created or any	12337
certificate, statement or other document with respect thereto; and	12338
the pledge of such moneys is effective and the money therefrom and	12339
thereof may be applied to the purposes for which pledged without	12340
necessity for any act of appropriation. Every pledge, and every	12341
covenant and agreement made with respect thereto, made in the bond	12342
proceedings may therein be extended to the benefit of the owners	12343
and holders of obligations authorized by this section, and to any	12344
trustee therefor, for the further security of the payment of the	12345
bond service charges.	12346

(D) The bond proceedings may contain additional provisions as	12347
to:	12348

(1) The redemption of obligations prior to maturity at the	12349
option of the commissioners of the sinking fund at such price or	12350
prices and under such terms and conditions as are provided in the	12351
bond proceedings;	12352

(2) Other terms of the obligations;

12353

(3) Limitations on the issuance of additional obligations;

12354

(4) The terms of any trust agreement or indenture securing	12355
the obligations or under which the obligations may be issued;	12356

(5) The deposit, investment, and application of the coal	12357
research and development bond service fund, and the safeguarding	12358
of moneys on hand or on deposit, without regard to Chapter 131. or	12359
135. of the Revised Code, but subject to any special provisions of	12360
this chapter, with respect to particular moneys; provided, that	12361
any bank or trust company which acts as depository of any moneys	12362
in the fund may furnish such indemnifying bonds or may pledge such	12363
securities as required by the commissioners of the sinking fund;	12364

(6) Any other provision of the bond proceedings being binding	12365
upon the commissioners of the sinking fund, or such other body or	12366
person as may from time to time have the authority under law to	12367
take such actions as may be necessary to perform all or any part	12368
of the duty required by such provision;	12369

(7) Any provision which may be made in a trust agreement or	12370
indenture;	12371

(8) Any other or additional agreements with the holders of	12372
the obligations, or the trustee therefor, relating to the	12373
obligations or the security therefor, including the assignment of	12374
mortgages or other security obtained or to be obtained for loans	12375
under this chapter.	12376

(E) The obligations may have the great seal of the state or a	12377
facsimile thereof affixed thereto or printed thereon. The	12378
obligations shall be signed by such members of the commissioners	12379
of the sinking fund as are designated in the resolution	12380
authorizing the obligations or bear the facsimile signatures of	12381
such members. Any coupons attached to the obligations shall bear	12382
the facsimile signature of the treasurer of state. Any obligations	12383
may be executed by the persons who, on the date of execution, are	12384
the commissioners although on the date of such bonds the persons	12385
were not the commissioners. Any coupons may be executed by the	12386
person who, on the date of execution, is the treasurer of state	12387
although on the date of such coupons the person was not the	12388
treasurer of state. In case any officer or commissioner whose	12389
signature or a facsimile of whose signature appears on any such	12390
obligations or any coupons ceases to be such officer or	12391
commissioner before delivery thereof, such signature or facsimile	12392
is nevertheless valid and sufficient for all purposes as if the	12393
individual had remained such officer or commissioner until such	12394
delivery; and in case the seal to be affixed to obligations has	12395
been changed after a facsimile of the seal has been imprinted on	12396
such obligations, such facsimile seal shall continue to be	12397
sufficient as to such obligations and obligations issued in	12398
substitution or exchange therefor.	12399

(F) All obligations except loan guarantees are negotiable	12400
instruments and securities under Chapter 1308. of the Revised	12401
Code, subject to the provisions of the bond proceedings as to	12402
registration. The obligations may be issued in coupon or in	12403
registered form, or both, as the commissioners of the sinking fund	12404
determine. Provision may be made for the registration of any	12405
obligations with coupons attached thereto as to principal alone or	12406
as to both principal and interest, their exchange for obligations	12407
so registered, and for the conversion or reconversion into	12408
obligations with coupons attached thereto of any obligations	12409
registered as to both principal and interest, and for reasonable	12410
charges for such registration, exchange, conversion, and	12411
reconversion.	12412

(G) Obligations may be sold at public sale or at private	12413
sale, as determined in the bond proceedings.	12414

(H) Pending preparation of definitive obligations, the	12415
commissioners of the sinking fund may issue interim receipts or	12416
certificates which shall be exchanged for such definitive	12417
obligations.	12418

(I) In the discretion of the commissioners of the sinking	12419
fund, obligations may be secured additionally by a trust agreement	12420
or indenture between the commissioners and a corporate trustee,	12421
which may be any trust company or bank having ~~its principal~~a	12422
place of business within the state. Any such agreement or	12423
indenture may contain the resolution authorizing the issuance of	12424
the obligations, any provisions that may be contained in any bond	12425
proceedings, and other provisions that are customary or	12426
appropriate in an agreement or indenture of such type, including,	12427
but not limited to:	12428

(1) Maintenance of each pledge, trust agreement, indenture,	12429
or other instrument comprising part of the bond proceedings until	12430
the state has fully paid the bond service charges on the	12431
obligations secured thereby, or provision therefor has been made;	12432

(2) In the event of default in any payments required to be	12433
made by the bond proceedings, or any other agreement of the	12434
commissioners of the sinking fund made as a part of the contract	12435
under which the obligations were issued, enforcement of such	12436
payments or agreement by mandamus, the appointment of a receiver,	12437
suit in equity, action at law, or any combination of the	12438
foregoing;	12439

(3) The rights and remedies of the holders of obligations and	12440
of the trustee, and provisions for protecting and enforcing them,	12441
including limitations on rights of individual holders of	12442
obligations;	12443

(4) The replacement of any obligations that become mutilated	12444
or are destroyed, lost, or stolen;	12445

(5) Such other provisions as the trustee and the	12446
commissioners of the sinking fund agree upon, including	12447
limitations, conditions, or qualifications relating to any of the	12448
foregoing.	12449

(J) Any holder of obligations or a trustee under the bond	12450
proceedings, except to the extent that the holder's rights are	12451
restricted by the bond proceedings, may by any suitable form of	12452
legal proceedings protect and enforce any rights under the laws of	12453
this state or granted by such bond proceedings. Such rights	12454
include the right to compel the performance of all duties of the	12455
commissioners of the sinking fund, the Ohio air quality	12456
development authority, or the Ohio coal development office	12457
required by this chapter and Chapter 1551. of the Revised Code or	12458
the bond proceedings; to enjoin unlawful activities; and in the	12459
event of default with respect to the payment of any bond service	12460
charges on any obligations or in the performance of any covenant	12461
or agreement on the part of the commissioners, the authority, or	12462
the office in the bond proceedings, to apply to a court having	12463
jurisdiction of the cause to appoint a receiver to receive and	12464
administer the moneys pledged, other than those in the custody of	12465
the treasurer of state, that are pledged to the payment of the	12466
bond service charges on such obligations or that are the subject	12467
of the covenant or agreement, with full power to pay, and to	12468
provide for payment of bond service charges on, such obligations,	12469
and with such powers, subject to the direction of the court, as	12470
are accorded receivers in general equity cases, excluding any	12471
power to pledge additional revenues or receipts or other income or	12472
moneys of the commissioners of the sinking fund or the state or	12473
governmental agencies of the state to the payment of such	12474
principal and interest and excluding the power to take possession	12475
of, mortgage, or cause the sale or otherwise dispose of any	12476
project.	12477

Each duty of the commissioners of the sinking fund and their	12478
employees, and of each governmental agency and its officers,	12479
members, or employees, undertaken pursuant to the bond proceedings	12480
or any grant, loan, or loan guarantee agreement made under	12481
authority of this chapter, and in every agreement by or with the	12482
commissioners, is hereby established as a duty of the	12483
commissioners, and of each such officer, member, or employee	12484
having authority to perform such duty, specifically enjoined by	12485
the law resulting from an office, trust, or station within the	12486
meaning of section 2731.01 of the Revised Code.	12487

The persons who are at the time the commissioners of the	12488
sinking fund, or their employees, are not liable in their personal	12489
capacities on any obligations issued by the commissioners or any	12490
agreements of or with the commissioners.	12491

(K) Obligations issued under this section are lawful	12492
investments for banks, societies for savings, savings and loan	12493
associations, deposit guarantee associations, trust companies,	12494
trustees, fiduciaries, insurance companies, including domestic for	12495
life and domestic not for life, trustees or other officers having	12496
charge of sinking and bond retirement or other special funds of	12497
political subdivisions and taxing districts of this state, the	12498
commissioners of the sinking fund of the state, the administrator	12499
of workers' compensation, the state teachers retirement system,	12500
the public employees retirement system, the school employees	12501
retirement system, and the Ohio police and fire pension fund,	12502
notwithstanding any other provisions of the Revised Code or rules	12503
adopted pursuant thereto by any governmental agency of the state	12504
with respect to investments by them, and are also acceptable as	12505
security for the deposit of public moneys.	12506

(L) If the law or the instrument creating a trust pursuant to	12507
division (I) of this section expressly permits investment in	12508
direct obligations of the United States or an agency of the United	12509
States, unless expressly prohibited by the instrument, such moneys	12510
also may be invested in no-front-end-load money market mutual	12511
funds consisting exclusively of obligations of the United States	12512
or an agency of the United States and in repurchase agreements,	12513
including those issued by the fiduciary itself, secured by	12514
obligations of the United States or an agency of the United	12515
States; and in collective investment funds established in	12516
accordance with section 1111.14 of the Revised Code and consisting	12517
exclusively of any such securities, notwithstanding division	12518
(A)(1)(c) of that section. The income from such investments shall	12519
be credited to such funds as the commissioners of the sinking fund	12520
determine, and such investments may be sold at such times as the	12521
commissioners determine or authorize.	12522

(M) Provision may be made in the applicable bond proceedings	12523
for the establishment of separate accounts in the bond service	12524
fund and for the application of such accounts only to the	12525
specified bond service charges on obligations pertinent to such	12526
accounts and bond service fund and for other accounts therein	12527
within the general purposes of such fund. Moneys to the credit of	12528
the bond service fund shall be disbursed on the order of the	12529
treasurer of state; provided, that no such order is required for	12530
the payment from the bond service fund when due of bond service	12531
charges on obligations.	12532

(N) The commissioners of the sinking fund may pledge all, or	12533
such portion as they determine, of the receipts of the bond	12534
service fund to the payment of bond service charges on obligations	12535
issued under this section, and for the establishment and	12536
maintenance of any reserves, as provided in the bond proceedings,	12537
and make other provisions therein with respect to pledged receipts	12538
as authorized by this chapter, which provisions control	12539
notwithstanding any other provisions of law pertaining thereto.	12540

(O) The commissioners of the sinking fund may covenant in the	12541
bond proceedings, and any such covenants control notwithstanding	12542
any other provision of law, that the state and applicable officers	12543
and governmental agencies of the state, including the general	12544
assembly, so long as any obligations are outstanding, shall:	12545

(1) Maintain statutory authority for and cause to be levied	12546
and collected taxes so that the pledged receipts are sufficient in	12547
amount to meet bond service charges, and the establishment and	12548
maintenance of any reserves and other requirements provided for in	12549
the bond proceedings, and, as necessary, to meet covenants	12550
contained in any loan guarantees made under this chapter;	12551

(2) Take or permit no action, by statute or otherwise, that	12552
would impair the exemption from federal income taxation of the	12553
interest on the obligations.	12554

(P) All moneys received by or on account of the state and	12555
required by the applicable bond proceedings, consistent with this	12556
section, to be deposited, transferred, or credited to the coal	12557
research and development bond service fund, and all other moneys	12558
transferred or allocated to or received for the purposes of the	12559
fund, shall be credited to such fund and to any separate accounts	12560
therein, subject to applicable provisions of the bond proceedings,	12561
but without necessity for any act of appropriation. During the	12562
period beginning with the date of the first issuance of	12563
obligations and continuing during such time as any such	12564
obligations are outstanding, and so long as moneys in the bond	12565
service fund are insufficient to pay all bond service charges on	12566
such obligations becoming due in each year, a sufficient amount of	12567
moneys of the state are committed and shall be paid to the bond	12568
service fund in each year for the purpose of paying the bond	12569
service charges becoming due in that year without necessity for	12570
further act of appropriation for such purpose. The bond service	12571
fund is a trust fund and is hereby pledged to the payment of bond	12572
service charges to the extent provided in the applicable bond	12573
proceedings, and payment thereof from such fund shall be made or	12574
provided for by the treasurer of state in accordance with such	12575
bond proceedings without necessity for any act of appropriation.	12576
All investment earnings of the fund shall be credited to the fund.	12577

(Q) For purposes of establishing the limitations contained in	12578
Section 15 of Article VIII, Ohio Constitution, the "principal	12579
amount" refers to the aggregate of the offering price of the bonds	12580
or notes. "Principal amount" does not refer to the aggregate value	12581
at maturity or redemption of the bonds or notes.	12582

(R) This section applies only with respect to obligations	12583
issued and delivered prior to September 30, 2000.	12584

Sec. 1557.03. (A)(1) The commissioners of the sinking fund	12585
are authorized to issue and sell, as provided in this section and	12586
in amounts from time to time authorized by the general assembly,	12587
general obligations of this state for the purpose of financing or	12588
assisting in the financing of the costs of projects. The full	12589
faith and credit, revenues, and taxing power of the state are and	12590
shall be pledged to the timely payment of debt charges on	12591
outstanding obligations, all in accordance with Section 2l of	12592
Article VIII, Ohio Constitution, and Chapter 1557. of the Revised	12593
Code, excluding from that pledge fees, excises, or taxes relating	12594
to the registration, operation, or use of vehicles on the public	12595
highways, or to fuels used for propelling those vehicles, and so	12596
long as such obligations are outstanding there shall be levied and	12597
collected excises and taxes, excluding those excepted above, in	12598
amount sufficient to pay the debt charges on such obligations and	12599
financing costs relating to credit enhancement facilities.	12600

(2) For meetings of the commissioners of the sinking fund	12601
pertaining to the obligations under this chapter, each of the	12602
commissioners may designate an employee or officer of that	12603
commissioner's office to attend meetings when that commissioner is	12604
absent for any reason, and such designee, when present, shall be	12605
counted in determining whether a quorum is present at any meeting	12606
and may vote and participate in all proceedings and actions of the	12607
commissioners at that meeting pertaining to the obligations,	12608
provided, that such designee shall not execute or cause a	12609
facsimile of the designee's signature to be placed on any	12610
obligation, or execute any trust agreement or indenture of the	12611
commissioners. Such designation shall be in writing, executed by	12612
the designating member, and shall be filed with the secretary of	12613
the commissioners and such designation may be changed from time to	12614
time by a similar written designation.	12615

(B) The total principal amount of obligations outstanding at	12616
any one time shall not exceed two hundred million dollars, and not	12617
more than fifty million dollars in principal amount of obligations	12618
to pay costs of projects may be issued in any fiscal year, all	12619
determined as provided in Chapter 1557. of the Revised Code.	12620

(C) The state may participate by grants or contributions in	12621
financing projects under this section made by local government	12622
entities. Of the proceeds of the first two hundred million dollars	12623
principal amount in obligations issued under this section to pay	12624
costs of projects, at least twenty per cent shall be allocated in	12625
accordance with section 1557.06 of the Revised Code to grants or	12626
contributions to local government entities. The director of budget	12627
and management shall establish and maintain records in such manner	12628
as to show that the proceeds credited to the Ohio parks and	12629
natural resources fund have been expended for the purposes and in	12630
accordance with the limitations set forth herein.	12631

(D) Each issue of obligations shall be authorized by	12632
resolution of the commissioners of the sinking fund. The bond	12633
proceedings shall provide for the principal amount or maximum	12634
principal amount of obligations of an issue, and shall provide for	12635
or authorize the manner or agency for determining the principal	12636
maturity or maturities, not exceeding the earlier of twenty-five	12637
years from the date the debt represented by the particular	12638
obligations was originally contracted, the interest rate or rates,	12639
the date of and the dates of payment of interest on the	12640
obligations, their denominations, and the establishment within or	12641
without the state of a place or places of payment of debt charges.	12642
Sections 9.96 and 9.98 to 9.983 of the Revised Code are applicable	12643
to the obligations. The purpose of the obligations may be stated	12644
in the bond proceedings as "financing or assisting in the	12645
financing of projects as provided in Section 2l of Article VIII,	12646
Ohio Constitution."	12647

(E) The proceeds of the obligations, except for any portion	12648
to be deposited in special funds, or in escrow funds for the	12649
purpose of refunding outstanding obligations, all as may be	12650
provided in the bond proceedings, shall be deposited in the Ohio	12651
parks and natural resources fund established by section 1557.02 of	12652
the Revised Code.	12653

(F) The commissioners of the sinking fund may appoint paying	12654
agents, bond registrars, securities depositories, and transfer	12655
agents, and may retain the services of financial advisers and	12656
accounting experts, and retain or contract for the services of	12657
marketing, remarketing, indexing, and administrative agents, other	12658
consultants, and independent contractors, including printing	12659
services, as are necessary in the judgment of the commissioners to	12660
carry out this chapter of the Revised Code. Financing costs are	12661
payable, as provided in the bond proceedings, from the proceeds of	12662
the obligations, from special funds, or from other moneys	12663
available for the purpose.	12664

(G) The bond proceedings, including any trust agreement, may	12665
contain additional provisions customary or appropriate to the	12666
financing or to the obligations or to particular obligations,	12667
including, but not limited to:	12668

(1) The redemption of obligations prior to maturity at the	12669
option of the state or of the holder or upon the occurrence of	12670
certain conditions at such price or prices and under such terms	12671
and conditions as are provided in the bond proceedings;	12672

(2) The form of and other terms of the obligations;

12673

(3) The establishment, deposit, investment, and application	12674
of special funds, and the safeguarding of moneys on hand or on	12675
deposit, without regard to Chapter 131. or 135. of the Revised	12676
Code, provided that any bank or trust company that acts as a	12677
depository of any moneys in special funds may furnish such	12678
indemnifying bonds or may pledge such securities as required by	12679
the commissioners of the sinking fund;	12680

(4) Any or every provision of the bond proceedings binding	12681
upon the commissioners of the sinking fund and such state agency	12682
or local government entities, officer, board, commission,	12683
authority, agency, department, or other person or body as may from	12684
time to time have the authority under law to take such actions as	12685
may be necessary to perform all or any part of the duty required	12686
by such provision;	12687

(5) The maintenance of each pledge, any trust agreement, or	12688
other instrument composing part of the bond proceedings until the	12689
state has fully paid or provided for the payment of the debt	12690
charges on the obligations or met other stated conditions;	12691

(6) In the event of default in any payments required to be	12692
made by the bond proceedings, or any other agreement of the	12693
commissioners of the sinking fund made as part of a contract under	12694
which the obligations were issued or secured, the enforcement of	12695
such payments or agreements by mandamus, suit in equity, action at	12696
law, or any combination of the foregoing;	12697

(7) The rights and remedies of the holders of obligations and	12698
of the trustee under any trust agreement, and provisions for	12699
protecting and enforcing them, including limitations on rights of	12700
individual holders of obligations;	12701

(8) The replacement of any obligations that become mutilated	12702
or are destroyed, lost, or stolen;	12703

(9) Provision for the funding, refunding, or advance	12704
refunding or other provision for payment of obligations which will	12705
then no longer be or be deemed to be outstanding for purposes of	12706
this section or of the bond proceedings;	12707

(10) Any provision that may be made in bond proceedings or a	12708
trust agreement, including provision for amendment of the bond	12709
proceedings;	12710

(11) Such other provisions as the commissioners of the	12711
sinking fund determine, including limitations, conditions, or	12712
qualifications relating to any of the foregoing;	12713

(12) Any other or additional agreements with the holders of	12714
the obligations relating to the obligations or the security for	12715
the obligations.	12716

(H) The great seal of the state or a facsimile of that seal	12717
may be affixed to or printed on the obligations. The obligations	12718
shall be signed by or bear the facsimile signatures of two or more	12719
of the commissioners of the sinking fund as provided in the bond	12720
proceedings. Any obligations may be signed by the person who, on	12721
the date of execution, is the authorized signer although on the	12722
date of such obligations such person was not a commissioner. In	12723
case the individual whose signature or a facsimile of whose	12724
signature appears on any obligation ceases to be a commissioner	12725
before delivery of the obligation, such signature or facsimile is	12726
nevertheless valid and sufficient for all purposes as if the	12727
individual had remained the member until such delivery, and in	12728
case the seal to be affixed to or printed on obligations has been	12729
changed after the seal has been affixed to or a facsimile of the	12730
seal has been printed on the obligations, that seal or facsimile	12731
seal shall continue to be sufficient as to those obligations and	12732
obligations issued in substitution or exchange therefor.	12733

(I) Obligations may be issued in coupon or in fully	12734
registered form, or both, as the commissioners of the sinking fund	12735
determine. Provision may be made for the registration of any	12736
obligations with coupons attached as to principal alone or as to	12737
both principal and interest, their exchange for obligations so	12738
registered, and for the conversion or reconversion into	12739
obligations with coupons attached of any obligations registered as	12740
to both principal and interest, and for reasonable charges for	12741
such registration, exchange, conversion, and reconversion. Pending	12742
preparation of definitive obligations, the commissioners of the	12743
sinking fund may issue interim receipts or certificates which	12744
shall be exchanged for such definitive obligations.	12745

(J) Obligations may be sold at public sale or at private	12746
sale, and at such price at, above, or below par, as determined by	12747
the commissioners of the sinking fund in the bond proceedings.	12748

(K) In the discretion of the commissioners of the sinking	12749
fund, obligations may be secured additionally by a trust agreement	12750
between the state and a corporate trustee which may be any trust	12751
company or bank having ~~its principal~~a place of business within	12752
the state. Any trust agreement may contain the resolution	12753
authorizing the issuance of the obligations, any provisions that	12754
may be contained in the bond proceedings, and other provisions	12755
that are customary or appropriate in an agreement of the type.	12756

(L) Except to the extent that their rights are restricted by	12757
the bond proceedings, any holder of obligations, or a trustee	12758
under the bond proceedings, may by any suitable form of legal	12759
proceedings protect and enforce any rights under the laws of this	12760
state or granted by the bond proceedings. Such rights include the	12761
right to compel the performance of all duties of the commissioners	12762
and the state. Each duty of the commissioners and employees of the	12763
commissioners, and of each state agency and local public entity	12764
and its officers, members, or employees, undertaken pursuant to	12765
the bond proceedings, is hereby established as a duty of the	12766
commissioners, and of each such agency, local government entity,	12767
officer, member, or employee having authority to perform such	12768
duty, specifically enjoined by the law and resulting from an	12769
office, trust, or station within the meaning of section 2731.01 of	12770
the Revised Code. The persons who are at the time the	12771
commissioners, or employees of the commissioners, are not liable	12772
in their personal capacities on any obligations or any agreements	12773
of or with the commissioners relating to obligations or under the	12774
bond proceedings.	12775

(M) Obligations are lawful investments for banks, societies	12776
for savings, savings and loan associations, deposit guarantee	12777
associations, trust companies, trustees, fiduciaries, insurance	12778
companies, including domestic for life and domestic not for life,	12779
trustees or other officers having charge of sinking and bond	12780
retirement or other special funds of political subdivisions and	12781
taxing districts of this state, the commissioners of the sinking	12782
fund, the administrator of workers' compensation, the state	12783
teachers retirement system, the public employees retirement	12784
system, the school employees retirement system, and the Ohio	12785
police and fire pension fund, notwithstanding any other provisions	12786
of the Revised Code or rules adopted pursuant thereto by any state	12787
agency with respect to investments by them, and are also	12788
acceptable as security for the deposit of public moneys.	12789

(N) Unless otherwise provided in any applicable bond	12790
proceedings, moneys to the credit of or in the special funds	12791
established by or pursuant to this section may be invested by or	12792
on behalf of the commissioners of the sinking fund only in notes,	12793
bonds, or other direct obligations of the United States or of any	12794
agency or instrumentality of the United States, in obligations of	12795
this state or any political subdivision of this state, in	12796
certificates of deposit of any national bank located in this state	12797
and any bank, as defined in section 1101.01 of the Revised Code,	12798
subject to inspection by the superintendent of financial	12799
institutions, in the Ohio subdivision's fund established pursuant	12800
to section 135.45 of the Revised Code, in no-front-end-load money	12801
market mutual funds consisting exclusively of direct obligations	12802
of the United States or of an agency or instrumentality of the	12803
United States, and in repurchase agreements, including those	12804
issued by any fiduciary, secured by direct obligations of the	12805
United States or an agency or instrumentality of the United	12806
States, and in collective investment funds established in	12807
accordance with section 1111.14 of the Revised Code and consisting	12808
exclusively of direct obligations of the United States or of an	12809
agency or instrumentality of the United States, notwithstanding	12810
division (A)(1)(c) of that section. The income from investments	12811
shall be credited to such special funds or otherwise as the	12812
commissioners of the sinking fund determine in the bond	12813
proceedings, and the investments may be sold or exchanged at such	12814
times as the commissioners determine or authorize.	12815

(O) Unless otherwise provided in any applicable bond	12816
proceedings, moneys to the credit of or in a special fund shall be	12817
disbursed on the order of the commissioners of the sinking fund,	12818
provided that no such order is required for the payment from the	12819
bond service fund or other special fund when due of debt charges	12820
or required payments under credit enhancement facilities.	12821

(P) The commissioners of the sinking fund may covenant in the	12822
bond proceedings, and any such covenants shall be controlling	12823
notwithstanding any other provision of law, that the state and the	12824
applicable officers and agencies of the state, including the	12825
general assembly, so long as any obligations are outstanding in	12826
accordance with their terms, shall maintain statutory authority	12827
for and cause to be charged and collected taxes, excises, and	12828
other receipts of the state so that the receipts to the bond	12829
service fund shall be sufficient in amounts to meet debt charges	12830
and for the establishment and maintenance of any reserves and	12831
other requirements, including payment of the costs of credit	12832
enhancement facilities, provided for in the bond proceedings.	12833

(Q) The obligations, the transfer thereof, and the interest,	12834
other accreted amounts, and other income therefrom, including any	12835
profit made on the sale thereof, at all times shall be free from	12836
taxation, direct or indirect, within the state.	12837

(R) This section applies only with respect to obligations	12838
issued and delivered before September 30, 2000.	12839

Sec. 1713.031. The Ohio board of regents shall review an	12840
application for a certificate of authorization from a school	12841
described in division (E) of section 3332.01 of the Revised Code	12842
within twenty-two weeks.	12843

Sec. 2113.041. (A) The administrator of the medicaid estate	12844
recovery program established pursuant to section 5111.11 of the	12845
Revised Code may present an affidavit to a financial institution	12846
requesting that the financial institution release account proceeds	12847
to recover the cost of services correctly provided to a medicaid	12848
recipient who is subject to the medicaid estate recovery program.	12849
The affidavit shall include all of the following information:	12850

(1) The name of the decedent;

12851

(2) The name of any person who gave notice that the decedent	12852
was a medicaid recipient and that person's relationship to the	12853
decedent;	12854

(3) The name of the financial institution;

12855

(4) The account number;

12856

(5) A description of the claim for estate recovery;

12857

(6) The amount of funds to be recovered.

12858

(B) A financial institution may release account proceeds to	12859
the administrator of the medicaid estate recovery program if all	12860
of the following apply:	12861

(1) The decedent held an account at the financial institution	12862
that was in the decedent's name only.	12863

(2) No estate has been, and it is reasonable to assume that	12864
no estate will be, opened for the decedent.	12865

(3) The decedent has no outstanding debts known to the	12866
administrator of the medicaid estate recovery program.	12867

(4) The financial institution has received no objections or	12868
has determined that no valid objections to release of proceeds	12869
have been received.	12870

(C) If proceeds have been released pursuant to division (B)	12871
of this section and the department of job and family services	12872
receives notice of a valid claim to the proceeds that has a higher	12873
priority under section 2117.25 of the Revised Code than the claim	12874
of the medicaid estate recovery program, the department may refund	12875
the proceeds to the financial institution or pay them to the	12876
person or government entity with the claim.	12877

Sec. 2117.061. (A) As used in this section:

12878

(1) "Medicaid estate recovery program" means the program	12879
instituted under section 5111.11 of the Revised Code.	12880

(2) "Permanently institutionalized individual" has the same	12881
meaning as in section 5111.11 of the Revised Code.	12882

(3) "Person responsible for the estate" means the executor,	12883
administrator, commissioner, or person who filed pursuant to	12884
section 2113.03 of the Revised Code for release from	12885
administration of an estate.	12886

(B) ~~If a decedent, at the time of death, was fifty-five years~~	12887
~~of age or older or a permanently institutionalized individual, the~~	12888
~~person responsible for the decedent's estate shall determine~~	12889
~~whether the decedent was, at any time during the decedent's life,~~	12890
~~a medicaid recipient under Chapter 5111. of the Revised Code. If~~	12891
~~the decedent was a medicaid recipient, the~~The person responsible	12892
for the estate of a decedent subject to the medicaid estate	12893
recovery program or the estate of a decedent who was the spouse of	12894
a decedent subject to the medicaid estate recovery program shall	12895
submit a properly completed medicaid estate recovery reporting	12896
form prescribed under division (D) of this section to the	12897
administrator of the medicaid estate recovery program not later	12898
than thirty days after the occurrence of any of the following:	12899

(1) The granting of letters testamentary;

12900

(2) The administration of the estate;

12901

(3) The filing of an application for release from	12902
administration or summary release from administration.	12903

(C) The person responsible for the estate shall mark the	12904
appropriate box on the appropriate probate form to indicate	12905
compliance with the requirements of division (B) of this section.	12906

The probate court shall send a copy of the completed probate	12907
form to the administrator of the medicaid estate recovery program.	12908

(D) The administrator of the medicaid estate recovery program	12909
shall prescribe a medicaid estate recovery reporting form for the	12910
purpose of division (B) of this section. ~~The~~In the case of a	12911
decedent subject to the medicaid estate recovery program, the form	12912
shall require, at a minimum, that the person responsible for the	12913
estate list all of the decedent's real and personal property and	12914
other assets that are part of the decedent's estate as defined in	12915
section 5111.11 of the Revised Code. In the case of a decedent who	12916
was the spouse of a decedent subject to the medicaid estate	12917
recovery program, the form shall require, at a minimum, that the	12918
person responsible for the estate list all of the decedent's real	12919
and personal property and other assets that are part of the	12920
decedent's estate as defined in section 5111.11 of the Revised	12921
Code and were also part of the estate, as so defined, of the	12922
decedent subject to the medicaid estate recovery program. The	12923
administrator shall include on the form a statement printed in	12924
bold letters informing the person responsible for the estate that	12925
knowingly making a false statement on the form is falsification	12926
under section 2921.13 of the Revised Code, a misdemeanor of the	12927
first degree.	12928

(E) The ~~estate recovery program~~ administrator of the medicaid	12929
estate recovery program shall present a claim for estate recovery	12930
to the person responsible for the estate of the decedent or the	12931
person's legal representative not later than ninety days after the	12932
date on which the medicaid estate recovery reporting form is	12933
received under division (B) of this section or one year after the	12934
decedent's death, whichever is later.	12935

Sec. 2117.25. (A) Every executor or administrator shall	12936
proceed with diligence to pay the debts of the decedent and shall	12937
apply the assets in the following order:	12938

(1) Costs and expenses of administration;

12939

(2) An amount, not exceeding four thousand dollars, for	12940
funeral expenses that are included in the bill of a funeral	12941
director, funeral expenses other than those in the bill of a	12942
funeral director that are approved by the probate court, and an	12943
amount, not exceeding three thousand dollars, for burial and	12944
cemetery expenses, including that portion of the funeral	12945
director's bill allocated to cemetery expenses that have been paid	12946
to the cemetery by the funeral director.	12947

For purposes of this division, burial and cemetery expenses	12948
shall be limited to the following:	12949

(a) The purchase of a right of interment;

12950

(b) Monuments or other markers;

12951

12952

(d) The cost of opening and closing the place of interment;

12953

(e) The urn.

12954

(3) The allowance for support made to the surviving spouse,	12955
minor children, or both under section 2106.13 of the Revised Code;	12956

(4) Debts entitled to a preference under the laws of the	12957
United States;	12958

(5) Expenses of the last sickness of the decedent;

12959

(6) If the total bill of a funeral director for funeral	12960
expenses exceeds four thousand dollars, then, in addition to the	12961
amount described in division (A)(2) of this section, an amount,	12962
not exceeding two thousand dollars, for funeral expenses that are	12963
included in the bill and that exceed four thousand dollars;	12964

(7) Personal property taxes, claims made under the medicaid	12965
estate recovery program instituted pursuant to section 5111.11 of	12966
the Revised Code, and obligations for which the decedent was	12967
personally liable to the state or any of its subdivisions;	12968

(8) Debts for manual labor performed for the decedent within	12969
twelve months preceding the decedent's death, not exceeding three	12970
hundred dollars to any one person;	12971

(9) Other debts for which claims have been presented and	12972
finally allowed.	12973

(B) The part of the bill of a funeral director that exceeds	12974
the total of six thousand dollars as described in divisions (A)(2)	12975
and (6) of this section, and the part of a claim included in	12976
division (A)(8) of this section that exceeds three hundred dollars	12977
shall be included as a debt under division (A)(9) of this section,	12978
depending upon the time when the claim for the additional amount	12979
is presented.	12980

(C) Any natural person or fiduciary who pays a claim of any	12981
creditor described in division (A) of this section shall be	12982
subrogated to the rights of that creditor proportionate to the	12983
amount of the payment and shall be entitled to reimbursement for	12984
that amount in accordance with the priority of payments set forth	12985
in that division.	12986

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	12987
to the manner in which and the time within which claims shall be	12988
presented, shall apply to claims set forth in divisions (A)(2),	12989
(6), and (8) of this section. Claims for an expense of	12990
administration or for the allowance for support need not be	12991
presented. The executor or administrator shall pay debts included	12992
in divisions (A)(4) and (7) of this section, of which the executor	12993
or administrator has knowledge, regardless of presentation.	12994

(2) The giving of written notice to an executor or	12995
administrator of a motion or application to revive an action	12996
pending against the decedent at the date of death shall be	12997
equivalent to the presentation of a claim to the executor or	12998
administrator for the purpose of determining the order of payment	12999
of any judgment rendered or decree entered in such an action.	13000

(E) No payments shall be made to creditors of one class until	13001
all those of the preceding class are fully paid or provided for.	13002
If the assets are insufficient to pay all the claims of one class,	13003
the creditors of that class shall be paid ratably.	13004

(F) If it appears at any time that the assets have been	13005
exhausted in paying prior or preferred charges, allowances, or	13006
claims, those payments shall be a bar to an action on any claim	13007
not entitled to that priority or preference.	13008

Sec. 2151.362. (A)(1) In the manner prescribed by division	13009
(C)(1) or (2) of section 3313.64 of the Revised Code, as	13010
applicable, the court, at the time of making any order that	13011
removes a child from the child's own home or that vests legal or	13012
permanent custody of the child in a person other than the child's	13013
parent or a government agency, shall determine the school district	13014
that is to bear the cost of educating the child. The court shall	13015
make the determination a part of the order that provides for the	13016
child's placement or commitment. That school district shall bear	13017
the cost of educating the child unless and until the ~~court~~	13018
~~modifies its order~~department of education determines that a	13019
different district shall be responsible for bearing that cost	13020
pursuant to division (A)(2) of this section. The court's order	13021
shall state that the determination of which school district is	13022
responsible to bear the cost of educating the child is subject to	13023
re-determination by the department pursuant to that division.	13024

(2) If, while the child is in the custody of a person other	13025
than the child's parent or a government agency, the department of	13026
education ~~notifies the court~~determines that the place of	13027
residence of the child's parent has changed since the court issued	13028
its initial order, the ~~court~~department may ~~modify its order to~~	13029
name a different school district to bear the cost of educating the	13030
child. The department ~~may submit the notice to the court upon~~	13031
~~receipt,~~shall make this new determination, and any future	13032
determinations, based on evidence received from the school	13033
district ~~initially ordered~~currently responsible to bear the cost	13034
of educating the child~~, of evidence acceptable to the department~~.	13035
If the department finds that the evidence demonstrates to its	13036
satisfaction that the residence of the child's parent has changed	13037
since the court issued its initial order~~. In the notice to the~~	13038
~~court, the department shall recommend to the court whether a~~	13039
~~different district should be ordered to bear the cost of educating~~	13040
~~the child and, if so, which district should be so ordered. The~~	13041
under division (A)(1) of this section, or since the department	13042
last made a determination under division (A)(2) of this section,	13043
the department shall ~~recommend to the court~~name the district in	13044
which the child's parent currently resides or, if the parent's	13045
residence is not known, the district in which the parent's last	13046
known residence is located. If the department cannot determine any	13047
Ohio district in which the parent currently resides or has	13048
resided, the school district designated in the initial court order	13049
under division (A)(1) of this section, or in the most recent	13050
determination made by the department under division (A)(2) of this	13051
section, shall continue to bear the cost of educating the child.	13052

~~The court may consider the content of a notice by the~~	13053
~~department of education under division (A)(2) of this section as~~	13054
~~conclusive evidence as to which school district should bear the~~	13055
~~cost of educating the child and may amend its order accordingly.~~	13056

(B) Whenever a child is placed in a detention facility	13057
established under section 2152.41 of the Revised Code or a	13058
juvenile facility established under section 2151.65 of the Revised	13059
Code, the child's school district as determined by the court or	13060
the department, in the same manner as prescribed in division (A)	13061
of this section, shall pay the cost of educating the child based	13062
on the per capita cost of the educational facility within the	13063
detention home or juvenile facility.	13064

(C) Whenever a child is placed by the court in a private	13065
institution, school, or residential treatment center or any other	13066
private facility, the state shall pay to the court a subsidy to	13067
help defray the expense of educating the child in an amount equal	13068
to the product of the daily per capita educational cost of the	13069
private facility, as determined pursuant to this section, and the	13070
number of days the child resides at the private facility, provided	13071
that the subsidy shall not exceed twenty-five hundred dollars per	13072
year per child. The daily per capita educational cost of a private	13073
facility shall be determined by dividing the actual program cost	13074
of the private facility or twenty-five hundred dollars, whichever	13075
is less, by three hundred sixty-five days or by three hundred	13076
sixty-six days for years that include February twenty-ninth. The	13077
state shall pay seventy-five per cent of the total subsidy for	13078
each year quarterly to the court. The state may adjust the	13079
remaining twenty-five per cent of the total subsidy to be paid to	13080
the court for each year to an amount that is less than twenty-five	13081
per cent of the total subsidy for that year based upon the	13082
availability of funds appropriated to the department of education	13083
for the purpose of subsidizing courts that place a child in a	13084
private institution, school, or residential treatment center or	13085
any other private facility and shall pay that adjusted amount to	13086
the court at the end of the year.	13087

Sec. 2913.40. (A) As used in this section:

13088

(1) "Statement or representation" means any oral, written,	13089
electronic, electronic impulse, or magnetic communication that is	13090
used to identify an item of goods or a service for which	13091
reimbursement may be made under the medical assistance program or	13092
that states income and expense and is or may be used to determine	13093
a rate of reimbursement under the medical assistance program.	13094

(2) "Medical assistance program" means the program	13095
established by the department of job and family services to	13096
provide medical assistance under section 5111.01 of the Revised	13097
Code and the medicaid program of Title XIX of the "Social Security	13098
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	13099

(3) "Provider" means any person who has signed a provider	13100
agreement with the department of job and family services to	13101
provide goods or services pursuant to the medical assistance	13102
program or any person who has signed an agreement with a party to	13103
such a provider agreement under which the person agrees to provide	13104
goods or services that are reimbursable under the medical	13105
assistance program.	13106

(4) "Provider agreement" means an oral or written agreement	13107
between the department of job and family services and a person in	13108
which the person agrees to provide goods or services under the	13109
medical assistance program.	13110

(5) "Recipient" means any individual who receives goods or	13111
services from a provider under the medical assistance program.	13112

(6) "Records" means any medical, professional, financial, or	13113
business records relating to the treatment or care of any	13114
recipient, to goods or services provided to any recipient, or to	13115
rates paid for goods or services provided to any recipient and any	13116
records that are required by the rules of the director of job and	13117
family services to be kept for the medical assistance program.	13118

(B) No person shall knowingly make or cause to be made a	13119
false or misleading statement or representation for use in	13120
obtaining reimbursement from the medical assistance program.	13121

(C) No person, with purpose to commit fraud or knowing that	13122
the person is facilitating a fraud, shall do either of the	13123
following:	13124

(1) Contrary to the terms of the person's provider agreement,	13125
charge, solicit, accept, or receive for goods or services that the	13126
person provides under the medical assistance program any property,	13127
money, or other consideration in addition to the amount of	13128
reimbursement under the medical assistance program and the	13129
person's provider agreement for the goods or services and any	13130
~~deductibles or co-payments~~cost-sharing expenses authorized by	13131
section 5111.0112 of the Revised Code or rules adopted pursuant to	13132
section 5111.01, 5111.011, or 5111.02 of the Revised Code.	13133

(2) Solicit, offer, or receive any remuneration, other than	13134
any ~~deductibles or co-payments~~cost-sharing expenses authorized by	13135
section 5111.0112 of the Revised Code or rules adopted under	13136
section 5111.01, 5111.011, or 5111.02 of the Revised Code, in cash	13137
or in kind, including, but not limited to, a kickback or rebate,	13138
in connection with the furnishing of goods or services for which	13139
whole or partial reimbursement is or may be made under the medical	13140
assistance program.	13141

(D) No person, having submitted a claim for or provided goods	13142
or services under the medical assistance program, shall do either	13143
of the following for a period of at least six years after a	13144
reimbursement pursuant to that claim, or a reimbursement for those	13145
goods or services, is received under the medical assistance	13146
program:	13147

(1) Knowingly alter, falsify, destroy, conceal, or remove any	13148
records that are necessary to fully disclose the nature of all	13149
goods or services for which the claim was submitted, or for which	13150
reimbursement was received, by the person;	13151

(2) Knowingly alter, falsify, destroy, conceal, or remove any	13152
records that are necessary to disclose fully all income and	13153
expenditures upon which rates of reimbursements were based for the	13154
person.	13155

(E) Whoever violates this section is guilty of medicaid	13156
fraud. Except as otherwise provided in this division, medicaid	13157
fraud is a misdemeanor of the first degree. If the value of	13158
property, services, or funds obtained in violation of this section	13159
is five hundred dollars or more and is less than five thousand	13160
dollars, medicaid fraud is a felony of the fifth degree. If the	13161
value of property, services, or funds obtained in violation of	13162
this section is five thousand dollars or more and is less than one	13163
hundred thousand dollars, medicaid fraud is a felony of the fourth	13164
degree. If the value of the property, services, or funds obtained	13165
in violation of this section is one hundred thousand dollars or	13166
more, medicaid fraud is a felony of the third degree.	13167

(F) Upon application of the governmental agency, office, or	13168
other entity that conducted the investigation and prosecution in a	13169
case under this section, the court shall order any person who is	13170
convicted of a violation of this section for receiving any	13171
reimbursement for furnishing goods or services under the medical	13172
assistance program to which the person is not entitled to pay to	13173
the applicant its cost of investigating and prosecuting the case.	13174
The costs of investigation and prosecution that a defendant is	13175
ordered to pay pursuant to this division shall be in addition to	13176
any other penalties for the receipt of that reimbursement that are	13177
provided in this section, section 5111.03 of the Revised Code, or	13178
any other provision of law.	13179

(G) The provisions of this section are not intended to be	13180
exclusive remedies and do not preclude the use of any other	13181
criminal or civil remedy for any act that is in violation of this	13182
section.	13183

Sec. 2921.42. (A) No public official shall knowingly do any	13184
of the following:	13185

(1) Authorize, or employ the authority or influence of ~~his~~	13186
the public official's office to secure authorization of any public	13187
contract in which hethe public official, a member of ~~his~~the	13188
public official's family, or any of ~~his~~the public official's	13189
business associates has an interest;	13190

(2) Authorize, or employ the authority or influence of ~~his~~	13191
the public official's office to secure the investment of public	13192
funds in any share, bond, mortgage, or other security, with	13193
respect to which hethe public official, a member of ~~his~~the	13194
public official's family, or any of ~~his~~the public official's	13195
business associates either has an interest, is an underwriter, or	13196
receives any brokerage, origination, or servicing fees;	13197

(3) During ~~his~~the public official's term of office or within	13198
one year thereafter, occupy any position of profit in the	13199
prosecution of a public contract authorized by ~~him~~the public	13200
official or by a legislative body, commission, or board of which	13201
hethe public official was a member at the time of authorization,	13202
unless the contract was let by competitive bidding to the lowest	13203
and best bidder;	13204

(4) Have an interest in the profits or benefits of a public	13205
contract entered into by or for the use of the political	13206
subdivision or governmental agency or instrumentality with which	13207
hethe public official is connected;	13208

(5) Have an interest in the profits or benefits of a public	13209
contract that is not let by competitive bidding if required by law	13210
and that involves more than one hundred fifty dollars.	13211

(B) In the absence of bribery or a purpose to defraud, a	13212
public official, member of ~~his~~a public official's family, or any	13213
of ~~his~~a public official's business associates shall not be	13214
considered as having an interest in a public contract or the	13215
investment of public funds, if all of the following apply:	13216

(1) The interest of that person is limited to owning or	13217
controlling shares of the corporation, or being a creditor of the	13218
corporation or other organization, that is the contractor on the	13219
public contract involved, or that is the issuer of the security in	13220
which public funds are invested;	13221

(2) The shares owned or controlled by that person do not	13222
exceed five per cent of the outstanding shares of the corporation,	13223
and the amount due that person as creditor does not exceed five	13224
per cent of the total indebtedness of the corporation or other	13225
organization;	13226

(3) That person, prior to the time the public contract is	13227
entered into, files with the political subdivision or governmental	13228
agency or instrumentality involved, an affidavit giving ~~his~~that	13229
person's exact status in connection with the corporation or other	13230
organization.	13231

(C) This section does not apply to a public contract in which	13232
a public official, member of ~~his~~a public official's family, or	13233
one of ~~his~~a public official's business associates has an	13234
interest, when all of the following apply:	13235

(1) The subject of the public contract is necessary supplies	13236
or services for the political subdivision or governmental agency	13237
or instrumentality involved;	13238

(2) The supplies or services are unobtainable elsewhere for	13239
the same or lower cost, or are being furnished to the political	13240
subdivision or governmental agency or instrumentality as part of a	13241
continuing course of dealing established prior to the public	13242
official's becoming associated with the political subdivision or	13243
governmental agency or instrumentality involved;	13244

(3) The treatment accorded the political subdivision or	13245
governmental agency or instrumentality is either preferential to	13246
or the same as that accorded other customers or clients in similar	13247
transactions;	13248

(4) The entire transaction is conducted at arm's length, with	13249
full knowledge by the political subdivision or governmental agency	13250
or instrumentality involved, of the interest of the public	13251
official, member of ~~his~~the public official's family, or business	13252
associate, and the public official takes no part in the	13253
deliberations or decision of the political subdivision or	13254
governmental agency or instrumentality with respect to the public	13255
contract.	13256

(D) Division (A)(4) of this section does not prohibit	13257
participation by a public employee in any housing program funded	13258
by public moneys if the public employee otherwise qualifies for	13259
the program and does not use the authority or influence of ~~his~~the	13260
public employee's office or employment to secure benefits from the	13261
program and if the moneys are to be used on the primary residence	13262
of the public employee. Such participation does not constitute an	13263
unlawful interest in a public contract in violation of this	13264
section.	13265

(E) Whoever violates this section is guilty of having an	13266
unlawful interest in a public contract. Violation of division	13267
(A)(1) or (2) of this section is a felony of the fourth degree.	13268
Violation of division (A)(3), (4), or (5) of this section is a	13269
misdemeanor of the first degree.	13270

(F) It is not a violation of this section for a prosecuting	13271
attorney to appoint assistants and employees in accordance with	13272
sections 309.06 and 2921.421 of the Revised Code, for a chief	13273
legal officer of a municipal corporation or an official designated	13274
as prosecutor in a municipal corporation to appoint assistants and	13275
employees in accordance with sections 733.621 and 2921.421 of the	13276
Revised Code, or for a township law director appointed under	13277
section 504.15 of the Revised Code to appoint assistants and	13278
employees in accordance with sections 504.151 and 2921.421 of the	13279
Revised Code.	13280

~~(F)~~(G) This section does not apply to a public contract in	13281
which a township trustee in a township with a population of five	13282
thousand or less in its unincorporated area, a member of the	13283
township trustee's family, or one of ~~his~~the township trustee's	13284
business associates has an interest, if all of the following	13285
apply:	13286

(1) The subject of the public contract is necessary supplies	13287
or services for the township and the amount of the contract is	13288
less than five thousand dollars per year;	13289

(2) The supplies or services are being furnished to the	13290
township as part of a continuing course of dealing established	13291
before the township trustee held that office with the township;	13292

(3) The treatment accorded the township is either	13293
preferential to or the same as that accorded other customers or	13294
clients in similar transactions;	13295

(4) The entire transaction is conducted with full knowledge	13296
by the township of the interest of the township trustee, member of	13297
~~his~~the township trustee's family, or ~~his~~the township trustee's	13298
business associate.	13299

~~(G)~~(H) Any public contract in which a public official, a	13300
member of the public official's family, or any of the public	13301
official's business associates has an interest in violation of	13302
this section is void and unenforceable. Any contract securing the	13303
investment of public funds in which a public official, a member of	13304
the public official's family, or any of the public official's	13305
business associates has an interest, is an underwriter, or	13306
receives any brokerage, origination, or servicing fees and that	13307
was entered into in violation of this section is void and	13308
unenforceable.	13309

(I) As used in this section:

13310

(1) "Public contract" means any of the following:

13311

(a) The purchase or acquisition, or a contract for the	13312
purchase or acquisition, of property or services by or for the use	13313
of the state, any of its political subdivisions, or any agency or	13314
instrumentality of either, including the employment of an	13315
individual by the state, any of its political subdivisions, or any	13316
agency or instrumentality of either;	13317

(b) A contract for the design, construction, alteration,	13318
repair, or maintenance of any public property.	13319

(2) "Chief legal officer" has the same meaning as in section	13320
733.621 of the Revised Code.	13321

Sec. 2927.023. (A) As used in this section "authorized	13322
recipient of tobacco products" means a person who is:	13323

(1) Licensed as a cigarette wholesale dealer under section	13324
5743.15 of the Revised Code;	13325

(2) Licensed as a ~~distributor of tobacco products under~~	13326
~~section 5743.61 of the Revised Code~~retail dealer as long as the	13327
person purchases cigarettes with the appropriate tax stamp	13328
affixed;	13329

(3) An export warehouse proprietor as defined in section 5702	13330
of the Internal Revenue Code;	13331

(4) An operator of a customs bonded warehouse under 19 U.S.C.	13332
1311 or 19 U.S.C. 1555;	13333

(5) An officer, employee, or agent of the federal government	13334
or of this state acting in the person's official capacity;	13335

(6) A department, agency, instrumentality, or political	13336
subdivision of the federal government or of this state;	13337

(7) A person having a consent for consumer shipment issued by	13338
the tax commissioner under section 5743.71 of the Revised Code.	13339

The purpose of this section is to prevent the sale of	13340
cigarettes to minors and to ensure compliance with the Master	13341
Settlement Agreement, as defined in section 1346.01 of the Revised	13342
Code.	13343

(B)(1) No person shall cause to be shipped any cigarettes to	13344
any person in this state other than an authorized recipient of	13345
tobacco products.	13346

(2) No common carrier, contract carrier, or other person	13347
shall knowingly transport cigarettes to any person in this state	13348
that the carrier or other person reasonably believes is not an	13349
authorized recipient of tobacco products. If cigarettes are	13350
transported to a home or residence, it shall be presumed that the	13351
common carrier, contract carrier, or other person knew that the	13352
person to whom the cigarettes were delivered was not an authorized	13353
recipient of tobacco products.	13354

(C) No person engaged in the business of selling cigarettes	13355
who ships or causes to be shipped cigarettes to any person in this	13356
state in any container or wrapping other than the original	13357
container or wrapping of the cigarettes shall fail to plainly and	13358
visibly mark the exterior of the container or wrapping in which	13359
the cigarettes are shipped with the words "cigarettes."	13360

(D) A court shall impose a fine of up to one thousand dollars	13361
for each violation of division (B)(1), (B)(2), or (C) of this	13362
section.	13363

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	13364
deputy marshal, municipal police officer, township constable,	13365
police officer of a township or joint township police district,	13366
member of a police force employed by a metropolitan housing	13367
authority under division (D) of section 3735.31 of the Revised	13368
Code, member of a police force employed by a regional transit	13369
authority under division (Y) of section 306.35 of the Revised	13370
Code, state university law enforcement officer appointed under	13371
section 3345.04 of the Revised Code, veterans' home police officer	13372
appointed under section 5907.02 of the Revised Code, special	13373
police officer employed by a port authority under section 4582.04	13374
or 4582.28 of the Revised Code, or a special police officer	13375
employed by a municipal corporation at a municipal airport, or	13376
other municipal air navigation facility, that has scheduled	13377
operations, as defined in section 119.3 of Title 14 of the Code of	13378
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	13379
required to be under a security program and is governed by	13380
aviation security rules of the transportation security	13381
administration of the United States department of transportation	13382
as provided in Parts 1542. and 1544. of Title 49 of the Code of	13383
Federal Regulations, as amended, shall arrest and detain, until a	13384
warrant can be obtained, a person found violating, within the	13385
limits of the political subdivision, metropolitan housing	13386
authority housing project, regional transit authority facilities	13387
or areas of a municipal corporation that have been agreed to by a	13388
regional transit authority and a municipal corporation located	13389
within its territorial jurisdiction, college, university,	13390
veterans' home operated under Chapter 5907. of the Revised Code,	13391
port authority, or municipal airport or other municipal air	13392
navigation facility, in which the peace officer is appointed,	13393
employed, or elected, a law of this state, an ordinance of a	13394
municipal corporation, or a resolution of a township.	13395

(2) A peace officer of the department of natural resources or	13396
an individual designated to perform law enforcement duties under	13397
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	13398
arrest and detain, until a warrant can be obtained, a person found	13399
violating, within the limits of the peace officer's or	13400
individual's territorial jurisdiction, a law of this state.	13401

(3) The house sergeant at arms if the house sergeant at arms	13402
has arrest authority pursuant to division (E)(1) of section	13403
101.311 of the Revised Code and an assistant house sergeant at	13404
arms shall arrest and detain, until a warrant can be obtained, a	13405
person found violating, within the limits of the sergeant at	13406
arms's or assistant sergeant at arms's territorial jurisdiction	13407
specified in division (D)(1)(a) of section 101.311 of the Revised	13408
Code or while providing security pursuant to division (D)(1)(f) of	13409
section 101.311 of the Revised Code, a law of this state, an	13410
ordinance of a municipal corporation, or a resolution of a	13411
township.	13412

(B)(1) When there is reasonable ground to believe that an	13413
offense of violence, the offense of criminal child enticement as	13414
defined in section 2905.05 of the Revised Code, the offense of	13415
public indecency as defined in section 2907.09 of the Revised	13416
Code, the offense of domestic violence as defined in section	13417
2919.25 of the Revised Code, the offense of violating a protection	13418
order as defined in section 2919.27 of the Revised Code, the	13419
offense of menacing by stalking as defined in section 2903.211 of	13420
the Revised Code, the offense of aggravated trespass as defined in	13421
section 2911.211 of the Revised Code, a theft offense as defined	13422
in section 2913.01 of the Revised Code, or a felony drug abuse	13423
offense as defined in section 2925.01 of the Revised Code, has	13424
been committed within the limits of the political subdivision,	13425
metropolitan housing authority housing project, regional transit	13426
authority facilities or those areas of a municipal corporation	13427
that have been agreed to by a regional transit authority and a	13428
municipal corporation located within its territorial jurisdiction,	13429
college, university, veterans' home operated under Chapter 5907.	13430
of the Revised Code, port authority, or municipal airport or other	13431
municipal air navigation facility, in which the peace officer is	13432
appointed, employed, or elected or within the limits of the	13433
territorial jurisdiction of the peace officer, a peace officer	13434
described in division (A) of this section may arrest and detain	13435
until a warrant can be obtained any person who the peace officer	13436
has reasonable cause to believe is guilty of the violation.	13437

(2) For purposes of division (B)(1) of this section, the	13438
execution of any of the following constitutes reasonable ground to	13439
believe that the offense alleged in the statement was committed	13440
and reasonable cause to believe that the person alleged in the	13441
statement to have committed the offense is guilty of the	13442
violation:	13443

(a) A written statement by a person alleging that an alleged	13444
offender has committed the offense of menacing by stalking or	13445
aggravated trespass;	13446

(b) A written statement by the administrator of the	13447
interstate compact on mental health appointed under section	13448
5119.51 of the Revised Code alleging that a person who had been	13449
hospitalized, institutionalized, or confined in any facility under	13450
an order made pursuant to or under authority of section 2945.37,	13451
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	13452
Revised Code has escaped from the facility, from confinement in a	13453
vehicle for transportation to or from the facility, or from	13454
supervision by an employee of the facility that is incidental to	13455
hospitalization, institutionalization, or confinement in the	13456
facility and that occurs outside of the facility, in violation of	13457
section 2921.34 of the Revised Code;	13458

(c) A written statement by the administrator of any facility	13459
in which a person has been hospitalized, institutionalized, or	13460
confined under an order made pursuant to or under authority of	13461
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	13462
2945.402 of the Revised Code alleging that the person has escaped	13463
from the facility, from confinement in a vehicle for	13464
transportation to or from the facility, or from supervision by an	13465
employee of the facility that is incidental to hospitalization,	13466
institutionalization, or confinement in the facility and that	13467
occurs outside of the facility, in violation of section 2921.34 of	13468
the Revised Code.	13469

(3)(a) For purposes of division (B)(1) of this section, a	13470
peace officer described in division (A) of this section has	13471
reasonable grounds to believe that the offense of domestic	13472
violence or the offense of violating a protection order has been	13473
committed and reasonable cause to believe that a particular person	13474
is guilty of committing the offense if any of the following	13475
occurs:	13476

(i) A person executes a written statement alleging that the	13477
person in question has committed the offense of domestic violence	13478
or the offense of violating a protection order against the person	13479
who executes the statement or against a child of the person who	13480
executes the statement.	13481

(ii) No written statement of the type described in division	13482
(B)(3)(a)(i) of this section is executed, but the peace officer,	13483
based upon the peace officer's own knowledge and observation of	13484
the facts and circumstances of the alleged incident of the offense	13485
of domestic violence or the alleged incident of the offense of	13486
violating a protection order or based upon any other information,	13487
including, but not limited to, any reasonably trustworthy	13488
information given to the peace officer by the alleged victim of	13489
the alleged incident of the offense or any witness of the alleged	13490
incident of the offense, concludes that there are reasonable	13491
grounds to believe that the offense of domestic violence or the	13492
offense of violating a protection order has been committed and	13493
reasonable cause to believe that the person in question is guilty	13494
of committing the offense.	13495

(iii) No written statement of the type described in division	13496
(B)(3)(a)(i) of this section is executed, but the peace officer	13497
witnessed the person in question commit the offense of domestic	13498
violence or the offense of violating a protection order.	13499

(b) If pursuant to division (B)(3)(a) of this section a peace	13500
officer has reasonable grounds to believe that the offense of	13501
domestic violence or the offense of violating a protection order	13502
has been committed and reasonable cause to believe that a	13503
particular person is guilty of committing the offense, it is the	13504
preferred course of action in this state that the officer arrest	13505
and detain that person pursuant to division (B)(1) of this section	13506
until a warrant can be obtained.	13507

If pursuant to division (B)(3)(a) of this section a peace	13508
officer has reasonable grounds to believe that the offense of	13509
domestic violence or the offense of violating a protection order	13510
has been committed and reasonable cause to believe that family or	13511
household members have committed the offense against each other,	13512
it is the preferred course of action in this state that the	13513
officer, pursuant to division (B)(1) of this section, arrest and	13514
detain until a warrant can be obtained the family or household	13515
member who committed the offense and whom the officer has	13516
reasonable cause to believe is the primary physical aggressor.	13517
There is no preferred course of action in this state regarding any	13518
other family or household member who committed the offense and	13519
whom the officer does not have reasonable cause to believe is the	13520
primary physical aggressor, but, pursuant to division (B)(1) of	13521
this section, the peace officer may arrest and detain until a	13522
warrant can be obtained any other family or household member who	13523
committed the offense and whom the officer does not have	13524
reasonable cause to believe is the primary physical aggressor.	13525

(c) If a peace officer described in division (A) of this	13526
section does not arrest and detain a person whom the officer has	13527
reasonable cause to believe committed the offense of domestic	13528
violence or the offense of violating a protection order when it is	13529
the preferred course of action in this state pursuant to division	13530
(B)(3)(b) of this section that the officer arrest that person, the	13531
officer shall articulate in the written report of the incident	13532
required by section 2935.032 of the Revised Code a clear statement	13533
of the officer's reasons for not arresting and detaining that	13534
person until a warrant can be obtained.	13535

(d) In determining for purposes of division (B)(3)(b) of this	13536
section which family or household member is the primary physical	13537
aggressor in a situation in which family or household members have	13538
committed the offense of domestic violence or the offense of	13539
violating a protection order against each other, a peace officer	13540
described in division (A) of this section, in addition to any	13541
other relevant circumstances, should consider all of the	13542
following:	13543

(i) Any history of domestic violence or of any other violent	13544
acts by either person involved in the alleged offense that the	13545
officer reasonably can ascertain;	13546

(ii) If violence is alleged, whether the alleged violence was	13547
caused by a person acting in self-defense;	13548

(iii) Each person's fear of physical harm, if any, resulting	13549
from the other person's threatened use of force against any person	13550
or resulting from the other person's use or history of the use of	13551
force against any person, and the reasonableness of that fear;	13552

(iv) The comparative severity of any injuries suffered by the	13553
persons involved in the alleged offense.	13554

(e)(i) A peace officer described in division (A) of this	13555
section shall not require, as a prerequisite to arresting or	13556
charging a person who has committed the offense of domestic	13557
violence or the offense of violating a protection order, that the	13558
victim of the offense specifically consent to the filing of	13559
charges against the person who has committed the offense or sign a	13560
complaint against the person who has committed the offense.	13561

(ii) If a person is arrested for or charged with committing	13562
the offense of domestic violence or the offense of violating a	13563
protection order and if the victim of the offense does not	13564
cooperate with the involved law enforcement or prosecuting	13565
authorities in the prosecution of the offense or, subsequent to	13566
the arrest or the filing of the charges, informs the involved law	13567
enforcement or prosecuting authorities that the victim does not	13568
wish the prosecution of the offense to continue or wishes to drop	13569
charges against the alleged offender relative to the offense, the	13570
involved prosecuting authorities, in determining whether to	13571
continue with the prosecution of the offense or whether to dismiss	13572
charges against the alleged offender relative to the offense and	13573
notwithstanding the victim's failure to cooperate or the victim's	13574
wishes, shall consider all facts and circumstances that are	13575
relevant to the offense, including, but not limited to, the	13576
statements and observations of the peace officers who responded to	13577
the incident that resulted in the arrest or filing of the charges	13578
and of all witnesses to that incident.	13579

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	13580
this section whether to arrest a person pursuant to division	13581
(B)(1) of this section, a peace officer described in division (A)	13582
of this section shall not consider as a factor any possible	13583
shortage of cell space at the detention facility to which the	13584
person will be taken subsequent to the person's arrest or any	13585
possibility that the person's arrest might cause, contribute to,	13586
or exacerbate overcrowding at that detention facility or at any	13587
other detention facility.	13588

(g) If a peace officer described in division (A) of this	13589
section intends pursuant to divisions (B)(3)(a) to (g) of this	13590
section to arrest a person pursuant to division (B)(1) of this	13591
section and if the officer is unable to do so because the person	13592
is not present, the officer promptly shall seek a warrant for the	13593
arrest of the person.	13594

(h) If a peace officer described in division (A) of this	13595
section responds to a report of an alleged incident of the offense	13596
of domestic violence or an alleged incident of the offense of	13597
violating a protection order and if the circumstances of the	13598
incident involved the use or threatened use of a deadly weapon or	13599
any person involved in the incident brandished a deadly weapon	13600
during or in relation to the incident, the deadly weapon that was	13601
used, threatened to be used, or brandished constitutes contraband,	13602
and, to the extent possible, the officer shall seize the deadly	13603
weapon as contraband pursuant to Chapter 2981. of the Revised	13604
Code. Upon the seizure of a deadly weapon pursuant to division	13605
(B)(3)(h) of this section, section 2981.12 of the Revised Code	13606
shall apply regarding the treatment and disposition of the deadly	13607
weapon. For purposes of that section, the "underlying criminal	13608
offense" that was the basis of the seizure of a deadly weapon	13609
under division (B)(3)(h) of this section and to which the deadly	13610
weapon had a relationship is any of the following that is	13611
applicable:	13612

(i) The alleged incident of the offense of domestic violence	13613
or the alleged incident of the offense of violating a protection	13614
order to which the officer who seized the deadly weapon responded;	13615

(ii) Any offense that arose out of the same facts and	13616
circumstances as the report of the alleged incident of the offense	13617
of domestic violence or the alleged incident of the offense of	13618
violating a protection order to which the officer who seized the	13619
deadly weapon responded.	13620

(4) If, in the circumstances described in divisions (B)(3)(a)	13621
to (g) of this section, a peace officer described in division (A)	13622
of this section arrests and detains a person pursuant to division	13623
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	13624
this section, a peace officer described in division (A) of this	13625
section seizes a deadly weapon, the officer, to the extent	13626
described in and in accordance with section 9.86 or 2744.03 of the	13627
Revised Code, is immune in any civil action for damages for	13628
injury, death, or loss to person or property that arises from or	13629
is related to the arrest and detention or the seizure.	13630

(C) When there is reasonable ground to believe that a	13631
violation of division (A)(1), (2), (3), (4), or (5) of section	13632
4506.15 or a violation of section 4511.19 of the Revised Code has	13633
been committed by a person operating a motor vehicle subject to	13634
regulation by the public utilities commission of Ohio under Title	13635
XLIX of the Revised Code, a peace officer with authority to	13636
enforce that provision of law may stop or detain the person whom	13637
the officer has reasonable cause to believe was operating the	13638
motor vehicle in violation of the division or section and, after	13639
investigating the circumstances surrounding the operation of the	13640
vehicle, may arrest and detain the person.	13641

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	13642
municipal police officer, member of a police force employed by a	13643
metropolitan housing authority under division (D) of section	13644
3735.31 of the Revised Code, member of a police force employed by	13645
a regional transit authority under division (Y) of section 306.35	13646
of the Revised Code, special police officer employed by a port	13647
authority under section 4582.04 or 4582.28 of the Revised Code,	13648
special police officer employed by a municipal corporation at a	13649
municipal airport or other municipal air navigation facility	13650
described in division (A) of this section, township constable,	13651
police officer of a township or joint township police district,	13652
state university law enforcement officer appointed under section	13653
3345.04 of the Revised Code, peace officer of the department of	13654
natural resources, individual designated to perform law	13655
enforcement duties under section 511.232, 1545.13, or 6101.75 of	13656
the Revised Code, the house sergeant at arms if the house sergeant	13657
at arms has arrest authority pursuant to division (E)(1) of	13658
section 101.311 of the Revised Code, or an assistant house	13659
sergeant at arms is authorized by division (A) or (B) of this	13660
section to arrest and detain, within the limits of the political	13661
subdivision, metropolitan housing authority housing project,	13662
regional transit authority facilities or those areas of a	13663
municipal corporation that have been agreed to by a regional	13664
transit authority and a municipal corporation located within its	13665
territorial jurisdiction, port authority, municipal airport or	13666
other municipal air navigation facility, college, or university in	13667
which the officer is appointed, employed, or elected or within the	13668
limits of the territorial jurisdiction of the peace officer, a	13669
person until a warrant can be obtained, the peace officer, outside	13670
the limits of that territory, may pursue, arrest, and detain that	13671
person until a warrant can be obtained if all of the following	13672
apply:	13673

(1) The pursuit takes place without unreasonable delay after	13674
the offense is committed;	13675

(2) The pursuit is initiated within the limits of the	13676
political subdivision, metropolitan housing authority housing	13677
project, regional transit authority facilities or those areas of a	13678
municipal corporation that have been agreed to by a regional	13679
transit authority and a municipal corporation located within its	13680
territorial jurisdiction, port authority, municipal airport or	13681
other municipal air navigation facility, college, or university in	13682
which the peace officer is appointed, employed, or elected or	13683
within the limits of the territorial jurisdiction of the peace	13684
officer;	13685

(3) The offense involved is a felony, a misdemeanor of the	13686
first degree or a substantially equivalent municipal ordinance, a	13687
misdemeanor of the second degree or a substantially equivalent	13688
municipal ordinance, or any offense for which points are	13689
chargeable pursuant to section 4510.036 of the Revised Code.	13690

(E) In addition to the authority granted under division (A)	13691
or (B) of this section:	13692

(1) A sheriff or deputy sheriff may arrest and detain, until	13693
a warrant can be obtained, any person found violating section	13694
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	13695
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	13696
portion of any street or highway that is located immediately	13697
adjacent to the boundaries of the county in which the sheriff or	13698
deputy sheriff is elected or appointed.	13699

(2) A member of the police force of a township police	13700
district created under section 505.48 of the Revised Code, a	13701
member of the police force of a joint township police district	13702
created under section 505.481 of the Revised Code, or a township	13703
constable appointed in accordance with section 509.01 of the	13704
Revised Code, who has received a certificate from the Ohio peace	13705
officer training commission under section 109.75 of the Revised	13706
Code, may arrest and detain, until a warrant can be obtained, any	13707
person found violating any section or chapter of the Revised Code	13708
listed in division (E)(1) of this section, other than sections	13709
4513.33 and 4513.34 of the Revised Code, on the portion of any	13710
street or highway that is located immediately adjacent to the	13711
boundaries of the township police district or joint township	13712
police district, in the case of a member of a township police	13713
district or joint township police district police force, or the	13714
unincorporated territory of the township, in the case of a	13715
township constable. However, if the population of the township	13716
that created the township police district served by the member's	13717
police force, or the townships that created the joint township	13718
police district served by the member's police force, or the	13719
township that is served by the township constable, is sixty	13720
thousand or less, the member of the township police district or	13721
joint police district police force or the township constable may	13722
not make an arrest under division (E)(2) of this section on a	13723
state highway that is included as part of the interstate system.	13724

(3) A police officer or village marshal appointed, elected,	13725
or employed by a municipal corporation may arrest and detain,	13726
until a warrant can be obtained, any person found violating any	13727
section or chapter of the Revised Code listed in division (E)(1)	13728
of this section on the portion of any street or highway that is	13729
located immediately adjacent to the boundaries of the municipal	13730
corporation in which the police officer or village marshal is	13731
appointed, elected, or employed.	13732

(4) A peace officer of the department of natural resources or	13733
an individual designated to perform law enforcement duties under	13734
section 511.232, 1545.13, or 6101.75 of the Revised Code may	13735
arrest and detain, until a warrant can be obtained, any person	13736
found violating any section or chapter of the Revised Code listed	13737
in division (E)(1) of this section, other than sections 4513.33	13738
and 4513.34 of the Revised Code, on the portion of any street or	13739
highway that is located immediately adjacent to the boundaries of	13740
the lands and waters that constitute the territorial jurisdiction	13741
of the peace officer.	13742

(F)(1) A department of mental health special police officer	13743
or a department of mental retardation and developmental	13744
disabilities special police officer may arrest without a warrant	13745
and detain until a warrant can be obtained any person found	13746
committing on the premises of any institution under the	13747
jurisdiction of the particular department a misdemeanor under a	13748
law of the state.	13749

A department of mental health special police officer or a	13750
department of mental retardation and developmental disabilities	13751
special police officer may arrest without a warrant and detain	13752
until a warrant can be obtained any person who has been	13753
hospitalized, institutionalized, or confined in an institution	13754
under the jurisdiction of the particular department pursuant to or	13755
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	13756
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	13757
found committing on the premises of any institution under the	13758
jurisdiction of the particular department a violation of section	13759
2921.34 of the Revised Code that involves an escape from the	13760
premises of the institution.	13761

(2)(a) If a department of mental health special police	13762
officer or a department of mental retardation and developmental	13763
disabilities special police officer finds any person who has been	13764
hospitalized, institutionalized, or confined in an institution	13765
under the jurisdiction of the particular department pursuant to or	13766
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	13767
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	13768
violation of section 2921.34 of the Revised Code that involves an	13769
escape from the premises of the institution, or if there is	13770
reasonable ground to believe that a violation of section 2921.34	13771
of the Revised Code has been committed that involves an escape	13772
from the premises of an institution under the jurisdiction of the	13773
department of mental health or the department of mental	13774
retardation and developmental disabilities and if a department of	13775
mental health special police officer or a department of mental	13776
retardation and developmental disabilities special police officer	13777
has reasonable cause to believe that a particular person who has	13778
been hospitalized, institutionalized, or confined in the	13779
institution pursuant to or under authority of section 2945.37,	13780
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	13781
Revised Code is guilty of the violation, the special police	13782
officer, outside of the premises of the institution, may pursue,	13783
arrest, and detain that person for that violation of section	13784
2921.34 of the Revised Code, until a warrant can be obtained, if	13785
both of the following apply:	13786

(i) The pursuit takes place without unreasonable delay after	13787
the offense is committed;	13788

(ii) The pursuit is initiated within the premises of the	13789
institution from which the violation of section 2921.34 of the	13790
Revised Code occurred.	13791

(b) For purposes of division (F)(2)(a) of this section, the	13792
execution of a written statement by the administrator of the	13793
institution in which a person had been hospitalized,	13794
institutionalized, or confined pursuant to or under authority of	13795
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	13796
2945.402 of the Revised Code alleging that the person has escaped	13797
from the premises of the institution in violation of section	13798
2921.34 of the Revised Code constitutes reasonable ground to	13799
believe that the violation was committed and reasonable cause to	13800
believe that the person alleged in the statement to have committed	13801
the offense is guilty of the violation.	13802

(G) As used in this section:

13803

(1) A "department of mental health special police officer"	13804
means a special police officer of the department of mental health	13805
designated under section 5119.14 of the Revised Code who is	13806
certified by the Ohio peace officer training commission under	13807
section 109.77 of the Revised Code as having successfully	13808
completed an approved peace officer basic training program.	13809

(2) A "department of mental retardation and developmental	13810
disabilities special police officer" means a special police	13811
officer of the department of mental retardation and developmental	13812
disabilities designated under section 5123.13 of the Revised Code	13813
who is certified by the Ohio peace officer training council under	13814
section 109.77 of the Revised Code as having successfully	13815
completed an approved peace officer basic training program.	13816

(3) "Deadly weapon" has the same meaning as in section	13817
2923.11 of the Revised Code.	13818

(4) "Family or household member" has the same meaning as in	13819
section 2919.25 of the Revised Code.	13820

(5) "Street" or "highway" has the same meaning as in section	13821
4511.01 of the Revised Code.	13822

(6) "Interstate system" has the same meaning as in section	13823
5516.01 of the Revised Code.	13824

(7) "Peace officer of the department of natural resources"	13825
means an employee of the department of natural resources who is a	13826
natural resources law enforcement staff officer designated	13827
pursuant to section 1501.013 of the Revised Code, a forest officer	13828
designated pursuant to section 1503.29 of the Revised Code, a	13829
preserve officer designated pursuant to section 1517.10 of the	13830
Revised Code, a wildlife officer designated pursuant to section	13831
1531.13 of the Revised Code, a park officer designated pursuant to	13832
section 1541.10 of the Revised Code, or a state watercraft officer	13833
designated pursuant to section 1547.521 of the Revised Code.	13834

(8) "Portion of any street or highway" means all lanes of the	13835
street or highway irrespective of direction of travel, including	13836
designated turn lanes, and any berm, median, or shoulder.	13837

Sec. 3109.04. (A) In any divorce, legal separation, or	13838
annulment proceeding and in any proceeding pertaining to the	13839
allocation of parental rights and responsibilities for the care of	13840
a child, upon hearing the testimony of either or both parents and	13841
considering any mediation report filed pursuant to section	13842
3109.052 of the Revised Code and in accordance with sections	13843
3127.01 to 3127.53 of the Revised Code, the court shall allocate	13844
the parental rights and responsibilities for the care of the minor	13845
children of the marriage. Subject to division (D)(2) of this	13846
section, the court may allocate the parental rights and	13847
responsibilities for the care of the children in either of the	13848
following ways:	13849

(1) If neither parent files a pleading or motion in	13850
accordance with division (G) of this section, if at least one	13851
parent files a pleading or motion under that division but no	13852
parent who filed a pleading or motion under that division also	13853
files a plan for shared parenting, or if at least one parent files	13854
both a pleading or motion and a shared parenting plan under that	13855
division but no plan for shared parenting is in the best interest	13856
of the children, the court, in a manner consistent with the best	13857
interest of the children, shall allocate the parental rights and	13858
responsibilities for the care of the children primarily to one of	13859
the parents, designate that parent as the residential parent and	13860
the legal custodian of the child, and divide between the parents	13861
the other rights and responsibilities for the care of the	13862
children, including, but not limited to, the responsibility to	13863
provide support for the children and the right of the parent who	13864
is not the residential parent to have continuing contact with the	13865
children.	13866

(2) If at least one parent files a pleading or motion in	13867
accordance with division (G) of this section and a plan for shared	13868
parenting pursuant to that division and if a plan for shared	13869
parenting is in the best interest of the children and is approved	13870
by the court in accordance with division (D)(1) of this section,	13871
the court may allocate the parental rights and responsibilities	13872
for the care of the children to both parents and issue a shared	13873
parenting order requiring the parents to share all or some of the	13874
aspects of the physical and legal care of the children in	13875
accordance with the approved plan for shared parenting. If the	13876
court issues a shared parenting order under this division and it	13877
is necessary for the purpose of receiving public assistance, the	13878
court shall designate which one of the parents' residences is to	13879
serve as the child's home. The child support obligations of the	13880
parents under a shared parenting order issued under this division	13881
shall be determined in accordance with Chapters 3119., 3121.,	13882
3123., and 3125. of the Revised Code.	13883

(B)(1) When making the allocation of the parental rights and	13884
responsibilities for the care of the children under this section	13885
in an original proceeding or in any proceeding for modification of	13886
a prior order of the court making the allocation, the court shall	13887
take into account that which would be in the best interest of the	13888
children. In determining the child's best interest for purposes of	13889
making its allocation of the parental rights and responsibilities	13890
for the care of the child and for purposes of resolving any issues	13891
related to the making of that allocation, the court, in its	13892
discretion, may and, upon the request of either party, shall	13893
interview in chambers any or all of the involved children	13894
regarding their wishes and concerns with respect to the	13895
allocation.	13896

(2) If the court interviews any child pursuant to division	13897
(B)(1) of this section, all of the following apply:	13898

(a) The court, in its discretion, may and, upon the motion of	13899
either parent, shall appoint a guardian ad litem for the child.	13900

(b) The court first shall determine the reasoning ability of	13901
the child. If the court determines that the child does not have	13902
sufficient reasoning ability to express the child's wishes and	13903
concern with respect to the allocation of parental rights and	13904
responsibilities for the care of the child, it shall not determine	13905
the child's wishes and concerns with respect to the allocation. If	13906
the court determines that the child has sufficient reasoning	13907
ability to express the child's wishes or concerns with respect to	13908
the allocation, it then shall determine whether, because of	13909
special circumstances, it would not be in the best interest of the	13910
child to determine the child's wishes and concerns with respect to	13911
the allocation. If the court determines that, because of special	13912
circumstances, it would not be in the best interest of the child	13913
to determine the child's wishes and concerns with respect to the	13914
allocation, it shall not determine the child's wishes and concerns	13915
with respect to the allocation and shall enter its written	13916
findings of fact and opinion in the journal. If the court	13917
determines that it would be in the best interests of the child to	13918
determine the child's wishes and concerns with respect to the	13919
allocation, it shall proceed to make that determination.	13920

(c) The interview shall be conducted in chambers, and no	13921
person other than the child, the child's attorney, the judge, any	13922
necessary court personnel, and, in the judge's discretion, the	13923
attorney of each parent shall be permitted to be present in the	13924
chambers during the interview.	13925

(3) No person shall obtain or attempt to obtain from a child	13926
a written or recorded statement or affidavit setting forth the	13927
child's wishes and concerns regarding the allocation of parental	13928
rights and responsibilities concerning the child. No court, in	13929
determining the child's best interest for purposes of making its	13930
allocation of the parental rights and responsibilities for the	13931
care of the child or for purposes of resolving any issues related	13932
to the making of that allocation, shall accept or consider a	13933
written or recorded statement or affidavit that purports to set	13934
forth the child's wishes and concerns regarding those matters.	13935

(C) Prior to trial, the court may cause an investigation to	13936
be made as to the character, family relations, past conduct,	13937
earning ability, and financial worth of each parent and may order	13938
the parents and their minor children to submit to medical,	13939
psychological, and psychiatric examinations. The report of the	13940
investigation and examinations shall be made available to either	13941
parent or the parent's counsel of record not less than five days	13942
before trial, upon written request. The report shall be signed by	13943
the investigator, and the investigator shall be subject to	13944
cross-examination by either parent concerning the contents of the	13945
report. The court may tax as costs all or any part of the expenses	13946
for each investigation.	13947

If the court determines that either parent previously has	13948
been convicted of or pleaded guilty to any criminal offense	13949
involving any act that resulted in a child being a neglected	13950
child, that either parent previously has been determined to be the	13951
perpetrator of the neglectful act that is the basis of an	13952
adjudication that a child is a neglected child, or that there is	13953
reason to believe that either parent has acted in a manner	13954
resulting in a child being a neglected child, the court shall	13955
consider that fact against naming that parent the residential	13956
parent and against granting a shared parenting decree. When the	13957
court allocates parental rights and responsibilities for the care	13958
of children or determines whether to grant shared parenting in any	13959
proceeding, it shall consider whether either parent or any member	13960
of the household of either parent has been convicted of or pleaded	13961
guilty to a violation of section 2919.25 of the Revised Code or a	13962
sexually oriented offense involving a victim who at the time of	13963
the commission of the offense was a member of the family or	13964
household that is the subject of the proceeding, has been	13965
convicted of or pleaded guilty to any sexually oriented offense or	13966
other offense involving a victim who at the time of the commission	13967
of the offense was a member of the family or household that is the	13968
subject of the proceeding and caused physical harm to the victim	13969
in the commission of the offense, or has been determined to be the	13970
perpetrator of the abusive act that is the basis of an	13971
adjudication that a child is an abused child. If the court	13972
determines that either parent has been convicted of or pleaded	13973
guilty to a violation of section 2919.25 of the Revised Code or a	13974
sexually oriented offense involving a victim who at the time of	13975
the commission of the offense was a member of the family or	13976
household that is the subject of the proceeding, has been	13977
convicted of or pleaded guilty to any sexually oriented offense or	13978
other offense involving a victim who at the time of the commission	13979
of the offense was a member of the family or household that is the	13980
subject of the proceeding and caused physical harm to the victim	13981
in the commission of the offense, or has been determined to be the	13982
perpetrator of the abusive act that is the basis of an	13983
adjudication that a child is an abused child, it may designate	13984
that parent as the residential parent and may issue a shared	13985
parenting decree or order only if it determines that it is in the	13986
best interest of the child to name that parent the residential	13987
parent or to issue a shared parenting decree or order and it makes	13988
specific written findings of fact to support its determination.	13989

(D)(1)(a) Upon the filing of a pleading or motion by either	13990
parent or both parents, in accordance with division (G) of this	13991
section, requesting shared parenting and the filing of a shared	13992
parenting plan in accordance with that division, the court shall	13993
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,	13994
whichever is applicable:	13995

(i) If both parents jointly make the request in their	13996
pleadings or jointly file the motion and also jointly file the	13997
plan, the court shall review the parents' plan to determine if it	13998
is in the best interest of the children. If the court determines	13999
that the plan is in the best interest of the children, the court	14000
shall approve it. If the court determines that the plan or any	14001
part of the plan is not in the best interest of the children, the	14002
court shall require the parents to make appropriate changes to the	14003
plan to meet the court's objections to it. If changes to the plan	14004
are made to meet the court's objections, and if the new plan is in	14005
the best interest of the children, the court shall approve the	14006
plan. If changes to the plan are not made to meet the court's	14007
objections, or if the parents attempt to make changes to the plan	14008
to meet the court's objections, but the court determines that the	14009
new plan or any part of the new plan still is not in the best	14010
interest of the children, the court may reject the portion of the	14011
parents' pleadings or deny their motion requesting shared	14012
parenting of the children and proceed as if the request in the	14013
pleadings or the motion had not been made. The court shall not	14014
approve a plan under this division unless it determines that the	14015
plan is in the best interest of the children.	14016

(ii) If each parent makes a request in the parent's pleadings	14017
or files a motion and each also files a separate plan, the court	14018
shall review each plan filed to determine if either is in the best	14019
interest of the children. If the court determines that one of the	14020
filed plans is in the best interest of the children, the court may	14021
approve the plan. If the court determines that neither filed plan	14022
is in the best interest of the children, the court may order each	14023
parent to submit appropriate changes to the parent's plan or both	14024
of the filed plans to meet the court's objections, or may select	14025
one of the filed plans and order each parent to submit appropriate	14026
changes to the selected plan to meet the court's objections. If	14027
changes to the plan or plans are submitted to meet the court's	14028
objections, and if any of the filed plans with the changes is in	14029
the best interest of the children, the court may approve the plan	14030
with the changes. If changes to the plan or plans are not	14031
submitted to meet the court's objections, or if the parents submit	14032
changes to the plan or plans to meet the court's objections but	14033
the court determines that none of the filed plans with the	14034
submitted changes is in the best interest of the children, the	14035
court may reject the portion of the parents' pleadings or deny	14036
their motions requesting shared parenting of the children and	14037
proceed as if the requests in the pleadings or the motions had not	14038
been made. If the court approves a plan under this division,	14039
either as originally filed or with submitted changes, or if the	14040
court rejects the portion of the parents' pleadings or denies	14041
their motions requesting shared parenting under this division and	14042
proceeds as if the requests in the pleadings or the motions had	14043
not been made, the court shall enter in the record of the case	14044
findings of fact and conclusions of law as to the reasons for the	14045
approval or the rejection or denial. Division (D)(1)(b) of this	14046
section applies in relation to the approval or disapproval of a	14047
plan under this division.	14048

(iii) If each parent makes a request in the parent's	14049
pleadings or files a motion but only one parent files a plan, or	14050
if only one parent makes a request in the parent's pleadings or	14051
files a motion and also files a plan, the court in the best	14052
interest of the children may order the other parent to file a plan	14053
for shared parenting in accordance with division (G) of this	14054
section. The court shall review each plan filed to determine if	14055
any plan is in the best interest of the children. If the court	14056
determines that one of the filed plans is in the best interest of	14057
the children, the court may approve the plan. If the court	14058
determines that no filed plan is in the best interest of the	14059
children, the court may order each parent to submit appropriate	14060
changes to the parent's plan or both of the filed plans to meet	14061
the court's objections or may select one filed plan and order each	14062
parent to submit appropriate changes to the selected plan to meet	14063
the court's objections. If changes to the plan or plans are	14064
submitted to meet the court's objections, and if any of the filed	14065
plans with the changes is in the best interest of the children,	14066
the court may approve the plan with the changes. If changes to the	14067
plan or plans are not submitted to meet the court's objections, or	14068
if the parents submit changes to the plan or plans to meet the	14069
court's objections but the court determines that none of the filed	14070
plans with the submitted changes is in the best interest of the	14071
children, the court may reject the portion of the parents'	14072
pleadings or deny the parents' motion or reject the portion of the	14073
parents' pleadings or deny their motions requesting shared	14074
parenting of the children and proceed as if the request or	14075
requests or the motion or motions had not been made. If the court	14076
approves a plan under this division, either as originally filed or	14077
with submitted changes, or if the court rejects the portion of the	14078
pleadings or denies the motion or motions requesting shared	14079
parenting under this division and proceeds as if the request or	14080
requests or the motion or motions had not been made, the court	14081
shall enter in the record of the case findings of fact and	14082
conclusions of law as to the reasons for the approval or the	14083
rejection or denial. Division (D)(1)(b) of this section applies in	14084
relation to the approval or disapproval of a plan under this	14085
division.	14086

(b) The approval of a plan under division (D)(1)(a)(ii) or	14087
(iii) of this section is discretionary with the court. The court	14088
shall not approve more than one plan under either division and	14089
shall not approve a plan under either division unless it	14090
determines that the plan is in the best interest of the children.	14091
If the court, under either division, does not determine that any	14092
filed plan or any filed plan with submitted changes is in the best	14093
interest of the children, the court shall not approve any plan.	14094

(c) Whenever possible, the court shall require that a shared	14095
parenting plan approved under division (D)(1)(a)(i), (ii), or	14096
(iii) of this section ensure the opportunity for both parents to	14097
have frequent and continuing contact with the child, unless	14098
frequent and continuing contact with any parent would not be in	14099
the best interest of the child.	14100

(d) If a court approves a shared parenting plan under	14101
division (D)(1)(a)(i), (ii), or (iii) of this section, the	14102
approved plan shall be incorporated into a final shared parenting	14103
decree granting the parents the shared parenting of the children.	14104
Any final shared parenting decree shall be issued at the same time	14105
as and shall be appended to the final decree of dissolution,	14106
divorce, annulment, or legal separation arising out of the action	14107
out of which the question of the allocation of parental rights and	14108
responsibilities for the care of the children arose.	14109

No provisional shared parenting decree shall be issued in	14110
relation to any shared parenting plan approved under division	14111
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared	14112
parenting decree issued under this division has immediate effect	14113
as a final decree on the date of its issuance, subject to	14114
modification or termination as authorized by this section.	14115

(2) If the court finds, with respect to any child under	14116
eighteen years of age, that it is in the best interest of the	14117
child for neither parent to be designated the residential parent	14118
and legal custodian of the child, it may commit the child to a	14119
relative of the child or certify a copy of its findings, together	14120
with as much of the record and the further information, in	14121
narrative form or otherwise, that it considers necessary or as the	14122
juvenile court requests, to the juvenile court for further	14123
proceedings, and, upon the certification, the juvenile court has	14124
exclusive jurisdiction.	14125

(E)(1)(a) The court shall not modify a prior decree	14126
allocating parental rights and responsibilities for the care of	14127
children unless it finds, based on facts that have arisen since	14128
the prior decree or that were unknown to the court at the time of	14129
the prior decree, that a change has occurred in the circumstances	14130
of the child, the child's residential parent, or either of the	14131
parents subject to a shared parenting decree, and that the	14132
modification is necessary to serve the best interest of the child.	14133
In applying these standards, the court shall retain the	14134
residential parent designated by the prior decree or the prior	14135
shared parenting decree, unless a modification is in the best	14136
interest of the child and one of the following applies:	14137

(i) The residential parent agrees to a change in the	14138
residential parent or both parents under a shared parenting decree	14139
agree to a change in the designation of residential parent.	14140

(ii) The child, with the consent of the residential parent or	14141
of both parents under a shared parenting decree, has been	14142
integrated into the family of the person seeking to become the	14143
residential parent.	14144

(iii) The harm likely to be caused by a change of environment	14145
is outweighed by the advantages of the change of environment to	14146
the child.	14147

(b) One or both of the parents under a prior decree	14148
allocating parental rights and responsibilities for the care of	14149
children that is not a shared parenting decree may file a motion	14150
requesting that the prior decree be modified to give both parents	14151
shared rights and responsibilities for the care of the children.	14152
The motion shall include both a request for modification of the	14153
prior decree and a request for a shared parenting order that	14154
complies with division (G) of this section. Upon the filing of the	14155
motion, if the court determines that a modification of the prior	14156
decree is authorized under division (E)(1)(a) of this section, the	14157
court may modify the prior decree to grant a shared parenting	14158
order, provided that the court shall not modify the prior decree	14159
to grant a shared parenting order unless the court complies with	14160
divisions (A) and (D)(1) of this section and, in accordance with	14161
those divisions, approves the submitted shared parenting plan and	14162
determines that shared parenting would be in the best interest of	14163
the children.	14164

(2) In addition to a modification authorized under division	14165
(E)(1) of this section:	14166

(a) Both parents under a shared parenting decree jointly may	14167
modify the terms of the plan for shared parenting approved by the	14168
court and incorporated by it into the shared parenting decree.	14169
Modifications under this division may be made at any time. The	14170
modifications to the plan shall be filed jointly by both parents	14171
with the court, and the court shall include them in the plan,	14172
unless they are not in the best interest of the children. If the	14173
modifications are not in the best interests of the children, the	14174
court, in its discretion, may reject the modifications or make	14175
modifications to the proposed modifications or the plan that are	14176
in the best interest of the children. Modifications jointly	14177
submitted by both parents under a shared parenting decree shall be	14178
effective, either as originally filed or as modified by the court,	14179
upon their inclusion by the court in the plan. Modifications to	14180
the plan made by the court shall be effective upon their inclusion	14181
by the court in the plan.	14182

(b) The court may modify the terms of the plan for shared	14183
parenting approved by the court and incorporated by it into the	14184
shared parenting decree upon its own motion at any time if the	14185
court determines that the modifications are in the best interest	14186
of the children or upon the request of one or both of the parents	14187
under the decree. Modifications under this division may be made at	14188
any time. The court shall not make any modification to the plan	14189
under this division, unless the modification is in the best	14190
interest of the children.	14191

(c) The court may terminate a prior final shared parenting	14192
decree that includes a shared parenting plan approved under	14193
division (D)(1)(a)(i) of this section upon the request of one or	14194
both of the parents or whenever it determines that shared	14195
parenting is not in the best interest of the children. The court	14196
may terminate a prior final shared parenting decree that includes	14197
a shared parenting plan approved under division (D)(1)(a)(ii) or	14198
(iii) of this section if it determines, upon its own motion or	14199
upon the request of one or both parents, that shared parenting is	14200
not in the best interest of the children. If modification of the	14201
terms of the plan for shared parenting approved by the court and	14202
incorporated by it into the final shared parenting decree is	14203
attempted under division (E)(2)(a) of this section and the court	14204
rejects the modifications, it may terminate the final shared	14205
parenting decree if it determines that shared parenting is not in	14206
the best interest of the children.	14207

(d) Upon the termination of a prior final shared parenting	14208
decree under division (E)(2)(c) of this section, the court shall	14209
proceed and issue a modified decree for the allocation of parental	14210
rights and responsibilities for the care of the children under the	14211
standards applicable under divisions (A), (B), and (C) of this	14212
section as if no decree for shared parenting had been granted and	14213
as if no request for shared parenting ever had been made.	14214

(F)(1) In determining the best interest of a child pursuant	14215
to this section, whether on an original decree allocating parental	14216
rights and responsibilities for the care of children or a	14217
modification of a decree allocating those rights and	14218
responsibilities, the court shall consider all relevant factors,	14219
including, but not limited to:	14220

(a) The wishes of the child's parents regarding the child's	14221
care;	14222

(b) If the court has interviewed the child in chambers	14223
pursuant to division (B) of this section regarding the child's	14224
wishes and concerns as to the allocation of parental rights and	14225
responsibilities concerning the child, the wishes and concerns of	14226
the child, as expressed to the court;	14227

(c) The child's interaction and interrelationship with the	14228
child's parents, siblings, and any other person who may	14229
significantly affect the child's best interest;	14230

(d) The child's adjustment to the child's home, school, and	14231
community;	14232

(e) The mental and physical health of all persons involved in	14233
the situation;	14234

(f) The parent more likely to honor and facilitate	14235
court-approved parenting time rights or visitation and	14236
companionship rights;	14237

(g) Whether either parent has failed to make all child	14238
support payments, including all arrearages, that are required of	14239
that parent pursuant to a child support order under which that	14240
parent is an obligor;	14241

(h) Whether either parent or any member of the household of	14242
either parent previously has been convicted of or pleaded guilty	14243
to any criminal offense involving any act that resulted in a child	14244
being an abused child or a neglected child; whether either parent,	14245
in a case in which a child has been adjudicated an abused child or	14246
a neglected child, previously has been determined to be the	14247
perpetrator of the abusive or neglectful act that is the basis of	14248
an adjudication; whether either parent or any member of the	14249
household of either parent previously has been convicted of or	14250
pleaded guilty to a violation of section 2919.25 of the Revised	14251
Code or a sexually oriented offense involving a victim who at the	14252
time of the commission of the offense was a member of the family	14253
or household that is the subject of the current proceeding;	14254
whether either parent or any member of the household of either	14255
parent previously has been convicted of or pleaded guilty to any	14256
offense involving a victim who at the time of the commission of	14257
the offense was a member of the family or household that is the	14258
subject of the current proceeding and caused physical harm to the	14259
victim in the commission of the offense; and whether there is	14260
reason to believe that either parent has acted in a manner	14261
resulting in a child being an abused child or a neglected child;	14262

(i) Whether the residential parent or one of the parents	14263
subject to a shared parenting decree has continuously and	14264
willfully denied the other parent's right to parenting time in	14265
accordance with an order of the court;	14266

(j) Whether either parent has established a residence, or is	14267
planning to establish a residence, outside this state.	14268

(2) In determining whether shared parenting is in the best	14269
interest of the children, the court shall consider all relevant	14270
factors, including, but not limited to, the factors enumerated in	14271
division (F)(1) of this section, the factors enumerated in section	14272
3119.23 of the Revised Code, and all of the following factors:	14273

(a) The ability of the parents to cooperate and make	14274
decisions jointly, with respect to the children;	14275

(b) The ability of each parent to encourage the sharing of	14276
love, affection, and contact between the child and the other	14277
parent;	14278

(c) Any history of, or potential for, child abuse, spouse	14279
abuse, other domestic violence, or parental kidnapping by either	14280
parent;	14281

(d) The geographic proximity of the parents to each other, as	14282
the proximity relates to the practical considerations of shared	14283
parenting;	14284

(e) The recommendation of the guardian ad litem of the child,	14285
if the child has a guardian ad litem.	14286

(3) When allocating parental rights and responsibilities for	14287
the care of children, the court shall not give preference to a	14288
parent because of that parent's financial status or condition.	14289

(G) Either parent or both parents of any children may file a	14290
pleading or motion with the court requesting the court to grant	14291
both parents shared parental rights and responsibilities for the	14292
care of the children in a proceeding held pursuant to division (A)	14293
of this section. If a pleading or motion requesting shared	14294
parenting is filed, the parent or parents filing the pleading or	14295
motion also shall file with the court a plan for the exercise of	14296
shared parenting by both parents. If each parent files a pleading	14297
or motion requesting shared parenting but only one parent files a	14298
plan or if only one parent files a pleading or motion requesting	14299
shared parenting and also files a plan, the other parent as	14300
ordered by the court shall file with the court a plan for the	14301
exercise of shared parenting by both parents. The plan for shared	14302
parenting shall be filed with the petition for dissolution of	14303
marriage, if the question of parental rights and responsibilities	14304
for the care of the children arises out of an action for	14305
dissolution of marriage, or, in other cases, at a time at least	14306
thirty days prior to the hearing on the issue of the parental	14307
rights and responsibilities for the care of the children. A plan	14308
for shared parenting shall include provisions covering all factors	14309
that are relevant to the care of the children, including, but not	14310
limited to, provisions covering factors such as physical living	14311
arrangements, child support obligations, provision for the	14312
children's medical and dental care, school placement, and the	14313
parent with which the children will be physically located during	14314
legal holidays, school holidays, and other days of special	14315
importance.	14316

(H) If an appeal is taken from a decision of a court that	14317
grants or modifies a decree allocating parental rights and	14318
responsibilities for the care of children, the court of appeals	14319
shall give the case calendar priority and handle it expeditiously.	14320

(I) Upon receipt of an order to active military service in	14321
the uniformed services, a parent who is subject to an order	14322
allocating parental rights and responsibilities or in relation to	14323
whom an action to allocate parental rights and responsibilities is	14324
pending and who is ordered to active military service shall notify	14325
the other parent who is subject to the order or in relation to	14326
whom the case is pending of the order to active military service.	14327
Either parent may apply to the court for a hearing to expedite an	14328
allocation or modification proceeding. The application shall	14329
include the date on which the active military service begins.	14330

The court shall schedule a hearing upon receipt of the	14331
application and hold the hearing not later than thirty days after	14332
receipt of the application, except that the court shall give the	14333
case calendar priority and handle the case expeditiously if	14334
exigent circumstances exist in the case.	14335

The court shall not modify a prior decree allocating parental	14336
rights and responsibilities unless the court determines by clear	14337
and convincing evidence that there has been a change in	14338
circumstances of the child, the child's residential parent, or	14339
either of the parents subject to a shared parenting decree, and	14340
that modification is necessary to serve the best interest of the	14341
child. The court shall not consider active military service in the	14342
uniformed services in determining whether a change in	14343
circumstances exists under this section.	14344

Nothing in this division shall prevent a court from issuing a	14345
temporary order allocating or modifying parental rights and	14346
responsibilities for the duration of the parent's active military	14347
service.	14348

(J) As used in this section:

14349

(1) "Abused child" has the same meaning as in section	14350
2151.031 of the Revised Code~~, and "neglected~~.	14351

(2) "Active military service" means the performance of active	14352
military duty by a member of the uniformed services for a period	14353
of more than thirty days.	14354

(3) "Neglected child" has the same meaning as in section	14355
2151.03 of the Revised Code.	14356

~~(2)~~(4) "Sexually oriented offense" has the same meaning as in	14357
section 2950.01 of the Revised Code.	14358

(5) "Uniformed services" means the United States armed	14359
forces, army national guard and air national guard when engaged in	14360
active duty for training, or the commissioned corps of the United	14361
States public health service.	14362

~~(J)~~(K) As used in the Revised Code, "shared parenting" means	14363
that the parents share, in the manner set forth in the plan for	14364
shared parenting that is approved by the court under division	14365
(D)(1) and described in division ~~(K)~~(L)(6) of this section, all or	14366
some of the aspects of physical and legal care of their children.	14367

~~(K)~~(L) For purposes of the Revised Code:

14368

(1) A parent who is granted the care, custody, and control of	14369
a child under an order that was issued pursuant to this section	14370
prior to April 11, 1991, and that does not provide for shared	14371
parenting has "custody of the child" and "care, custody, and	14372
control of the child" under the order, and is the "residential	14373
parent," the "residential parent and legal custodian," or the	14374
"custodial parent" of the child under the order.	14375

(2) A parent who primarily is allocated the parental rights	14376
and responsibilities for the care of a child and who is designated	14377
as the residential parent and legal custodian of the child under	14378
an order that is issued pursuant to this section on or after April	14379
11, 1991, and that does not provide for shared parenting has	14380
"custody of the child" and "care, custody, and control of the	14381
child" under the order, and is the "residential parent," the	14382
"residential parent and legal custodian," or the "custodial	14383
parent" of the child under the order.	14384

(3) A parent who is not granted custody of a child under an	14385
order that was issued pursuant to this section prior to April 11,	14386
1991, and that does not provide for shared parenting is the	14387
"parent who is not the residential parent," the "parent who is not	14388
the residential parent and legal custodian," or the "noncustodial	14389
parent" of the child under the order.	14390

(4) A parent who is not primarily allocated the parental	14391
rights and responsibilities for the care of a child and who is not	14392
designated as the residential parent and legal custodian of the	14393
child under an order that is issued pursuant to this section on or	14394
after April 11, 1991, and that does not provide for shared	14395
parenting is the "parent who is not the residential parent," the	14396
"parent who is not the residential parent and legal custodian," or	14397
the "noncustodial parent" of the child under the order.	14398

(5) Unless the context clearly requires otherwise, if an	14399
order is issued by a court pursuant to this section and the order	14400
provides for shared parenting of a child, both parents have	14401
"custody of the child" or "care, custody, and control of the	14402
child" under the order, to the extent and in the manner specified	14403
in the order.	14404

(6) Unless the context clearly requires otherwise and except	14405
as otherwise provided in the order, if an order is issued by a	14406
court pursuant to this section and the order provides for shared	14407
parenting of a child, each parent, regardless of where the child	14408
is physically located or with whom the child is residing at a	14409
particular point in time, as specified in the order, is the	14410
"residential parent," the "residential parent and legal	14411
custodian," or the "custodial parent" of the child.	14412

(7) Unless the context clearly requires otherwise and except	14413
as otherwise provided in the order, a designation in the order of	14414
a parent as the residential parent for the purpose of determining	14415
the school the child attends, as the custodial parent for purposes	14416
of claiming the child as a dependent pursuant to section 152(e) of	14417
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	14418
1, as amended, or as the residential parent for purposes of	14419
receiving public assistance pursuant to division (A)(2) of this	14420
section, does not affect the designation pursuant to division	14421
~~(K)~~(L)(6) of this section of each parent as the "residential	14422
parent," the "residential parent and legal custodian," or the	14423
"custodial parent" of the child.	14424

~~(L)~~(M) The court shall require each parent of a child to file	14425
an affidavit attesting as to whether the parent, and the members	14426
of the parent's household, have been convicted of or pleaded	14427
guilty to any of the offenses identified in divisions (C) and	14428
(F)(1)(h) of this section.	14429

Sec. 3109.041. (A) Parties to any custody decree issued	14430
pursuant to section 3109.04 of the Revised Code prior to ~~the~~	14431
~~effective date of this amendment~~April 11, 1991, may file a motion	14432
with the court that issued the decree requesting the issuance of a	14433
shared parenting decree in accordance with division (G) of section	14434
3109.04 of the Revised Code. Upon the filing of the motion, the	14435
court shall determine whether to grant the parents shared rights	14436
and responsibilities for the care of the children in accordance	14437
with divisions (A), (D)(1), ~~and~~ (E)(1), and (I) of section 3109.04	14438
of the Revised Code.	14439

(B) A custody decree issued pursuant to section 3109.04 of	14440
the Revised Code prior to ~~the effective date of this amendment~~	14441
April 11, 1991, that granted joint care, custody, and control of	14442
the children to the parents shall not be affected or invalidated	14443
by, and shall not be construed as being affected or invalidated	14444
by, the provisions of section 3109.04 of the Revised Code relative	14445
to the granting of a shared parenting decree or a decree	14446
allocating parental rights and responsibilities for the care of	14447
children on and after ~~the effective date of this amendment~~April	14448
11, 1991. The decree issued prior to ~~the effective date of this~~	14449
~~amendment~~April 11, 1991 shall remain in full force and effect,	14450
subject to modification or termination pursuant to section 3109.04	14451
of the Revised Code as that section exists on and after ~~the~~	14452
~~effective date of this amendment~~April 11, 1991.	14453

(C) As used in this section, "joint custody" and "joint care,	14454
custody, and control" have the same meaning as "shared parenting."	14455

Sec. 3119.022. When a court or child support enforcement	14456
agency calculates the amount of child support to be paid pursuant	14457
to a child support order in a proceeding in which one parent is	14458
the residential parent and legal custodian of all of the children	14459
who are the subject of the child support order or in which the	14460
court issues a shared parenting order, the court or agency shall	14461
use a worksheet identical in content and form to the following:	14462

CHILD SUPPORT COMPUTATION WORKSHEET

14463

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER

14464

Name of parties ................................................

14465

Case No. .......................................................

14466

Number of minor children .......................................

14467

The following parent was designated as residential parent and	14468
legal custodian: ...... mother ...... father ...... shared	14469

		Column I	Column II	Column III	14470
		Father	Mother	Combined	14471
INCOME:					14472
1.a.	Annual gross income from				14473
	employment or, when				14474
	determined appropriate				14475
	by the court or agency,				14476
	average annual gross income				14477
	from employment over a				14478
	reasonable period of years.				14479
	(Exclude overtime, bonuses,				14480
	self-employment income, or				14481
	commissions)...............	$......	$......		14482
b.	Amount of overtime,				14483
	bonuses, and commissions				14484
	(year 1 representing the				14485
	most recent year)				14486

Father	Mother	14487
Yr. 3 $..........	Yr. 3 $..........	14488
(Three years ago)	(Three years ago)	14489
Yr. 2 $..........	Yr. 2 $..........	14490
(Two years ago)	(Two years ago)	14491
Yr. 1 $..........	Yr. 1 $..........	14492
(Last calendar year)	(Last calendar year)	14493
Average $.........	Average $.........	14494

	(Include in Col. I and/or				14495
	Col. II the average of the				14496
	three years or the year 1				14497
	amount, whichever is less,				14498
	if there exists a reasonable				14499
	expectation that the total				14500
	earnings from overtime and/or				14501
	bonuses during the current				14502
	calendar year will meet or				14503
	exceed the amount that is				14504
	the lower of the average				14505
	of the three years or the				14506
	year 1 amount. If, however,				14507
	there exists a reasonable				14508
	expectation that the total				14509
	earnings from overtime/				14510
	bonuses during the current				14511
	calendar year will be less				14512
	than the lower of the average				14513
	of the 3 years or the year 1				14514
	amount, include only the				14515
	amount reasonably expected				14516
	to be earned this year.)...	$......	$......		14517
					14518
2.	For self-employment income:				14519
a.	Gross receipts from				14520
	business...................	$......	$......		14521
b.	Ordinary and necessary				14522
	business expenses..........	$......	$......		14523
c.	5.6% of adjusted gross				14524
	income or the actual				14525
	marginal difference between				14526
	the actual rate paid by the				14527
	self-employed individual				14528
	and the F.I.C.A. rate .....	$......	$......		14529
d.	Adjusted gross income from				14530
	self-employment (subtract				14531
	the sum of 2b and 2c from				14532
	2a)........................	$......	$......		14533
					14534
3.	Annual income from interest				14535
	and dividends (whether or				14536
	not taxable)...............	$......	$......		14537
					14538
4.	Annual income from				14539
	unemployment compensation...	$......	$......		14540
					14541
5.	Annual income from workers'				14542
	compensation, disability				14543
	insurance benefits, or social				14544
	security disability/				14545
	retirement benefits........	$......	$......		14546
					14547
6.	Other annual income				14548
	(identify).................	$......	$......		14549
					14550
7.a.	Total annual gross income				14551
	(add lines 1a, 1b, 2d, and				14552
	3-6).......................	$......	$......		14553
b.	Health care maximum (multiply				14554
	line 7a by 5%)	$......	$......		14555
					14556
ADJUSTMENTS TO INCOME:					14557
8.	Adjustment for minor children				14558
	born to or adopted by either				14559
	parent and another parent who				14560
	are living with this parent;				14561
	adjustment does not apply				14562
	to stepchildren (number of				14563
	children times federal income				14564
	tax exemption less child				14565
	support received, not to				14566
	exceed the federal tax				14567
	exemption).................	$......	$......		14568
					14569
9.	Annual court-ordered support				14570
	paid for other children....	$......	$......		14571
					14572
10.	Annual court-ordered spousal				14573
	support paid to any spouse				14574
	or former spouse...........	$......	$......		14575
					14576
11.	Amount of local income taxes				14577
	actually paid or estimated				14578
	to be paid.................	$......	$......		14579
					14580
12.	Mandatory work-related				14581
	deductions such as union				14582
	dues, uniform fees, etc.				14583
	(not including taxes, social				14584
	security, or retirement)...	$......	$......		14585
					14586
13.	Total gross income				14587
	adjustments (add lines				14588
	8 through 12)..............	$......	$......		14589
					14590
14.	Adjusted annual gross				14591
	income (subtract line 13				14592
	from line 7a)..............	$......	$......		14593
					14594
15.	Combined annual income that				14595
	is basis for child support				14596
	order (add line 14, Col. I				14597
	and Col. II)................			$......	14598
					14599
16.	Percentage of parent's				14600
	income to total income				14601
a.	Father (divide line 14,				14602
	Col. I, by line 15, Col.				14603
	III).......................%				14604
b.	Mother (divide line 14,				14605
	Col. II, by line 15, Col.				14606
	III).......................%				14607
					14608
17.	Basic combined child				14609
	support obligation (refer				14610
	to schedule, first column,				14611
	locate the amount nearest				14612
	to the amount on line 15,				14613
	Col. III, then refer to				14614
	column for number of				14615
	children in this family.				14616
	If the income of the				14617
	parents is more than one				14618
	sum but less than another,				14619
	you may calculate the				14620
	difference.)...............			$......	14621
					14622
18.	Annual support obligation per parent				14623
a.	Father (multiply line 17,				14624
	Col. III, by line 16a).....	$......			14625
b.	Mother (multiply line 17,				14626
	Col. III, by line 16b).....		$......		14627
					14628
19.	Annual child care expenses				14629
	for children who are the				14630
	subject of this order that				14631
	are work-, employment				14632
	training-, or education-				14633
	related, as approved by				14634
	the court or agency				14635
	(deduct tax credit from				14636
	annual cost, whether or				14637
	not claimed)..............	$......	$......		14638
					14639
20.	~~Marginal, out-of-pocket~~				14640
	~~costs, necessary to provide~~				14641
	~~for health insurance for~~				14642
	~~the children who are the~~				14643
	~~subject of this order~~				14644
	Actual out-of-pocket				14645
	health insurance cost				14646
	to parent for the children				14647
	who are the subject of				14648
	this order, if the parent				14649
	is ordered to provide				14650
	health insurance ........	$......	$......		14651
					14652
21.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:					14653

	Father (only if obligor		Mother (only if obligor	14654
	or shared parenting)		or shared parenting)	14655
a.	Additions: line 16a	b.	Additions: line 16b	14656
	times sum of amounts		times sum of amounts	14657
	shown on line 19, Col. II		shown on line 19, Col. I	14658
	and line 20, Col. II		and line 20, Col. I	14659
	$......................		$......................	14660
c.	Subtractions: line 16b	d.	Subtractions: line 16a	14661
	times sum of amounts		times sum of amounts	14662
	shown on line 19, Col. I		shown on line 19, Col. II	14663
	and line 20, Col. I		and line 20, Col. II	14664
	$.......................		$.......................	14665

				14666
22.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			14667
a.	Father: line 18a plus or			14668
	minus the difference between			14669
	line 21a minus line 21c			14670
		$......		14671
b.	Mother: line 18b plus or			14672
	minus the difference between			14673
	line 21b minus line 21d			14674
			$......	14675
				14676
23.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:				14677
a.	(Line 22a or 22b, whichever			14678
	line corresponds to the			14679
	parent who is the obligor).	$......		14680
b.	Any non-means-tested			14681
	benefits, including social			14682
	security and veterans'			14683
	benefits, paid to and			14684
	received by a child or a			14685
	person on behalf of the			14686
	child due to death,			14687
	disability, or retirement			14688
	of the parent...............	$......		14689
c.	Actual annual obligation			14690
	(subtract line 23b from			14691
	line 23a)...................	$......		14692
				14693
24.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			14694

	Father (only if obligor		Mother (only if obligor	14695
	or shared parenting)		or shared parenting)	14696
a.	Additions: line 16a times	b.	Additions: line 16b times	14697
	amount shown on line 19,		amount shown on line 19,	14698
	Col. II		Col. I	14699
	$......................		$......................	14700
c.	Subtractions: line 16b	d.	Subtractions: line 16a	14701
	times amount shown on		times amount shown on	14702
	line 19, Col. I		line 19, Col. II	14703
	$.......................		$.......................	14704
				14705

25.	OBLIGATION AFTER ADJUSTMENTS TO CHILD SUPPORT			14706
	WHEN HEALTH INSURANCE IS NOT PROVIDED:			14707
a.	Father: line 18a plus or minus the difference between line 24a minus line 24c			14708
		$......		14709
b.	Mother: line 18b plus or minus the difference between line 24b and 24d			14710
			$......	14711
				14712
26.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			14713
a.	(Line 25a or 25b, whichever line corresponds to the parent who is the			14714
	obligor)	$......		14715
b.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child or a person on behalf of the child due to death, disability, or retirement of the			14716
	parent	$......		14717
c.	Actual annual obligation (subtract line 26b from line			14718
	26a	$......		14719

		14720
27.a.	Deviation from sole residential parent support amount shown	14721
	on line 23c if amount would be unjust or inappropriate: (see	14722
	section 3119.23 of the Revised Code.) (Specific facts and	14723
	monetary value must be stated.)	14724
		14725
		14726
		14727
		14728
b.	Deviation from shared parenting order: (see sections 3119.23	14729
	and 3119.24 of the Revised Code.) (Specific facts including	14730
	amount of time children spend with each parent, ability of	14731
	each parent to maintain adequate housing for children, and	14732
	each parent's expenses for children must be stated to justify	14733
	deviation.)	14734
		14735
		14736
		14737
		14738

		WHEN HEALTH INSURANCE IS PROVIDED	WHEN HEALTH INSURANCE IS NOT PROVIDED		14739
25 28.	FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I, enter line 23c plus or minus any amounts indicated in line ~~24a~~ 27a or ~~24b~~ 27b; in Col. II, enter line 26c plus or minus any amounts indicated in line 27a or 27b)				14740
		$......	$......	Father/Mother, OBLIGOR	14741
					14742
26 29.	FOR DECREE: Child support per month (divide obligor's annual share, line 25 28, by 12) plus any processing charge				14743
		$......	$......		14744
					14745
30.	FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's child support amount from				14746
	line 7b		$......		14747
					14748
31.	FOR DECREE: Cash medical support per month (divide				14749
	line 30 by 12)		$......		14750

Prepared by:		14751
Counsel: ....................	Pro se: .................	14752
(For mother/father)		14753
CSEA: .......................	Other: ..................	14754

Worksheet Has Been Reviewed and Agreed To:

14755

...........................	...........................	14756
Mother	Date	14757
...........................	...........................	14758
Father	Date	14759

Sec. 3119.023. When a court or child support enforcement	14760
agency calculates the amount of child support to be paid pursuant	14761
to a court child support order in a proceeding in which the	14762
parents have split parental rights and responsibilities with	14763
respect to the children who are the subject of the child support	14764
order, the court or child support enforcement agency shall use a	14765
worksheet that is identical in content and form to the following:	14766

CHILD SUPPORT COMPUTATION WORKSHEET

14767

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES

14768

Name of parties ................................................

14769

Case No. .......................................................

14770

Number of minor children .......................................

14771

Number of minor children with mother .......... father .........

14772

		Column I	Column II	Column III	14773
		Father	Mother	Combined	14774
INCOME:					14775
1.a.	Annual gross income from				14776
	employment or, when				14777
	determined appropriate				14778
	by the court or agency,				14779
	average annual gross income				14780
	from employment over a				14781
	reasonable period of years.				14782
	(Exclude overtime, bonuses,				14783
	self-employment income, or				14784
	commissions)...............	$......	$......		14785
b.	Amount of overtime,				14786
	bonuses, and commissions				14787
	(year 1 representing the				14788
	most recent year)				14789

Father	Mother	14790
Yr. 3 $..........	Yr. 3 $..........	14791
(Three years ago)	(Three years ago)	14792
Yr. 2 $..........	Yr. 2 $..........	14793
(Two years ago)	(Two years ago)	14794
Yr. 1 $..........	Yr. 1 $..........	14795
(Last calendar year)	(Last calendar year)	14796
Average $..........	$............	14797

	(Include in Col. I and/or				14798
	Col. II the average of the				14799
	three years or the year 1				14800
	amount, whichever is less,				14801
	if there exists a reasonable				14802
	expectation that the total				14803
	earnings from overtime and/or				14804
	bonuses during the current				14805
	calendar year will meet or				14806
	exceed the amount that is				14807
	the lower of the average				14808
	of the three years or the				14809
	year 1 amount. If, however,				14810
	there exists a reasonable				14811
	expectation that the total				14812
	earnings from overtime/				14813
	bonuses during the current				14814
	calendar year will be less				14815
	than the lower of the average				14816
	of the 3 years or the year 1				14817
	amount, include only the				14818
	amount reasonably expected				14819
	to be earned this year.)...	$......	$......		14820
					14821
2.	For self-employment income				14822
a.	Gross receipts from				14823
	business...................	$......	$......		14824
b.	Ordinary and necessary				14825
	business expenses..........	$......	$......		14826
c.	5.6% of adjusted gross				14827
	income or the actual				14828
	marginal difference between				14829
	the actual rate paid by the				14830
	self-employed individual				14831
	and the F.I.C.A. rate .....	$......	$......		14832
d.	Adjusted gross income from				14833
	self-employment (subtract				14834
	the sum of 2b and 2c from				14835
	2a)........................	$......	$......		14836
					14837
3.	Annual income from interest				14838
	and dividends (whether or				14839
	not taxable)...............	$......	$......		14840
					14841
4.	Annual income from				14842
	unemployment compensation...	$......	$......		14843
					14844
5.	Annual income from workers'				14845
	compensation, disability				14846
	insurance benefits or social				14847
	security disability				14848
	retirement benefits........	$......	$......		14849
					14850
6.	Other annual income				14851
	(identify).................	$......	$......		14852
					14853
7.a.	Total annual gross income				14854
	(add lines 1a, 1b, 2d, and				14855
	3-6).......................	$......	$......		14856
b.	Health care maximum				14857
	(multiply line 7a				14858
	by 5%)	$......	$......		14859
					14860
ADJUSTMENTS TO INCOME:					14861
8.	Adjustment for minor children				14862
	born to or adopted by either				14863
	parent and another parent who				14864
	are living with this parent;				14865
	adjustment does not apply				14866
	to stepchildren (number of				14867
	children times federal income				14868
	tax exemption less child				14869
	support received, not to				14870
	exceed the federal tax				14871
	exemption).................	$......	$......		14872
					14873
9.	Annual court-ordered support				14874
	paid for other children....	$......	$......		14875
					14876
10.	Annual court-ordered spousal				14877
	support paid to any spouse				14878
	or former spouse...........	$......	$......		14879
					14880
11.	Amount of local income taxes				14881
	actually paid or estimated				14882
	to be paid.................	$......	$......		14883
					14884
12.	Mandatory work-related				14885
	deductions such as union				14886
	dues, uniform fees, etc.				14887
	(not including taxes, social				14888
	security, or retirement)...	$......	$......		14889
					14890
13.	Total gross income				14891
	adjustments (add lines				14892
	8 through 12)..............	$......	$......		14893
					14894
14.	Adjusted annual gross				14895
	income (subtract line 13				14896
	from 7a)....................	$......	$......		14897
					14898
15.	Combined annual income that				14899
	is basis for child support				14900
	order (add line 14, Col. I				14901
	and Col. II)................			$......	14902
					14903
16.	Percentage of parent's				14904
	income to total income				14905
a.	Father (divide line 14,				14906
	Col. I, by line 15, Col.				14907
	III).......................%				14908
b.	Mother (divide line 14,				14909
	Col. II, by line 15, Col.				14910
	III).......................%				14911
					14912
17.	Basic combined child				14913
	support obligation (refer				14914
	to schedule, first column,				14915
	locate the amount nearest				14916
	to the amount on line 15,				14917
	Col. III, then refer to				14918
	column for number of				14919
	children with this parent.				14920
	If the income of the				14921
	parents is more than one				14922
	sum but less than another,				14923
	you may calculate the				14924
	difference)................				14925
					14926

For children	For children	14927
for whom the	for whom the	14928
mother is the	father is the	14929
residential	residential	14930
parent and	parent and	14931
legal custodian	legal custodian	14932
$............	$............	14933

				14934
18.	Annual support obligation per parent				14935
a.	Of father for children for				14936
	whom mother is the				14937
	residential parent and				14938
	legal custodian (multiply				14939
	line 17, Col. I, by line				14940
	16a).......................	$......			14941
b.	Of mother for children for				14942
	whom the father is the				14943
	residential parent and				14944
	legal custodian (multiply				14945
	line 17, Col. II, by line				14946
	16b).......................		$......		14947
					14948
19.	Annual child care expenses				14949
	for children who are the				14950
	subject of this order that				14951
	are work-, employment				14952
	training-, or education-				14953
	related, as approved by				14954
	the court or agency				14955
	(deduct tax credit from				14956
	annual cost whether or				14957
	not claimed)...............	Paid by	Paid by		14958
		father	mother		14959
		$......	$......		14960
					14961
20.	~~Marginal, out-of-pocket~~				14962
	~~costs, necessary to provide~~				14963
	~~for health insurance for~~				14964
	~~the children who are the~~				14965
	~~subject of this order........~~				14966
	Actual out-of-pocket health insurance cost to parent for children who are the subject of this order, if the parent is ordered to provide health				14967
	insurance	Paid by	Paid by		14968
		father	mother		14969
		$......	$......		14970
					14971
21.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:				14972

	Father		Mother	14973
a.	Additions: line 16a	b.	Additions: line 16b	14974
	times sum of amounts		times sum of amounts	14975
	shown on line 19, Col. II		shown on line 19, Col. I	14976
	and line 20, Col. II		and line 20, Col. I	14977
	$......................		$......................	14978
c.	Subtractions: line 16b	d.	Subtractions: line 16a	14979
	times sum of amounts		times sum of amounts	14980
	shown on line 19, Col. I		shown on line 19, Col. II	14981
	and line 20, Col. I		and line 20, Col. II	14982
	$.......................		$.......................	14983

				14984
22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			14985
a.	Father: line 18a plus line			14986
	21a minus line 21c (if the			14987
	amount on line 21c is			14988
	greater than or equal to			14989
	the amount on line 21a--			14990
	enter the number on line			14991
	18a in Col. I)..............	$......		14992
b.	Any non-means-tested			14993
	benefits, including social			14994
	security and veterans'			14995
	benefits, paid to and			14996
	received by children for			14997
	whom the mother is the			14998
	residential parent and			14999
	legal custodian or a person			15000
	on behalf of those children			15001
	due to death, disability,			15002
	or retirement of the			15003
	father.....................	$......		15004
c.	Actual annual obligation of			15005
	father (subtract line 22b			15006
	from line 22a).............	$......		15007
d.	Mother: line 18b plus line			15008
	21b minus line 21d (if the			15009
	amount on line 21d is			15010
	greater than or equal to			15011
	the amount on line			15012
	21b--enter the number on			15013
	line 18b in Col. II).......		$......	15014
e.	Any non-means-tested			15015
	benefits, including social			15016
	security and veterans'			15017
	benefits, paid to and			15018
	received by children for			15019
	whom the father is the			15020
	residential parent and			15021
	legal custodian or a person			15022
	on behalf of those children			15023
	due to death, disability,			15024
	or retirement of the			15025
	mother......................		$......	15026
f.	Actual annual obligation			15027
	of mother (subtract line 22e			15028
	from line 22d)..............		$......	15029
g.	Actual annual obligation			15030
	payable (subtract lesser			15031
	actual annual obligation			15032
	from greater actual annual			15033
	obligation using amounts in			15034
	lines 22c and 22f to			15035
	determine net child support			15036
	payable)....................	$......	$......	15037
				15038
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			15039

	Father		Mother	15040
a.	Additions: line 16a times amount shown on line 19, Col. II	b.	Additions: line 16b times amount shown on line 19, Col. I	15041
	$..........		$..........	15042
c.	Subtractions: line 16b times amount shown on line 19, Col. I	d.	Subtractions: line 16a times amount shown on line 19, Col. II	15043
	$..........		$..........	15044

				15045
24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			15046
a.	Father: line 18a plus line 23a minus line 23c (if the amount on line 23c is greater than or equal to the amount on line 23a, enter the number on line 18a in			15047
	Col. I)	$......		15048
b.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the mother is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or			15049
	retirement of the father	$......		15050
c.	Actual annual obligation of the father (subtract line 24b			15051
	from line 24a)	$......		15052
d.	Mother: line 18b plus line 23b minus 23d (if the amount on line 23d is greater than or equal to the amount on line 23b, enter the number on line 18b in Col. II)			15053
			$......	15054
e.	Any non-means-tested benefits, including social security and veterans' benefits, paid to and received by a child for whom the father is the residential parent and legal custodian, or a person on behalf of the child, due to death, disability, or retirement of the mother			15055
			$......	15056
f.	Actual annual obligation of the mother (subtract line 24e			15057
	from line 24d)		$......	15058
g.	Actual annual obligation payable (subtract lesser actual annual obligation from greater annual obligation of parents using amounts in lines 24c and 24f to determine net child support payable)			15059
		$......	$......	15060
h.	Add line 7b, Col. I, to line 24g, Col. I, when father is the obligor or line 7b, Col. II, to line 24g, Col. II, when mother is obligor			15061
		$......	$......	15062

		15063
25.	Deviation from split residential parent guideline amount shown on line 22c ~~or 22f~~, 22f, 24c, or 24f if amount would be unjust or inappropriate: (see section 3119.23 of the Revised Code.) (Specific facts and monetary value must be stated.)	15064
		15065
		15066
		15067
		15068

		WHEN HEALTH INSURANCE IS PROVIDED	WHEN HEALTH INSURANCE IS NOT PROVIDED		15069
24 26.	FINAL CHILD SUPPORT FIGURE: (This amount reflects final annual child support obligation; in Col. I enter line 22g plus or minus any amounts indicated in line 23 25, or in Col. II enter line 24h plus or minus any amounts indicated on line 25.)				15070
		$......	$......	Father/Mother, OBLIGOR	15071
					15072
25 27.	FOR DECREE: Child support per month (divide obligor's annual share, line 24 26, by 12) plus any processing charge				15073
		$......	$......		15074
					15075
28.	FINAL CASH MEDICAL SUPPORT FIGURE: (this amount reflects the final, annual cash medical support to be paid by the obligor when neither parent provides health insurance coverage for the child; enter obligor's child support from line 7b)				15076
			$......		15077
					15078
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				15079
			$......		15080

Prepared by:		15081
Counsel: ....................	Pro se: .................	15082
(For mother/father)		15083
CSEA: .......................	Other: ..................	15084

Worksheet Has Been Reviewed and Agreed To:

15085

...........................	...........................	15086
Mother	Date	15087
...........................	...........................	15088
Father	Date	15089

Sec. 3119.27. (A) A court that issues or modifies a court	15090
support order, or an administrative agency that issues or modifies	15091
an administrative child support order, shall impose on the obligor	15092
under the support order a processing charge that is the greater of	15093
two per cent of the support payment to be collected under a	15094
support order or one dollar per month. No court or agency may call	15095
the charge a poundage fee.	15096

(B) In each child support case that is a Title IV-D case, the	15097
department of job and family services shall claim twenty-five	15098
dollars from the processing charge described in division (A) of	15099
this section for federal reporting purposes if the obligee has	15100
never received assistance under Title IV-A and the department has	15101
collected at least five hundred dollars of child support for the	15102
obligee. The director of job and family services shall adopt rules	15103
under Chapter 119. of the Revised Code to implement this division,	15104
and the department shall implement this division not later than	15105
March 31, 2008.	15106

15107

(1) "Annual" means the period as defined in regulations	15108
issued by the United States secretary of health and human services	15109
to implement the Deficit Reduction Act of 2005 (P.L. 109-171).	15110

(2) "Title IV-A" has the same meaning as in section 5107.02	15111
of the Revised Code.	15112

(3) "Title IV-D case" has the same meaning as in section	15113
3125.01 of the Revised Code.	15114

Sec. 3119.29. (A) As used in this section and sections	15115
3119.30 to 3119.56 of the Revised Code:	15116

~~(A)~~(1) "Cash medical support" means an amount ordered to be	15117
paid in a child support order toward the cost of health insurance	15118
provided by a public entity, another parent, or person with whom	15119
the child resides, through employment or otherwise, or for other	15120
medical cost not covered by insurance.	15121

(2) "Federal poverty line" has the same meaning as defined in	15122
section 5104.01 of the Revised Code.	15123

(3) "Health care" means such medical support that includes	15124
coverage under a health insurance plan, payment of costs of	15125
premiums, co-payments, and deductibles, or payment for medical	15126
expenses incurred on behalf of the child.	15127

(4) "Health insurance coverage" means accessible health	15128
insurance that provides primary care services within either thirty	15129
miles or thirty minutes driving time from the residence of the	15130
child subject to the child support order.	15131

(5) "Health plan administrator" means any entity authorized	15132
under Title XXXIX of the Revised Code to engage in the business of	15133
insurance in this state, any health insuring corporation, any	15134
legal entity that is self-insured and provides benefits to its	15135
employees or members, and the administrator of any such entity or	15136
corporation.	15137

~~(B)~~(6) "National medical support notice" means a form	15138
required by the "Child Support Performance and Incentive Act of	15139
1998," P.L. 105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as	15140
amended, and jointly developed and promulgated by the secretary of	15141
health and human services and the secretary of labor in federal	15142
regulations adopted under that act as modified by the department	15143
of job and family services under section 3119.291 of the Revised	15144
Code.	15145

~~(C)~~(7) "Person required to provide health insurance coverage"	15146
means the obligor, obligee, or both, required by the court under a	15147
court child support order or by the child support enforcement	15148
agency under an administrative child support order to provide	15149
health insurance coverage pursuant to section 3119.30 of the	15150
Revised Code.	15151

(8) Subject to division (B) of this section, "reasonable	15152
cost" means the cost of private family health insurance that does	15153
not exceed an amount equal to five per cent of the annual gross	15154
income of the person responsible for the health care of the	15155
children subject to the child support order.	15156

(9) "Title XIX" has the same meaning as defined in section	15157
5111.20 of the Revised Code.	15158

(B) If the United States secretary of health and human	15159
services issues a regulation defining "reasonable cost" or a	15160
similar term or phrase relevant to the provisions in child support	15161
orders relating to the provision of health care for children	15162
subject to the orders, and if that definition is substantively	15163
different from the meaning of "reasonable cost" as defined in	15164
division (A) of this section, "reasonable cost" as used in this	15165
section shall have the meaning as defined by the United States	15166
secretary of health and human services.	15167

Sec. 3119.30. (A) In any action or proceeding in which a	15168
child support order is issued or modified, the court, with respect	15169
to court child support orders, and the child support enforcement	15170
agency, with respect to administrative child support orders, shall	15171
determine the person responsible for the health care of the	15172
children subject to the child support order. The determination	15173
shall be based on information provided to the court or to the	15174
child support enforcement agency under section 3119.31 of the	15175
Revised Code. The order shall include ~~one of the following~~:	15176

~~(A) A requirement that the obligor under the child support~~	15177
~~order obtain health insurance coverage for the children if~~	15178
~~coverage is available at a reasonable cost through a group policy,~~	15179
~~contract, or plan offered by the obligor's employer or through any~~	15180
~~other group policy, contract, or plan available to the obligor and~~	15181
~~is not available for a more reasonable cost through a group~~	15182
~~policy, contract, or plan available to the obligee;~~	15183

~~(B)~~(1) A requirement that the obligee obtain health insurance	15184
coverage for the children if coverage is available ~~through a group~~	15185
~~policy, contract, or plan offered by the obligee's employer or~~	15186
through any ~~other~~ group policy, contract, or plan available to the	15187
obligee and is available at a more reasonable cost than coverage	15188
is available to the obligor;	15189

~~(C)~~(2) A requirement that the obligor under the child support	15190
order obtain health insurance coverage for the children if	15191
coverage is available at a reasonable cost through any group	15192
policy, contract, or plan available to the obligor and, in the	15193
alternative, if the court or child support enforcement agency	15194
determines that health insurance coverage is not available at a	15195
reasonable cost to the obligee or obligor, and that the gross	15196
income of the obligor is over one hundred fifty per cent of the	15197
federal poverty line, pay cash medical support that is five per	15198
cent of the obligor's annual gross income to either the office of	15199
child support in the department of job and family services to	15200
defray the cost of expenditures under Title XIX to provide health	15201
care for the children, or the obligee if the children are not	15202
receiving assistance under Title XIX;	15203

(3) If health insurance coverage for the children is not	15204
available at a reasonable cost ~~through a group policy, contract,~~	15205
~~or plan offered by the obligor's or obligee's employer or through~~	15206
~~any~~ ~~other~~ group policy, contract, or plan available to the obligor	15207
or the obligee, ~~a requirement~~ that the obligor and the obligee	15208
share liability for the cost of the ~~medical and~~ health care needs	15209
of the children, under an equitable formula established by the	15210
court, with respect to a court child support order, or the child	15211
support enforcement agency, with respect to an administrative	15212
child support order, with appropriate offset of the amount of any	15213
cash medical payment ordered pursuant to division (A)(2) of this	15214
section, and a requirement that if, after the issuance of the	15215
order, health insurance coverage for the children becomes	15216
available at a reasonable cost ~~through a group policy, contract,~~	15217
~~or plan offered by the obligor's or obligee's employer or~~ through	15218
any ~~other~~ group policy, contract, or plan available to the obligor	15219
or obligee, the obligor or obligee to whom the coverage becomes	15220
available immediately inform the court, with respect to a court	15221
child support order, or the child support enforcement agency, with	15222
respect to an administrative child support order;	15223

~~(D)~~(4) A requirement that both the obligor and the obligee	15224
obtain health insurance coverage for the children if coverage is	15225
available for the children at a reasonable cost to both the	15226
obligor and the obligee and dual coverage would provide for	15227
coordination of medical benefits without unnecessary duplication	15228
of coverage.	15229

(B) The court, with respect to court child support orders,	15230
and the child support enforcement agency, with respect to	15231
administrative child support orders, may determine and include in	15232
an order issued under division (A) of this section that longer	15233
travel times are permissible if residents in part or all of the	15234
service area customarily travel distances farther than thirty	15235
miles or thirty minutes driving time or that primary care services	15236
are accessible only by public transportation.	15237

Sec. 3123.23. (A) The director of job and family services	15238
shall adopt rules under Chapter 119. of the Revised Code to	15239
implement a program to collect arrearages owed under child support	15240
orders from insurance claims, settlements, awards, and payments	15241
based on information obtained pursuant to Title IV-D of the Social	15242
Security Act, 42 U.S.C. 652.	15243

(B) Any insurer and any director, agent, or employee	15244
authorized to act on behalf of an insurer, that releases	15245
information or makes a disclosure in accordance with rules adopted	15246
pursuant to this section shall be immune from liability in a civil	15247
action for harm resulting from the disclosure.	15248

(C) As used in this section, "insurer" has the same meaning	15249
as in section 3901.32 of the Revised Code.	15250

Sec. 3125.12. Each child support enforcement agency shall	15251
enter into a plan of cooperation with the board of county	15252
commissioners under section 307.983 of the Revised Code and comply	15253
with each ~~fiscal~~grant agreement the board enters into under	15254
~~section~~sections 307.98 and 5101.21 and contracts the board enters	15255
into under sections 307.981 and 307.982 of the Revised Code that	15256
affect the agency.	15257

Sec. 3301.0711. (A) The department of education shall:

15258

(1) Annually furnish to, grade, and score all tests required	15259
by section 3301.0710 of the Revised Code to be administered by	15260
city, local, exempted village, and joint vocational school	15261
districts, except that each district shall score any test	15262
administered pursuant to division (B)(10) of this section. Each	15263
test so furnished shall include the data verification code of the	15264
student to whom the test will be administered, as assigned	15265
pursuant to division (D)(2) of section 3301.0714 of the Revised	15266
Code. In furnishing the practice versions of Ohio graduation tests	15267
prescribed by division (F) of section 3301.0710 of the Revised	15268
Code, the department shall make the tests available on its web	15269
site for reproduction by districts. In awarding contracts for	15270
grading tests, the department shall give preference to Ohio-based	15271
entities employing Ohio residents.	15272

(2) Adopt rules for the ethical use of tests and prescribing	15273
the manner in which the tests prescribed by section 3301.0710 of	15274
the Revised Code shall be administered to students.	15275

(B) Except as provided in divisions (C) and (J) of this	15276
section, the board of education of each city, local, and exempted	15277
village school district shall, in accordance with rules adopted	15278
under division (A) of this section:	15279

(1) Administer the reading test prescribed under division	15280
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	15281
to all students in the third grade who have not attained the score	15282
designated for that test under division (A)(2)(c) of section	15283
3301.0710 of the Revised Code.	15284

(2) Administer the mathematics test prescribed under division	15285
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	15286
annually to all students in the third grade.	15287

(3) Administer the tests prescribed under division (A)(1)(b)	15288
of section 3301.0710 of the Revised Code at least once annually to	15289
all students in the fourth grade.	15290

(4) Administer the tests prescribed under division (A)(1)(c)	15291
of section 3301.0710 of the Revised Code at least once annually to	15292
all students in the fifth grade.	15293

(5) Administer the tests prescribed under division (A)(1)(d)	15294
of section 3301.0710 of the Revised Code at least once annually to	15295
all students in the sixth grade.	15296

(6) Administer the tests prescribed under division (A)(1)(e)	15297
of section 3301.0710 of the Revised Code at least once annually to	15298
all students in the seventh grade.	15299

(7) Administer the tests prescribed under division (A)(1)(f)	15300
of section 3301.0710 of the Revised Code at least once annually to	15301
all students in the eighth grade.	15302

(8) Except as provided in division (B)(9) of this section,	15303
administer any test prescribed under division (B) of section	15304
3301.0710 of the Revised Code as follows:	15305

(a) At least once annually to all tenth grade students and at	15306
least twice annually to all students in eleventh or twelfth grade	15307
who have not yet attained the score on that test designated under	15308
that division;	15309

(b) To any person who has successfully completed the	15310
curriculum in any high school or the individualized education	15311
program developed for the person by any high school pursuant to	15312
section 3323.08 of the Revised Code but has not received a high	15313
school diploma and who requests to take such test, at any time	15314
such test is administered in the district.	15315

(9) In lieu of the board of education of any city, local, or	15316
exempted village school district in which the student is also	15317
enrolled, the board of a joint vocational school district shall	15318
administer any test prescribed under division (B) of section	15319
3301.0710 of the Revised Code at least twice annually to any	15320
student enrolled in the joint vocational school district who has	15321
not yet attained the score on that test designated under that	15322
division. A board of a joint vocational school district may also	15323
administer such a test to any student described in division	15324
(B)(8)(b) of this section.	15325

(10) If the district has been declared to be under an	15326
academic watch or in a state of academic emergency pursuant to	15327
section 3302.03 of the Revised Code or has a three-year average	15328
graduation rate of not more than seventy-five per cent, administer	15329
each test prescribed by division (F) of section 3301.0710 of the	15330
Revised Code in September to all ninth grade students, beginning	15331
in the school year that starts July 1, 2005.	15332

(C)(1)(a) Any student receiving special education services	15333
under Chapter 3323. of the Revised Code may be excused from taking	15334
any particular test required to be administered under this section	15335
if the individualized education program developed for the student	15336
pursuant to section 3323.08 of the Revised Code excuses the	15337
student from taking that test and instead specifies an alternate	15338
assessment method approved by the department of education as	15339
conforming to requirements of federal law for receipt of federal	15340
funds for disadvantaged pupils. To the extent possible, the	15341
individualized education program shall not excuse the student from	15342
taking a test unless no reasonable accommodation can be made to	15343
enable the student to take the test.	15344

(b) Any alternate assessment approved by the department for a	15345
student under this division shall produce measurable results	15346
comparable to those produced by the tests which the alternate	15347
assessments are replacing in order to allow for the student's	15348
assessment results to be included in the data compiled for a	15349
school district or building under section 3302.03 of the Revised	15350
Code.	15351

(c) Any student enrolled in a chartered nonpublic school who	15352
has been identified, based on an evaluation conducted in	15353
accordance with section 3323.03 of the Revised Code or section 504	15354
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	15355
794, as amended, as a child with a disability shall be excused	15356
from taking any particular test required to be administered under	15357
this section if a plan developed for the student pursuant to rules	15358
adopted by the state board excuses the student from taking that	15359
test. In the case of any student so excused from taking a test,	15360
the chartered nonpublic school shall not prohibit the student from	15361
taking the test.	15362

(2) A district board may, for medical reasons or other good	15363
cause, excuse a student from taking a test administered under this	15364
section on the date scheduled, but any such test shall be	15365
administered to such excused student not later than nine days	15366
following the scheduled date. The board shall annually report the	15367
number of students who have not taken one or more of the tests	15368
required by this section to the state board of education not later	15369
than the thirtieth day of June.	15370

(3) As used in this division, "limited English proficient	15371
student" has the same meaning as in 20 U.S.C. 7801.	15372

No school district board shall excuse any limited English	15373
proficient student from taking any particular test required to be	15374
administered under this section, except that any limited English	15375
proficient student who has been enrolled in United States schools	15376
for less than one full school year shall not be required to take	15377
any such reading or writing test. However, no board shall prohibit	15378
a limited English proficient student who is not required to take a	15379
test under this division from taking the test. A board may permit	15380
any limited English proficient student to take any test required	15381
to be administered under this section with appropriate	15382
accommodations, as determined by the department. For each limited	15383
English proficient student, each school district shall annually	15384
assess that student's progress in learning English, in accordance	15385
with procedures approved by the department.	15386

The governing authority of a chartered nonpublic school may	15387
excuse a limited English proficient student from taking any test	15388
administered under this section. However, no governing authority	15389
shall prohibit a limited English proficient student from taking	15390
the test.	15391

(D)(1) In the school year next succeeding the school year in	15392
which the tests prescribed by division (A)(1) or (B) of section	15393
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	15394
or (B) of section 3301.0710 of the Revised Code as it existed	15395
prior to September 11, 2001, are administered to any student, the	15396
board of education of any school district in which the student is	15397
enrolled in that year shall provide to the student intervention	15398
services commensurate with the student's test performance,	15399
including any intensive intervention required under section	15400
3313.608 of the Revised Code, in any skill in which the student	15401
failed to demonstrate at least a score at the proficient level on	15402
the test.	15403

(2) Following any administration of the tests prescribed by	15404
division (F) of section 3301.0710 of the Revised Code to ninth	15405
grade students, each school district that has a three-year average	15406
graduation rate of not more than seventy-five per cent shall	15407
determine for each high school in the district whether the school	15408
shall be required to provide intervention services to any students	15409
who took the tests. In determining which high schools shall	15410
provide intervention services based on the resources available,	15411
the district shall consider each school's graduation rate and	15412
scores on the practice tests. The district also shall consider the	15413
scores received by ninth grade students on the reading and	15414
mathematics tests prescribed under division (A)(1)(f) of section	15415
3301.0710 of the Revised Code in the eighth grade in determining	15416
which high schools shall provide intervention services.	15417

Each high school selected to provide intervention services	15418
under this division shall provide intervention services to any	15419
student whose test results indicate that the student is failing to	15420
make satisfactory progress toward being able to attain scores at	15421
the proficient level on the Ohio graduation tests. Intervention	15422
services shall be provided in any skill in which a student	15423
demonstrates unsatisfactory progress and shall be commensurate	15424
with the student's test performance. Schools shall provide the	15425
intervention services prior to the end of the school year, during	15426
the summer following the ninth grade, in the next succeeding	15427
school year, or at any combination of those times.	15428

(E) Except as provided in section 3313.608 of the Revised	15429
Code and division (M) of this section, no school district board of	15430
education shall utilize any student's failure to attain a	15431
specified score on any test administered under this section as a	15432
factor in any decision to deny the student promotion to a higher	15433
grade level. However, a district board may choose not to promote	15434
to the next grade level any student who does not take any test	15435
administered under this section or make up such test as provided	15436
by division (C)(2) of this section and who is not exempt from the	15437
requirement to take the test under division (C)(3) of this	15438
section.	15439

(F) No person shall be charged a fee for taking any test	15440
administered under this section.	15441

(G)(1) Each school district board shall ~~submit~~designate one	15442
location for the collection of tests administered in the spring	15443
under division (B)(1) of this section and the tests administered	15444
under divisions (B)(2) to (7) of this section. Each district board	15445
shall submit the tests to the entity with which the department	15446
contracts for the scoring of the tests as follows:	15447

(a) If the district's total enrollment in grades kindergarten	15448
through twelve during the first full school week of October was	15449
less than two thousand five hundred, not later than the Friday	15450
after the tests are administered~~, except that~~;	15451

(b) If the district's total enrollment in grades kindergarten	15452
through twelve during the first full school week of October was	15453
two thousand five hundred or more, but less than seven thousand,	15454
not later than the Monday after the tests are administered;	15455

(c) If the district's total enrollment in grades kindergarten	15456
through twelve during the first full school week of October was	15457
seven thousand or more, not later than the Tuesday after the tests	15458
are administered.	15459

However, any such test that a student takes during the	15460
make-up period described in division (C)(2) of this section shall	15461
be submitted not later than the Friday following the day the	15462
student takes the test.	15463

(2) The department or an entity with which the department	15464
contracts for the scoring of the test shall send to each school	15465
district board a list of the individual test scores of all persons	15466
taking any test prescribed by division (A)(1) or (B) of section	15467
3301.0710 of the Revised Code within sixty days after its	15468
administration, but in no case shall the scores be returned later	15469
than the fifteenth day of June following the administration. For	15470
any tests administered under this section by a joint vocational	15471
school district, the department or entity shall also send to each	15472
city, local, or exempted village school district a list of the	15473
individual test scores of any students of such city, local, or	15474
exempted village school district who are attending school in the	15475
joint vocational school district.	15476

(H) Individual test scores on any tests administered under	15477
this section shall be released by a district board only in	15478
accordance with section 3319.321 of the Revised Code and the rules	15479
adopted under division (A) of this section. No district board or	15480
its employees shall utilize individual or aggregate test results	15481
in any manner that conflicts with rules for the ethical use of	15482
tests adopted pursuant to division (A) of this section.	15483

(I) Except as provided in division (G) of this section, the	15484
department or an entity with which the department contracts for	15485
the scoring of the test shall not release any individual test	15486
scores on any test administered under this section. The state	15487
board of education shall adopt rules to ensure the protection of	15488
student confidentiality at all times. The rules may require the	15489
use of the data verification codes assigned to students pursuant	15490
to division (D)(2) of section 3301.0714 of the Revised Code to	15491
protect the confidentiality of student test scores.	15492

(J) Notwithstanding division (D) of section 3311.52 of the	15493
Revised Code, this section does not apply to the board of	15494
education of any cooperative education school district except as	15495
provided under rules adopted pursuant to this division.	15496

(1) In accordance with rules that the state board of	15497
education shall adopt, the board of education of any city,	15498
exempted village, or local school district with territory in a	15499
cooperative education school district established pursuant to	15500
divisions (A) to (C) of section 3311.52 of the Revised Code may	15501
enter into an agreement with the board of education of the	15502
cooperative education school district for administering any test	15503
prescribed under this section to students of the city, exempted	15504
village, or local school district who are attending school in the	15505
cooperative education school district.	15506

(2) In accordance with rules that the state board of	15507
education shall adopt, the board of education of any city,	15508
exempted village, or local school district with territory in a	15509
cooperative education school district established pursuant to	15510
section 3311.521 of the Revised Code shall enter into an agreement	15511
with the cooperative district that provides for the administration	15512
of any test prescribed under this section to both of the	15513
following:	15514

(a) Students who are attending school in the cooperative	15515
district and who, if the cooperative district were not	15516
established, would be entitled to attend school in the city,	15517
local, or exempted village school district pursuant to section	15518
3313.64 or 3313.65 of the Revised Code;	15519

(b) Persons described in division (B)(8)(b) of this section.

15520

Any testing of students pursuant to such an agreement shall	15521
be in lieu of any testing of such students or persons pursuant to	15522
this section.	15523

(K)(1) Any chartered nonpublic school may participate in the	15524
testing program by administering any of the tests prescribed by	15525
section 3301.0710 or 3301.0712 of the Revised Code if the chief	15526
administrator of the school specifies which tests the school	15527
wishes to administer. Such specification shall be made in writing	15528
to the superintendent of public instruction prior to the first day	15529
of August of any school year in which tests are administered and	15530
shall include a pledge that the nonpublic school will administer	15531
the specified tests in the same manner as public schools are	15532
required to do under this section and rules adopted by the	15533
department.	15534

(2) The department of education shall furnish the tests	15535
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	15536
to any chartered nonpublic school electing to participate under	15537
this division.	15538

(L)(1) The superintendent of the state school for the blind	15539
and the superintendent of the state school for the deaf shall	15540
administer the tests described by section 3301.0710 of the Revised	15541
Code. Each superintendent shall administer the tests in the same	15542
manner as district boards are required to do under this section	15543
and rules adopted by the department of education and in conformity	15544
with division (C)(1)(a) of this section.	15545

(2) The department of education shall furnish the tests	15546
described by section 3301.0710 of the Revised Code to each	15547
superintendent.	15548

(M) Notwithstanding division (E) of this section, a school	15549
district may use a student's failure to attain a score in at least	15550
the basic range on the mathematics test described by division	15551
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	15552
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	15553
of section 3301.0710 of the Revised Code as a factor in retaining	15554
that student in the current grade level.	15555

(N)(1) In the manner specified in divisions (N)(3) to (5) of	15556
this section, the tests required by section 3301.0710 of the	15557
Revised Code shall become public records pursuant to section	15558
149.43 of the Revised Code on the first day of July following the	15559
school year that the test was administered.	15560

(2) The department may field test proposed test questions	15561
with samples of students to determine the validity, reliability,	15562
or appropriateness of test questions for possible inclusion in a	15563
future year's test. The department also may use anchor questions	15564
on tests to ensure that different versions of the same test are of	15565
comparable difficulty.	15566

Field test questions and anchor questions shall not be	15567
considered in computing test scores for individual students. Field	15568
test questions and anchor questions may be included as part of the	15569
administration of any test required by section 3301.0710 of the	15570
Revised Code.	15571

(3) Any field test question or anchor question administered	15572
under division (N)(2) of this section shall not be a public	15573
record. Such field test questions and anchor questions shall be	15574
redacted from any tests which are released as a public record	15575
pursuant to division (N)(1) of this section.	15576

(4) This division applies to the tests prescribed by division	15577
(A) of section 3301.0710 of the Revised Code.	15578

(a) The first administration of each test, as specified in	15579
section 3301.0712 of the Revised Code, shall be a public record.	15580

(b) For subsequent administrations of each test, not less	15581
than forty per cent of the questions on the test that are used to	15582
compute a student's score shall be a public record. The department	15583
shall determine which questions will be needed for reuse on a	15584
future test and those questions shall not be public records and	15585
shall be redacted from the test prior to its release as a public	15586
record. However, for each redacted question, the department shall	15587
inform each city, local, and exempted village school district of	15588
the statewide academic standard adopted by the state board of	15589
education under section 3301.079 of the Revised Code and the	15590
corresponding benchmark to which the question relates. The	15591
preceding sentence does not apply to field test questions that are	15592
redacted under division (N)(3) of this section.	15593

(5) Each test prescribed by division (B) of section 3301.0710	15594
of the Revised Code that is administered in the spring shall be a	15595
public record. Each test prescribed by that division that is	15596
administered in the fall or summer shall not be a public record.	15597

(O) As used in this section:

15598

(1) "Three-year average" means the average of the most recent	15599
consecutive three school years of data.	15600

(2) "Dropout" means a student who withdraws from school	15601
before completing course requirements for graduation and who is	15602
not enrolled in an education program approved by the state board	15603
of education or an education program outside the state. "Dropout"	15604
does not include a student who has departed the country.	15605

(3) "Graduation rate" means the ratio of students receiving a	15606
diploma to the number of students who entered ninth grade four	15607
years earlier. Students who transfer into the district are added	15608
to the calculation. Students who transfer out of the district for	15609
reasons other than dropout are subtracted from the calculation. If	15610
a student who was a dropout in any previous year returns to the	15611
same school district, that student shall be entered into the	15612
calculation as if the student had entered ninth grade four years	15613
before the graduation year of the graduating class that the	15614
student joins.	15615

Sec. 3301.0714. (A) The state board of education shall adopt	15616
rules for a statewide education management information system. The	15617
rules shall require the state board to establish guidelines for	15618
the establishment and maintenance of the system in accordance with	15619
this section and the rules adopted under this section. The	15620
guidelines shall include:	15621

(1) Standards identifying and defining the types of data in	15622
the system in accordance with divisions (B) and (C) of this	15623
section;	15624

(2) Procedures for annually collecting and reporting the data	15625
to the state board in accordance with division (D) of this	15626
section;	15627

(3) Procedures for annually compiling the data in accordance	15628
with division (G) of this section;	15629

(4) Procedures for annually reporting the data to the public	15630
in accordance with division (H) of this section.	15631

(B) The guidelines adopted under this section shall require	15632
the data maintained in the education management information system	15633
to include at least the following:	15634

(1) Student participation and performance data, for each	15635
grade in each school district as a whole and for each grade in	15636
each school building in each school district, that includes:	15637

(a) The numbers of students receiving each category of	15638
instructional service offered by the school district, such as	15639
regular education instruction, vocational education instruction,	15640
specialized instruction programs or enrichment instruction that is	15641
part of the educational curriculum, instruction for gifted	15642
students, instruction for handicapped students, and remedial	15643
instruction. The guidelines shall require instructional services	15644
under this division to be divided into discrete categories if an	15645
instructional service is limited to a specific subject, a specific	15646
type of student, or both, such as regular instructional services	15647
in mathematics, remedial reading instructional services,	15648
instructional services specifically for students gifted in	15649
mathematics or some other subject area, or instructional services	15650
for students with a specific type of handicap. The categories of	15651
instructional services required by the guidelines under this	15652
division shall be the same as the categories of instructional	15653
services used in determining cost units pursuant to division	15654
(C)(3) of this section.	15655

(b) The numbers of students receiving support or	15656
extracurricular services for each of the support services or	15657
extracurricular programs offered by the school district, such as	15658
counseling services, health services, and extracurricular sports	15659
and fine arts programs. The categories of services required by the	15660
guidelines under this division shall be the same as the categories	15661
of services used in determining cost units pursuant to division	15662
(C)(4)(a) of this section.	15663

(c) Average student grades in each subject in grades nine	15664
through twelve;	15665

(d) Academic achievement levels as assessed by the testing of	15666
student achievement under sections 3301.0710 and 3301.0711 of the	15667
Revised Code;	15668

(e) The number of students designated as having a	15669
handicapping condition pursuant to division (C)(1) of section	15670
3301.0711 of the Revised Code;	15671

(f) The numbers of students reported to the state board	15672
pursuant to division (C)(2) of section 3301.0711 of the Revised	15673
Code;	15674

(g) Attendance rates and the average daily attendance for the	15675
year. For purposes of this division, a student shall be counted as	15676
present for any field trip that is approved by the school	15677
administration.	15678

(h) Expulsion rates;

15679

(i) Suspension rates;

15680

(j) The percentage of students receiving corporal punishment;

15681

(k) Dropout rates;

15682

(l) Rates of retention in grade;

15683

(m) For pupils in grades nine through twelve, the average	15684
number of carnegie units, as calculated in accordance with state	15685
board of education rules;	15686

(n) Graduation rates, to be calculated in a manner specified	15687
by the department of education that reflects the rate at which	15688
students who were in the ninth grade three years prior to the	15689
current year complete school and that is consistent with	15690
nationally accepted reporting requirements;	15691

(o) Results of diagnostic assessments administered to	15692
kindergarten students as required under section 3301.0715 of the	15693
Revised Code to permit a comparison of the academic readiness of	15694
kindergarten students. However, no district shall be required to	15695
report to the department the results of any diagnostic assessment	15696
administered to a kindergarten student if the parent of that	15697
student requests the district not to report those results.	15698

(2) Personnel and classroom enrollment data for each school	15699
district, including:	15700

(a) The total numbers of licensed employees and nonlicensed	15701
employees and the numbers of full-time equivalent licensed	15702
employees and nonlicensed employees providing each category of	15703
instructional service, instructional support service, and	15704
administrative support service used pursuant to division (C)(3) of	15705
this section. The guidelines adopted under this section shall	15706
require these categories of data to be maintained for the school	15707
district as a whole and, wherever applicable, for each grade in	15708
the school district as a whole, for each school building as a	15709
whole, and for each grade in each school building.	15710

(b) The total number of employees and the number of full-time	15711
equivalent employees providing each category of service used	15712
pursuant to divisions (C)(4)(a) and (b) of this section, and the	15713
total numbers of licensed employees and nonlicensed employees and	15714
the numbers of full-time equivalent licensed employees and	15715
nonlicensed employees providing each category used pursuant to	15716
division (C)(4)(c) of this section. The guidelines adopted under	15717
this section shall require these categories of data to be	15718
maintained for the school district as a whole and, wherever	15719
applicable, for each grade in the school district as a whole, for	15720
each school building as a whole, and for each grade in each school	15721
building.	15722

(c) The total number of regular classroom teachers teaching	15723
classes of regular education and the average number of pupils	15724
enrolled in each such class, in each of grades kindergarten	15725
through five in the district as a whole and in each school	15726
building in the school district.	15727

(d) The number of master teachers employed by each school	15728
district and each school building, once a definition of master	15729
teacher has been developed by the educator standards board	15730
pursuant to section 3319.61 of the Revised Code.	15731

(3)(a) Student demographic data for each school district,	15732
including information regarding the gender ratio of the school	15733
district's pupils, the racial make-up of the school district's	15734
pupils, the number of limited English proficient students in the	15735
district, and an appropriate measure of the number of the school	15736
district's pupils who reside in economically disadvantaged	15737
households. The demographic data shall be collected in a manner to	15738
allow correlation with data collected under division (B)(1) of	15739
this section. Categories for data collected pursuant to division	15740
(B)(3) of this section shall conform, where appropriate, to	15741
standard practices of agencies of the federal government.	15742

(b) With respect to each student entering kindergarten,	15743
whether the student previously participated in a public preschool	15744
program, a private preschool program, or a head start program, and	15745
the number of years the student participated in each of these	15746
programs.	15747

(4) Any data required to be collected pursuant to federal	15748
law.	15749

(C) The education management information system shall include	15750
cost accounting data for each district as a whole and for each	15751
school building in each school district. The guidelines adopted	15752
under this section shall require the cost data for each school	15753
district to be maintained in a system of mutually exclusive cost	15754
units and shall require all of the costs of each school district	15755
to be divided among the cost units. The guidelines shall require	15756
the system of mutually exclusive cost units to include at least	15757
the following:	15758

(1) Administrative costs for the school district as a whole.	15759
The guidelines shall require the cost units under this division	15760
(C)(1) to be designed so that each of them may be compiled and	15761
reported in terms of average expenditure per pupil in formula ADM	15762
in the school district, as determined pursuant to section 3317.03	15763
of the Revised Code.	15764

(2) Administrative costs for each school building in the	15765
school district. The guidelines shall require the cost units under	15766
this division (C)(2) to be designed so that each of them may be	15767
compiled and reported in terms of average expenditure per	15768
full-time equivalent pupil receiving instructional or support	15769
services in each building.	15770

(3) Instructional services costs for each category of	15771
instructional service provided directly to students and required	15772
by guidelines adopted pursuant to division (B)(1)(a) of this	15773
section. The guidelines shall require the cost units under	15774
division (C)(3) of this section to be designed so that each of	15775
them may be compiled and reported in terms of average expenditure	15776
per pupil receiving the service in the school district as a whole	15777
and average expenditure per pupil receiving the service in each	15778
building in the school district and in terms of a total cost for	15779
each category of service and, as a breakdown of the total cost, a	15780
cost for each of the following components:	15781

(a) The cost of each instructional services category required	15782
by guidelines adopted under division (B)(1)(a) of this section	15783
that is provided directly to students by a classroom teacher;	15784

(b) The cost of the instructional support services, such as	15785
services provided by a speech-language pathologist, classroom	15786
aide, multimedia aide, or librarian, provided directly to students	15787
in conjunction with each instructional services category;	15788

(c) The cost of the administrative support services related	15789
to each instructional services category, such as the cost of	15790
personnel that develop the curriculum for the instructional	15791
services category and the cost of personnel supervising or	15792
coordinating the delivery of the instructional services category.	15793

(4) Support or extracurricular services costs for each	15794
category of service directly provided to students and required by	15795
guidelines adopted pursuant to division (B)(1)(b) of this section.	15796
The guidelines shall require the cost units under division (C)(4)	15797
of this section to be designed so that each of them may be	15798
compiled and reported in terms of average expenditure per pupil	15799
receiving the service in the school district as a whole and	15800
average expenditure per pupil receiving the service in each	15801
building in the school district and in terms of a total cost for	15802
each category of service and, as a breakdown of the total cost, a	15803
cost for each of the following components:	15804

(a) The cost of each support or extracurricular services	15805
category required by guidelines adopted under division (B)(1)(b)	15806
of this section that is provided directly to students by a	15807
licensed employee, such as services provided by a guidance	15808
counselor or any services provided by a licensed employee under a	15809
supplemental contract;	15810

(b) The cost of each such services category provided directly	15811
to students by a nonlicensed employee, such as janitorial	15812
services, cafeteria services, or services of a sports trainer;	15813

(c) The cost of the administrative services related to each	15814
services category in division (C)(4)(a) or (b) of this section,	15815
such as the cost of any licensed or nonlicensed employees that	15816
develop, supervise, coordinate, or otherwise are involved in	15817
administering or aiding the delivery of each services category.	15818

(D)(1) The guidelines adopted under this section shall	15819
require school districts to collect information about individual	15820
students, staff members, or both in connection with any data	15821
required by division (B) or (C) of this section or other reporting	15822
requirements established in the Revised Code. The guidelines may	15823
also require school districts to report information about	15824
individual staff members in connection with any data required by	15825
division (B) or (C) of this section or other reporting	15826
requirements established in the Revised Code. The guidelines shall	15827
not authorize school districts to request social security numbers	15828
of individual students. The guidelines shall prohibit the	15829
reporting under this section of a student's name, address, and	15830
social security number to the state board of education or the	15831
department of education. The guidelines shall also prohibit the	15832
reporting under this section of any personally identifiable	15833
information about any student, except for the purpose of assigning	15834
the data verification code required by division (D)(2) of this	15835
section, to any other person unless such person is employed by the	15836
school district or the information technology center operated	15837
under section 3301.075 of the Revised Code and is authorized by	15838
the district or technology center to have access to such	15839
information or is employed by an entity with which the department	15840
contracts for the scoring of tests administered under section	15841
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	15842
require school districts to provide the social security numbers of	15843
individual staff members.	15844

(2) The guidelines shall provide for each school district or	15845
community school to assign a data verification code that is unique	15846
on a statewide basis over time to each student whose initial Ohio	15847
enrollment is in that district or school and to report all	15848
required individual student data for that student utilizing such	15849
code. The guidelines shall also provide for assigning data	15850
verification codes to all students enrolled in districts or	15851
community schools on the effective date of the guidelines	15852
established under this section.	15853

Individual student data shall be reported to the department	15854
through the information technology centers utilizing the code but,	15855
except as provided in section 3310.11 of the Revised Code, at no	15856
time shall the state board or the department have access to	15857
information that would enable any data verification code to be	15858
matched to personally identifiable student data.	15859

Each school district shall ensure that the data verification	15860
code is included in the student's records reported to any	15861
subsequent school district or community school in which the	15862
student enrolls. Any such subsequent district or school shall	15863
utilize the same identifier in its reporting of data under this	15864
section.	15865

The director of health shall request and receive, pursuant to	15866
sections 3301.0723 and 3701.62 of the Revised Code, a data	15867
verification code for a child who is receiving services under	15868
division (A)(2) of section 3701.61 of the Revised Code.	15869

A school district or community school shall submit to the	15870
eTech Ohio commission the data verification code for each of its	15871
enrolled students who is also enrolled in a course offered through	15872
the clearinghouse established under section 3353.21 of the Revised	15873
Code.	15874

(E) The guidelines adopted under this section may require	15875
school districts to collect and report data, information, or	15876
reports other than that described in divisions (A), (B), and (C)	15877
of this section for the purpose of complying with other reporting	15878
requirements established in the Revised Code. The other data,	15879
information, or reports may be maintained in the education	15880
management information system but are not required to be compiled	15881
as part of the profile formats required under division (G) of this	15882
section or the annual statewide report required under division (H)	15883
of this section.	15884

(F) Beginning with the school year that begins July 1, 1991,	15885
the board of education of each school district shall annually	15886
collect and report to the state board, in accordance with the	15887
guidelines established by the board, the data required pursuant to	15888
this section. A school district may collect and report these data	15889
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	15890

(G) The state board shall, in accordance with the procedures	15891
it adopts, annually compile the data reported by each school	15892
district pursuant to division (D) of this section. The state board	15893
shall design formats for profiling each school district as a whole	15894
and each school building within each district and shall compile	15895
the data in accordance with these formats. These profile formats	15896
shall:	15897

(1) Include all of the data gathered under this section in a	15898
manner that facilitates comparison among school districts and	15899
among school buildings within each school district;	15900

(2) Present the data on academic achievement levels as	15901
assessed by the testing of student achievement maintained pursuant	15902
to division (B)(1)(d) of this section.	15903

(H)(1) The state board shall, in accordance with the	15904
procedures it adopts, annually prepare a statewide report for all	15905
school districts and the general public that includes the profile	15906
of each of the school districts developed pursuant to division (G)	15907
of this section. Copies of the report shall be sent to each school	15908
district.	15909

(2) The state board shall, in accordance with the procedures	15910
it adopts, annually prepare an individual report for each school	15911
district and the general public that includes the profiles of each	15912
of the school buildings in that school district developed pursuant	15913
to division (G) of this section. Copies of the report shall be	15914
sent to the superintendent of the district and to each member of	15915
the district board of education.	15916

(3) Copies of the reports received from the state board under	15917
divisions (H)(1) and (2) of this section shall be made available	15918
to the general public at each school district's offices. Each	15919
district board of education shall make copies of each report	15920
available to any person upon request and payment of a reasonable	15921
fee for the cost of reproducing the report. The board shall	15922
annually publish in a newspaper of general circulation in the	15923
school district, at least twice during the two weeks prior to the	15924
week in which the reports will first be available, a notice	15925
containing the address where the reports are available and the	15926
date on which the reports will be available.	15927

(I) Any data that is collected or maintained pursuant to this	15928
section and that identifies an individual pupil is not a public	15929
record for the purposes of section 149.43 of the Revised Code.	15930

(J) As used in this section:

15931

(1) "School district" means any city, local, exempted	15932
village, or joint vocational school district and, in accordance	15933
with section 3314.17 of the Revised Code, any community school. As	15934
used in division (L) of this section, "school district" also	15935
includes any educational service center or other educational	15936
entity required to submit data using the system established under	15937
this section.	15938

(2) "Cost" means any expenditure for operating expenses made	15939
by a school district excluding any expenditures for debt	15940
retirement except for payments made to any commercial lending	15941
institution for any loan approved pursuant to section 3313.483 of	15942
the Revised Code.	15943

(K) Any person who removes data from the information system	15944
established under this section for the purpose of releasing it to	15945
any person not entitled under law to have access to such	15946
information is subject to section 2913.42 of the Revised Code	15947
prohibiting tampering with data.	15948

(L) ~~Any time the department of education determines that a~~	15949
~~school district has taken any of the actions described under~~	15950
~~division (L)(1), (2), or (3) of this section, it shall make a~~	15951
~~report of the actions of the district, send a copy of the report~~	15952
~~to the superintendent of such school district, and maintain a copy~~	15953
~~of the report in its files:~~	15954

~~(1) The school district fails to meet any deadline~~	15955
~~established pursuant to this section for the reporting of any data~~	15956
~~to the education management information system;~~	15957

~~(2) The school district fails to meet any deadline~~	15958
~~established pursuant to this section for the correction of any~~	15959
~~data reported to the education management information system;~~	15960

~~(3) The school district reports data to the education~~	15961
~~management information system in a condition, as determined by the~~	15962
~~department, that indicates that the district did not make a good~~	15963
~~faith effort in reporting the data to the system.~~	15964

~~Any report made under this division shall include~~	15965
~~recommendations for corrective action by the school district.~~	15966

~~Upon making a report for the first time in a fiscal year, the~~	15967
~~department shall withhold ten per cent of the total amount due~~	15968
~~during that fiscal year under Chapter 3317. of the Revised Code to~~	15969
~~the school district to which the report applies. Upon making a~~	15970
~~second report in a fiscal year, the department shall withhold an~~	15971
~~additional twenty per cent of such total amount due during that~~	15972
~~fiscal year to the school district to which the report applies.~~	15973
~~The department shall not release such funds unless it determines~~	15974
~~that the district has taken corrective action. However, no such~~	15975
~~release of funds shall occur if the district fails to take~~	15976
~~corrective action within forty-five days of the date upon which~~	15977
~~the report was made by the department.~~	15978

(1) In accordance with division (L)(2) of this section, the	15979
department of education may sanction any school district that	15980
reports incomplete or inaccurate data, reports data that does not	15981
conform to data requirements and descriptions published by the	15982
department, fails to report data in a timely manner, or otherwise	15983
does not make a good faith effort to report data as required by	15984
this section.	15985

(2) If the department decides to sanction a school district	15986
under this division, the department shall take the following	15987
sequential actions:	15988

(a) Notify the district in writing that the department has	15989
determined that data has not been reported as required under this	15990
section and require the district to review its data submission and	15991
submit corrected data by a deadline established by the department.	15992
The department also may require the district to develop a	15993
corrective action plan, which shall include provisions for the	15994
district to provide mandatory staff training on data reporting	15995
procedures.	15996

(b) Withhold up to ten per cent of the total amount due to	15997
the district under Chapter 3317. of the Revised Code for the	15998
current fiscal year and, if not previously required under division	15999
(L)(2)(a) of this section, require the district to develop a	16000
corrective action plan in accordance with that division;	16001

(c) Withhold an additional amount of up to twenty per cent of	16002
the total amount due to the district under Chapter 3317. of the	16003
Revised Code for the current fiscal year;	16004

(d) Direct department staff or an outside entity to	16005
investigate the district's data reporting practices and make	16006
recommendations for subsequent actions. The recommendations may	16007
include one or more of the following actions:	16008

(i) Arrange for an audit of the district's data reporting	16009
practices by department staff or an outside entity;	16010

(ii) Conduct a site visit and evaluation of the district;

16011

(iii) Withhold an additional amount of up to thirty per cent	16012
of the total amount due to the district under Chapter 3317. of the	16013
Revised Code for the current fiscal year;	16014

(iv) Continue monitoring the district's data reporting;

16015

(v) Assign department staff to supervise the district's data	16016
management system;	16017

(vi) Conduct an investigation to determine whether to suspend	16018
or revoke the license of any district employee in accordance with	16019
division (N) of this section;	16020

(vii) If the district is issued a report card under section	16021
3302.03 of the Revised Code, indicate on the report card that the	16022
district has been sanctioned for failing to report data as	16023
required by this section;	16024

(viii) If the district is issued a report card under section	16025
3302.03 of the Revised Code and incomplete or inaccurate data	16026
submitted by the district likely caused the district to receive a	16027
higher performance rating than it deserved under that section,	16028
issue a revised report card for the district;	16029

(ix) Any other action designed to correct the district's data	16030
reporting problems.	16031

(3) Any time the department takes an action against a school	16032
district under division (L)(2) of this section, the department	16033
shall make a report of the circumstances that prompted the action.	16034
The department shall send a copy of the report to the district	16035
superintendent or chief administrator and maintain a copy of the	16036
report in its files.	16037

(4) If any action taken under division (L)(2) of this section	16038
resolves a school district's data reporting problems to the	16039
department's satisfaction, the department shall not take any	16040
further actions described by that division. If the department	16041
withheld funds from the district under that division, the	16042
department may release those funds to the district, except that if	16043
the department withheld funding under division (L)(2)(c) of this	16044
section, the department shall not release the funds withheld under	16045
division (L)(2)(b) of this section and, if the department withheld	16046
funding under division (L)(2)(d) of this section, the department	16047
shall not release the funds withheld under division (L)(2)(b) or	16048
(c) of this section.	16049

(5) Notwithstanding anything in this section to the contrary,	16050
the department may use its own staff or an outside entity to	16051
conduct an audit of a school district's data reporting practices	16052
any time the department has reason to believe the district has not	16053
made a good faith effort to report data as required by this	16054
section. If any audit conducted by an outside entity under	16055
division (L)(2)(d)(i) or (5) of this section confirms that a	16056
district has not made a good faith effort to report data as	16057
required by this section, the district shall reimburse the	16058
department for the full cost of the audit. The department may	16059
withhold funds due to the district under Chapter 3317. of the	16060
Revised Code for this purpose.	16061

(6) Prior to issuing a revised report card for a school	16062
district under division (L)(2)(d)(viii) of this section, the	16063
department may hold a hearing to provide the district with an	16064
opportunity to demonstrate that it made a good faith effort to	16065
report data as required by this section. The hearing shall be	16066
conducted by a referee appointed by the department. Based on the	16067
information provided in the hearing, the referee shall recommend	16068
whether the department should issue a revised report card for the	16069
district. If the referee affirms the department's contention that	16070
the district did not make a good faith effort to report data as	16071
required by this section, the district shall bear the full cost of	16072
conducting the hearing and of issuing any revised report card.	16073

(7) If the department determines that any inaccurate data	16074
reported under this section caused a school district to receive	16075
excess funds under Chapter 3317. of the Revised Code in any fiscal	16076
year, the district shall reimburse the department an amount equal	16077
to the excess funds, in accordance with a payment schedule	16078
determined by the department. The department may withhold funds	16079
due to the district under Chapter 3317. of the Revised Code for	16080
this purpose.	16081

(8) Any school district that has funds withheld under	16082
division (L)(2) of this section may appeal the withholding in	16083
accordance with Chapter 119. of the Revised Code.	16084

(9) In all cases of a disagreement between the department and	16085
a school district regarding the appropriateness of an action taken	16086
under division (L)(2) of this section, the burden of proof shall	16087
be on the district to demonstrate that it made a good faith effort	16088
to report data as required by this section.	16089

(M) No information technology center or school district shall	16090
acquire, change, or update its student administration software	16091
package to manage and report data required to be reported to the	16092
department unless it converts to a student software package that	16093
is certified by the department.	16094

(N) The state board of education, in accordance with sections	16095
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	16096
license as defined under division (A) of section 3319.31 of the	16097
Revised Code that has been issued to any school district employee	16098
found to have willfully reported erroneous, inaccurate, or	16099
incomplete data to the education management information system.	16100

(O) No person shall release or maintain any information about	16101
any student in violation of this section. Whoever violates this	16102
division is guilty of a misdemeanor of the fourth degree.	16103

(P) The department shall disaggregate the data collected	16104
under division (B)(1)(o) of this section according to the race and	16105
socioeconomic status of the students assessed. No data collected	16106
under that division shall be included on the report cards required	16107
by section 3302.03 of the Revised Code.	16108

(Q) If the department cannot compile any of the information	16109
required by division (C)(5) of section 3302.03 of the Revised Code	16110
based upon the data collected under this section, the department	16111
shall develop a plan and a reasonable timeline for the collection	16112
of any data necessary to comply with that division.	16113

Sec. 3301.0718. (A) After completing the required standards	16114
specified in section 3301.079 of the Revised Code, the state board	16115
of education shall adopt standards and model curricula for	16116
instruction in computer literacy for grades three through twelve	16117
and in fine arts and foreign language for grades kindergarten	16118
through twelve. ~~The~~	16119

(B) Not later than December 31, 2007, the state board shall	16120
adopt the most recent standards developed by the national	16121
association for sport and physical education for physical	16122
education in grades kindergarten through twelve or shall adopt its	16123
own standards for physical education in those grades. The	16124
department of education shall provide the standards, and any	16125
revisions of the standards, to all school districts and community	16126
schools established under Chapter 3314. of the Revised Code. Any	16127
school district or community school may utilize the standards.	16128

The department shall employ a full-time physical education	16129
coordinator to provide guidance and technical assistance to	16130
districts and community schools in implementing the standards	16131
adopted under this division. The superintendent of public	16132
instruction shall determine that the person employed as	16133
coordinator is qualified for the position, as demonstrated by	16134
possessing an adequate combination of education, license, and	16135
experience. The department shall hire a coordinator not later than	16136
October 31, 2007.	16137

(C) The state board shall not adopt or revise any standards	16138
or curriculum in the area of health ~~or physical education~~ unless,	16139
by concurrent resolution, the standards, curriculum, or revisions	16140
are approved by both houses of the general assembly. Before the	16141
house of representatives or senate votes on a concurrent	16142
resolution approving health ~~or physical education~~ standards,	16143
curriculum, or revisions, its standing committee having	16144
jurisdiction over education legislation shall conduct at least one	16145
public hearing on the standards, curriculum, or revisions.	16146

~~(B)~~(D) The state board shall not adopt a diagnostic	16147
assessment or achievement test for any grade level or subject area	16148
other than those specified in section 3301.079 of the Revised	16149
Code.	16150

Sec. 3301.162. (A) If the governing authority of a chartered	16151
nonpublic school intends to close the school, the governing	16152
authority shall notify all of the following of that intent prior	16153
to closing the school:	16154

(1) The department of education;

16155

(2) The school district that receives auxiliary services	16156
funding under division (I) of section 3317.024 of the Revised Code	16157
on behalf of the students enrolled in the school;	16158

(3) The accrediting association that most recently accredited	16159
the school for purposes of chartering the school in accordance	16160
with the rules of the state board of education, if applicable.	16161

The notice shall include the school year and, if possible,	16162
the actual date the school will close.	16163

(B) The chief administrator of each chartered nonpublic	16164
school that closes shall deposit the school's records with either:	16165

(1) The accrediting association that most recently accredited	16166
the school for purposes of chartering the school in accordance	16167
with the rules of the state board, if applicable;	16168

(2) The school district that received auxiliary services	16169
funding under division (I) of section 3317.024 of the Revised Code	16170
on behalf of the students enrolled in the school.	16171

The school district that receives the records may charge for	16172
and receive a one-time reimbursement from auxiliary services	16173
funding under division (I) of section 3317.024 of the Revised Code	16174
for costs the district incurred to store the records.	16175

Sec. 3301.311. (A) As used in this section, "preschool	16176
program" has the same meaning as in section 3301.52 of the Revised	16177
Code.	16178

(B)~~(1)~~ Subject to ~~division (B)(2)~~divisions (C) and (D) of	16179
this section, ~~after July 1, 2005~~beginning in fiscal year 2006, no	16180
preschool program, and no early childhood education program or	16181
early learning program as defined by the department of education	16182
shall receive any funds from the state unless fifty per cent of	16183
the staff members employed by that program as teachers are working	16184
toward an associate degree of a type approved by the department.	16185

(C)(1) Subject to division ~~(B)~~(C)(2) of this section,	16186
beginning in fiscal year ~~2008~~2010, no preschool program, and no	16187
early childhood education program, or early learning program as	16188
defined by the department, existing prior to fiscal year 2007,	16189
shall receive any funds from the state unless every staff member	16190
employed by that program as a teacher has attained ~~such a~~an	16191
associate degree of a type approved by the department.	16192

(2) ~~After July 1, 2010~~Beginning in fiscal year 2011, no	16193
preschool program, and no early childhood education program or	16194
early learning program as defined by the department ~~of education~~,	16195
existing prior to fiscal year 2007, shall receive any funds from	16196
the state unless fifty per cent of the staff members employed by	16197
the program as teachers have attained a bachelor's degree of a	16198
type approved by the department.	16199

(D)(1) Subject to division (D)(2) of this section, beginning	16200
in fiscal year 2012, no preschool program, and no early childhood	16201
education program or early learning program as defined by the	16202
department, established during or after fiscal year 2007, shall	16203
receive any funds from the state unless every staff member	16204
employed by that program as a teacher has attained an associate	16205
degree of a type approved by the department.	16206

(2) Beginning in fiscal year 2013, no preschool program, and	16207
no early childhood education program or early learning program as	16208
defined by the department, established during or after fiscal year	16209
2007, shall receive any funds from the state unless fifty per cent	16210
of the staff members employed by the program as teachers have	16211
attained a bachelor's degree of a type approved by the department.	16212

Sec. 3301.53. (A) ~~Not later than July 1, 1988, the~~The state	16213
board of education, in consultation with the director of job and	16214
family services, shall formulate and prescribe by rule adopted	16215
under Chapter 119. of the Revised Code minimum standards to be	16216
applied to preschool programs operated by school district boards	16217
of education, county MR/DD boards, or eligible nonpublic schools.	16218
The rules shall include the following:	16219

(1) Standards ensuring that the preschool program is located	16220
in a safe and convenient facility that accommodates the enrollment	16221
of the program, is of the quality to support the growth and	16222
development of the children according to the program objectives,	16223
and meets the requirements of section 3301.55 of the Revised Code;	16224

(2) Standards ensuring that supervision, discipline, and	16225
programs will be administered according to established objectives	16226
and procedures;	16227

(3) Standards ensuring that preschool staff members and	16228
nonteaching employees are recruited, employed, assigned,	16229
evaluated, and provided inservice education without discrimination	16230
on the basis of age, color, national origin, race, or sex; and	16231
that preschool staff members and nonteaching employees are	16232
assigned responsibilities in accordance with written position	16233
descriptions commensurate with their training and experience;	16234

(4) A requirement that boards of education intending to	16235
establish a preschool program ~~on or after March 17, 1989,~~	16236
demonstrate a need for a preschool program ~~that is not being met~~	16237
~~by any existing program providing child care,~~ prior to	16238
establishing the program;	16239

(5) Requirements that children participating in preschool	16240
programs have been immunized to the extent considered appropriate	16241
by the state board to prevent the spread of communicable disease;	16242

(6) Requirements that the parents of preschool children	16243
complete the emergency medical authorization form specified in	16244
section 3313.712 of the Revised Code.	16245

(B) The state board of education in consultation with the	16246
director of job and family services shall ensure that the rules	16247
adopted by the state board under sections 3301.52 to 3301.58 of	16248
the Revised Code are consistent with and meet or exceed the	16249
requirements of Chapter 5104. of the Revised Code with regard to	16250
child day-care centers. The state board and the director of job	16251
and family services shall review all such rules at least once	16252
every five years.	16253

(C) ~~On or before January 1, 1992, the~~The state board of	16254
education, in consultation with the director of job and family	16255
services, shall adopt rules for school child programs that are	16256
consistent with and meet or exceed the requirements of the rules	16257
adopted for school child day-care centers under Chapter 5104. of	16258
the Revised Code.	16259

Sec. 3302.03. (A) Annually the department of education shall	16260
report for each school district and each school building in a	16261
district all of the following:	16262

(1) The extent to which the school district or building meets	16263
each of the applicable performance indicators created by the state	16264
board of education under section 3302.02 of the Revised Code and	16265
the number of applicable performance indicators that have been	16266
achieved;	16267

(2) The performance index score of the school district or	16268
building;	16269

(3) Whether the school district or building has made adequate	16270
yearly progress;	16271

(4) Whether the school district or building is excellent,	16272
effective, needs continuous improvement, is under an academic	16273
watch, or is in a state of academic emergency.	16274

(B) Except as otherwise provided in ~~division~~divisions (B)(6)	16275
and (7) of this section:	16276

(1) A school district or building shall be declared excellent	16277
if it fulfills one of the following requirements:	16278

(a) It makes adequate yearly progress and either meets at	16279
least ninety-four per cent of the applicable state performance	16280
indicators or has a performance index score established by the	16281
department.	16282

(b) It has failed to make adequate yearly progress for not	16283
more than two consecutive years and either meets at least	16284
ninety-four per cent of the applicable state performance	16285
indicators or has a performance index score established by the	16286
department.	16287

(2) A school district or building shall be declared effective	16288
if it fulfills one of the following requirements:	16289

(a) It makes adequate yearly progress and either meets at	16290
least seventy-five per cent but less than ninety-four per cent of	16291
the applicable state performance indicators or has a performance	16292
index score established by the department.	16293

(b) It does not make adequate yearly progress and either	16294
meets at least seventy-five per cent of the applicable state	16295
performance indicators or has a performance index score	16296
established by the department, except that if it does not make	16297
adequate yearly progress for three consecutive years, it shall be	16298
declared in need of continuous improvement.	16299

(3) A school district or building shall be declared to be in	16300
need of continuous improvement if it fulfills one of the following	16301
requirements:	16302

(a) It makes adequate yearly progress, meets less than	16303
seventy-five per cent of the applicable state performance	16304
indicators, and has a performance index score established by the	16305
department.	16306

(b) It does not make adequate yearly progress and either	16307
meets at least fifty per cent but less than seventy-five per cent	16308
of the applicable state performance indicators or has a	16309
performance index score established by the department.	16310

(4) A school district or building shall be declared to be	16311
under an academic watch if it does not make adequate yearly	16312
progress and either meets at least thirty-one per cent but less	16313
than fifty per cent of the applicable state performance indicators	16314
or has a performance index score established by the department.	16315

(5) A school district or building shall be declared to be in	16316
a state of academic emergency if it does not make adequate yearly	16317
progress, does not meet at least thirty-one per cent of the	16318
applicable state performance indicators, and has a performance	16319
index score established by the department.	16320

(6) When designating performance ratings for school districts	16321
and buildings under divisions (B)(1) to (5) of this section, the	16322
department shall not assign a school district or building a lower	16323
designation from its previous year's designation based solely on	16324
one subgroup not making adequate yearly progress.	16325

(7) Division (B)(7) of this section does not apply to any	16326
community school established under Chapter 3314. of the Revised	16327
Code in which a majority of the students are enrolled in a dropout	16328
prevention and recovery program.	16329

A school district or building shall not be assigned a higher	16330
performance rating than in need of continuous improvement if at	16331
least ten per cent but not more than fifteen per cent of the	16332
enrolled students do not take all achievement tests prescribed for	16333
their grade level under section 3301.0710 of the Revised Code from	16334
which they are not excused pursuant to division (C)(1) or (3) of	16335
section 3301.0711 of the Revised Code. A school district or	16336
building shall not be assigned a higher performance rating than	16337
under an academic watch if more than fifteen per cent but not more	16338
than twenty per cent of the enrolled students do not take all	16339
achievement tests prescribed for their grade level under section	16340
3301.0710 of the Revised Code from which they are not excused	16341
pursuant to division (C)(1) or (3) of section 3301.0711 of the	16342
Revised Code. A school district or building shall not be assigned	16343
a higher performance rating than in a state of academic emergency	16344
if more than twenty per cent of the enrolled students do not take	16345
all achievement tests prescribed for their grade level under	16346
section 3301.0710 of the Revised Code from which they are not	16347
excused pursuant to division (C)(1) or (3) of section 3301.0711 of	16348
the Revised Code.	16349

(C)(1) The department shall issue annual report cards for	16350
each school district, each building within each district, and for	16351
the state as a whole reflecting performance on the indicators	16352
created by the state board under section 3302.02 of the Revised	16353
Code, the performance index score, and adequate yearly progress.	16354

(2) The department shall include on the report card for each	16355
district information pertaining to any change from the previous	16356
year made by the school district or school buildings within the	16357
district on any performance indicator.	16358

(3) When reporting data on student performance, the	16359
department shall disaggregate that data according to the following	16360
categories:	16361

(a) Performance of students by age group;

16362

(b) Performance of students by race and ethnic group;

16363

16364

(d) Performance of students grouped by those who have been	16365
enrolled in a district or school for three or more years;	16366

(e) Performance of students grouped by those who have been	16367
enrolled in a district or school for more than one year and less	16368
than three years;	16369

(f) Performance of students grouped by those who have been	16370
enrolled in a district or school for one year or less;	16371

(g) Performance of students grouped by those who are	16372
economically disadvantaged;	16373

(h) Performance of students grouped by those who are enrolled	16374
in a conversion community school established under Chapter 3314.	16375
of the Revised Code;	16376

(i) Performance of students grouped by those who are	16377
classified as limited English proficient;	16378

(j) Performance of students grouped by those who have	16379
disabilities;	16380

(k) Performance of students grouped by those who are	16381
classified as migrants;	16382

(l) Performance of students grouped by those who are	16383
identified as gifted pursuant to Chapter 3324. of the Revised	16384
Code.	16385

The department may disaggregate data on student performance	16386
according to other categories that the department determines are	16387
appropriate. To the extent possible, the department shall	16388
disaggregate data on student performance according to any	16389
combinations of two or more of the categories listed in divisions	16390
(C)(3)(a) to (l) of this section that it deems relevant.	16391

In reporting data pursuant to division (C)(3) of this	16392
section, the department shall not include in the report cards any	16393
data statistical in nature that is statistically unreliable or	16394
that could result in the identification of individual students.	16395
For this purpose, the department shall not report student	16396
performance data for any group identified in division (C)(3) of	16397
this section that contains less than ten students.	16398

(4) The department may include with the report cards any	16399
additional education and fiscal performance data it deems	16400
valuable.	16401

(5) The department shall include on each report card a list	16402
of additional information collected by the department that is	16403
available regarding the district or building for which the report	16404
card is issued. When available, such additional information shall	16405
include student mobility data disaggregated by race and	16406
socioeconomic status, college enrollment data, and the reports	16407
prepared under section 3302.031 of the Revised Code.	16408

The department shall maintain a site on the world wide web.	16409
The report card shall include the address of the site and shall	16410
specify that such additional information is available to the	16411
public at that site. The department shall also provide a copy of	16412
each item on the list to the superintendent of each school	16413
district. The district superintendent shall provide a copy of any	16414
item on the list to anyone who requests it.	16415

(6)(a) This division does not apply to conversion community	16416
schools that primarily enroll students between sixteen and	16417
twenty-two years of age who dropped out of high school or are at	16418
risk of dropping out of high school due to poor attendance,	16419
disciplinary problems, or suspensions.	16420

For any district that sponsors a conversion community school	16421
under Chapter 3314. of the Revised Code, the department shall	16422
combine data regarding the academic performance of students	16423
enrolled in the community school with comparable data from the	16424
schools of the district for the purpose of calculating the	16425
performance of the district as a whole on the report card issued	16426
for the district.	16427

(b) Any district that leases a building to a community school	16428
located in the district or that enters into an agreement with a	16429
community school located in the district whereby the district and	16430
the school endorse each other's programs may elect to have data	16431
regarding the academic performance of students enrolled in the	16432
community school combined with comparable data from the schools of	16433
the district for the purpose of calculating the performance of the	16434
district as a whole on the district report card. Any district that	16435
so elects shall annually file a copy of the lease or agreement	16436
with the department.	16437

(7) The department shall include on each report card the	16438
percentage of teachers in the district or building who are highly	16439
qualified, as defined by the "No Child Left Behind Act of 2001,"	16440
and a comparison of that percentage with the percentages of such	16441
teachers in similar districts and buildings.	16442

(8) The department shall include on the report card the	16443
number of master teachers employed by each district and each	16444
building once the data is available from the education management	16445
information system established under section 3301.0714 of the	16446
Revised Code;	16447

(9) The department shall display a designation of "Ohio Core	16448
Certified School District" or "Ohio Core Certified Community	16449
School" on the report card for each school district or community	16450
school, respectively, submitting evidence satisfactory to the	16451
department that, in the school year to which the report card	16452
pertains, the district or school both:	16453

(a) Offered all components of the Ohio core curriculum	16454
prescribed in division (C) of section 3313.603 of the Revised Code	16455
for its high school students;	16456

(b) Applied the fine arts education requirement of division	16457
(K) of that section.	16458

The department shall display the designation on report cards	16459
published in 2008 through 2013 for the 2007-2008 through 2012-2013	16460
school years. The department shall list on the web site	16461
established under division (C)(5) of this section the school	16462
districts and community schools designated as Ohio core certified.	16463

(D)(1) In calculating reading, writing, mathematics, social	16464
studies, or science proficiency or achievement test passage rates	16465
used to determine school district or building performance under	16466
this section, the department shall include all students taking a	16467
test with accommodation or to whom an alternate assessment is	16468
administered pursuant to division (C)(1) or (3) of section	16469
3301.0711 of the Revised Code.	16470

(2) In calculating performance index scores, rates of	16471
achievement on the performance indicators established by the state	16472
board under section 3302.02 of the Revised Code, and adequate	16473
yearly progress for school districts and buildings under this	16474
section, the department shall do all of the following:	16475

(a) Include for each district or building only those students	16476
who are included in the ADM certified for the first full school	16477
week of October and are continuously enrolled in the district or	16478
building through the time of the spring administration of any test	16479
prescribed by section 3301.0710 of the Revised Code that is	16480
administered to the student's grade level;	16481

(b) Include cumulative totals from both the fall and spring	16482
administrations of the third grade reading achievement test;	16483

(c) Except as required by the "No Child Left Behind Act of	16484
2001" for the calculation of adequate yearly progress, exclude for	16485
each district or building any limited English proficient student	16486
who has been enrolled in United States schools for less than one	16487
full school year.	16488

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	16489
of public instruction shall establish an academic distress	16490
commission for each school district that has been declared to be	16491
in a state of academic emergency pursuant to section 3302.03 of	16492
the Revised Code and has failed to make adequate yearly progress	16493
for four or more consecutive school years. Each commission shall	16494
assist the district for which it was established in improving the	16495
district's academic performance.	16496

Each commission is a body both corporate and politic,	16497
constituting an agency and instrumentality of the state and	16498
performing essential governmental functions of the state. A	16499
commission shall be known as the "academic distress commission for	16500
............... (name of school district)," and, in that name, may	16501
exercise all authority vested in such a commission by this	16502
section. A separate commission shall be established for each	16503
school district to which this division applies.	16504

(B) Each academic distress commission shall consist of five	16505
voting members, three of whom shall be appointed by the	16506
superintendent of public instruction and two of whom shall be	16507
residents of the applicable school district appointed by the	16508
president of the district board of education ~~of the applicable~~	16509
~~school district~~. When a school district becomes subject to this	16510
section, the superintendent of public instruction shall provide	16511
written notification of that fact to the district board of	16512
education and shall request the president of the district board to	16513
submit to the superintendent of public instruction, in writing,	16514
the names of the president's appointees to the commission. The	16515
superintendent of public instruction and the president of the	16516
district board shall make appointments to the commission within	16517
thirty days after the district is notified that it is subject to	16518
this section.	16519

Members of the commission shall serve at the pleasure of	16520
their appointing authority during the life of the commission. In	16521
the event of the death, resignation, incapacity, removal, or	16522
ineligibility to serve of a member, the appointing authority shall	16523
appoint a successor within fifteen days after the vacancy occurs.	16524
Members shall serve without compensation, but shall be paid by the	16525
commission their necessary and actual expenses incurred while	16526
engaged in the business of the commission.	16527

(C) Immediately after appointment of the initial members of	16528
an academic distress commission, the superintendent of public	16529
instruction shall call the first meeting of the commission and	16530
shall cause written notice of the time, date, and place of that	16531
meeting to be given to each member of the commission at least	16532
forty-eight hours in advance of the meeting. The first meeting	16533
shall include an overview of the commission's roles and	16534
responsibilities, the requirements of section 2921.42 and Chapter	16535
102. of the Revised Code as they pertain to commission members,	16536
the requirements of section 121.22 of the Revised Code, and the	16537
provisions of division (F) of this section. At its first meeting,	16538
the commission shall adopt temporary bylaws in accordance with	16539
division (D) of this section to govern its operations until the	16540
adoption of permanent bylaws.	16541

The superintendent of public instruction shall designate a	16542
chairperson for the commission from among the members appointed by	16543
the superintendent. The chairperson shall call and conduct	16544
meetings, set meeting agendas, and serve as a liaison between the	16545
commission and the district board of education. The chairperson	16546
also shall appoint a secretary, who shall not be a member of the	16547
commission.	16548

The department of education shall provide administrative	16549
support for the commission, provide data requested by the	16550
commission, and inform the commission of available state resources	16551
that could assist the commission in its work.	16552

(D) Each academic distress commission may adopt and alter	16553
bylaws and rules, which shall not be subject to section 111.15 or	16554
Chapter 119. of the Revised Code, for the conduct of its affairs	16555
and for the manner, subject to this section, in which its powers	16556
and functions shall be exercised and embodied.	16557

(E) Three members of an academic distress commission	16558
constitute a quorum of the commission. The affirmative vote of	16559
three members of the commission is necessary for any action taken	16560
by vote of the commission. No vacancy in the membership of the	16561
commission shall impair the rights of a quorum by such vote to	16562
exercise all the rights and perform all the duties of the	16563
commission. Members of the commission are not disqualified from	16564
voting by reason of the functions of any other office they hold	16565
and are not disqualified from exercising the functions of the	16566
other office with respect to the school district, its officers, or	16567
the commission.	16568

(F) The members of an academic distress commission, the	16569
superintendent of public instruction, and any person authorized to	16570
act on behalf of or assist them shall not be personally liable or	16571
subject to any suit, judgment, or claim for damages resulting from	16572
the exercise of or failure to exercise the powers, duties, and	16573
functions granted to them in regard to their functioning under	16574
this section, but the commission, superintendent of public	16575
instruction, and such other persons shall be subject to mandamus	16576
proceedings to compel performance of their duties under this	16577
section.	16578

(G) Each member of an academic distress commission shall file	16579
the statement described in section 102.02 of the Revised Code with	16580
the Ohio ethics commission. The statement shall be confidential,	16581
subject to review, as described in division (B) of that section.	16582

(H) Meetings of each academic distress commission shall be	16583
subject to section 121.22 of the Revised Code.	16584

(I)(1) Within one hundred twenty days after the first meeting	16585
of an academic distress commission, the commission shall adopt an	16586
academic recovery plan to improve academic performance in the	16587
school district. The plan shall address academic problems at both	16588
the district and school levels. The plan shall include the	16589
following:	16590

(a) Short-term and long-term actions to be taken to improve	16591
the district's academic performance, including any actions	16592
required by section 3302.04 of the Revised Code;	16593

(b) The sequence and timing of the actions described in	16594
division (I)(1)(a) of this section and the persons responsible for	16595
implementing the actions;	16596

(c) Resources that will be applied toward improvement	16597
efforts;	16598

(d) Procedures for monitoring and evaluating improvement	16599
efforts;	16600

(e) Requirements for reporting to the commission and the	16601
district board of education on the status of improvement efforts.	16602

(2) The commission may amend the academic recovery plan	16603
subsequent to adoption. The commission shall update the plan at	16604
least annually.	16605

(3) The commission shall submit the academic recovery plan it	16606
adopts or updates to the superintendent of public instruction for	16607
approval immediately following its adoption or updating. The	16608
superintendent shall evaluate the plan and either approve or	16609
disapprove it within thirty days after its submission. If the plan	16610
is disapproved, the superintendent shall recommend modifications	16611
that will render it acceptable. No academic distress commission	16612
shall implement an academic recovery plan unless the	16613
superintendent has approved it.	16614

(4) County, state, and school district officers and employees	16615
shall assist the commission diligently and promptly in the	16616
implementation of the academic recovery plan.	16617

(J) Each academic distress commission shall seek input from	16618
the district board of education regarding ways to improve the	16619
district's academic performance, but any decision of the	16620
commission related to any authority granted to the commission	16621
under this section shall be final.	16622

The commission may do any of the following:

16623

(1) Appoint school building administrators and reassign	16624
administrative personnel;	16625

(2) Terminate the contracts of administrators or	16626
administrative personnel. The commission shall not be required to	16627
comply with section 3319.16 of the Revised Code with respect to	16628
any contract terminated under this division.	16629

(3) Contract with a private entity to perform school or	16630
district management functions;	16631

(4) Establish a budget for the district and approve district	16632
appropriations and expenditures, unless a financial planning and	16633
supervision commission has been established for the district	16634
pursuant to section 3316.05 of the Revised Code.	16635

~~(D)~~(K) If the board of education of a district for which an	16636
academic distress commission has been established under this	16637
section renews any collective bargaining agreement under Chapter	16638
4117. of the Revised Code during the existence of the commission,	16639
the district board shall not enter into any agreement that would	16640
render any decision of the commission unenforceable. Section	16641
3302.08 of the Revised Code does not apply to this division.	16642

Notwithstanding any provision to the contrary in Chapter	16643
4117. of the Revised Code, if the board of education has entered	16644
into a collective bargaining agreement after ~~the effective date of~~	16645
~~this section~~September 29, 2005, that contains stipulations	16646
relinquishing one or more of the rights or responsibilities listed	16647
in division (C) of section 4117.08 of the Revised Code, those	16648
stipulations are not enforceable and the district board shall	16649
resume holding those rights or responsibilities as if it had not	16650
relinquished them in that agreement until such time as both the	16651
academic distress commission ceases to exist and the district	16652
board agrees to relinquish those rights or responsibilities in a	16653
new collective bargaining agreement. The provisions of this	16654
paragraph apply to a collective bargaining agreement entered into	16655
after ~~the effective date of this section~~September 29, 2005, and	16656
those provisions are deemed to be part of that agreement	16657
regardless of whether the district satisfied the conditions	16658
prescribed in division (A) of this section at the time the	16659
district entered into that agreement.	16660

~~(E)~~(L) An academic distress commission shall cease to exist	16661
when the district for which it was established receives a	16662
performance rating under section 3302.03 of the Revised Code of in	16663
need of continuous improvement or better for two ~~out~~ of the three	16664
prior school years; however, the superintendent of public	16665
instruction may dissolve the commission earlier if the	16666
superintendent determines that the district can perform adequately	16667
without the supervision of the commission. Upon termination of the	16668
commission, the department of education shall compile a final	16669
report of the commission's activities to assist other academic	16670
distress commissions in the conduct of their functions.	16671

Sec. 3303.20. The superintendent of public instruction shall	16672
appoint a supervisor of agricultural education within the	16673
department of education. The supervisor shall be responsible for	16674
administering and disseminating to school districts information	16675
about agricultural education.	16676

The department shall maintain an appropriate number of	16677
full-time employees focusing on agricultural education. The	16678
department shall employ at least three program consultants who	16679
shall be available to provide assistance to school districts on a	16680
regional basis throughout the state. At least one consultant may	16681
coordinate local activities of the student organization known as	16682
the future farmers of America.	16683

Sec. 3311.24. (A)(1) Except as provided in division (B) of	16684
this section, if the board of education of a city, exempted	16685
village, or local school district ~~deems it advisable~~shall file	16686
with the state board of education a proposal to transfer territory	16687
from such district to an adjoining city, exempted village, or	16688
local school district~~, or if a~~in any of the following	16689
circumstances:	16690

(a) The district board deems the transfer advisable;

16691

(b) A petition, signed by seventy-five per cent of the	16692
qualified electors residing within that portion of a city,	16693
exempted village, or local school district proposed to be	16694
transferred voting at the last general election, requests such a	16695
transfer~~, the~~;	16696

(c) If no qualified electors reside in that portion of the	16697
district proposed to be transferred, a petition, signed by	16698
seventy-five per cent of the owners of parcels of real property on	16699
the tax duplicate within that portion of the district, requests	16700
such a transfer.	16701

(2) The board of education of the district in which such	16702
proposal originates shall file such proposal, together with a map	16703
showing the boundaries of the territory proposed to be	16704
transferred, with the state board of education prior to the first	16705
day of April in any even-numbered year. The state board of	16706
education may, if it is advisable, provide for a hearing in any	16707
suitable place in any of the school districts affected by such	16708
proposed transfer of territory. The state board of education or	16709
its representatives shall preside at any such hearing.	16710

(3) A board of education of a city, exempted village, or	16711
local school district that receives a petition of transfer signed	16712
by electors of the district under ~~this~~ division (A)(1)(b) of this	16713
section shall cause the board of elections to check the	16714
sufficiency of signatures on the petition. A board of education of	16715
a city, exempted village, or local school district that receives a	16716
petition of transfer signed by owners of parcels of real property	16717
under division (A)(1)(c) of this section shall cause the county	16718
auditor to check the sufficiency of signatures on the petition.	16719

(4) Not later than the first day of September the state board	16720
of education shall either approve or disapprove a proposed	16721
transfer of territory filed with it as provided by this section	16722
and shall notify, in writing, the boards of education of the	16723
districts affected by such proposed transfer of territory of its	16724
decision.	16725

If the decision of the state board of education is an	16726
approval of the proposed transfer of territory then the board of	16727
education of the district in which the territory is located shall,	16728
within thirty days after receiving the state board of education's	16729
decision, adopt a resolution transferring the territory and shall	16730
forthwith submit a copy of such resolution to the treasurer of the	16731
board of education of the city, exempted village, or local school	16732
district to which the territory is transferred. Such transfer	16733
shall not be complete however, until:	16734

~~(1)~~(a) A resolution accepting the transfer has been passed by	16735
a majority vote of the full membership of the board of education	16736
of the city, exempted village, or local school district to which	16737
the territory is transferred;	16738

~~(2)~~(b) An equitable division of the funds and indebtedness	16739
between the districts involved has been made by the board of	16740
education making the transfer;	16741

~~(3)~~(c) A map showing the boundaries of the territory	16742
transferred has been filed, by the board of education accepting	16743
the transfer, with the county auditor of each county affected by	16744
the transfer.	16745

When such transfer is complete the legal title of the school	16746
property in the territory transferred shall be vested in the board	16747
of education or governing board of the school district to which	16748
the territory is transferred.	16749

(B) Whenever the transfer of territory pursuant to this	16750
section is initiated by a board of education, the board shall,	16751
before filing a proposal for transfer with the state board of	16752
education under this section, make a good faith effort to	16753
negotiate the terms of transfer with any other school district	16754
whose territory would be affected by the transfer. Before the	16755
state board may hold a hearing on the transfer, or approve or	16756
disapprove any such transfer, it must receive the following:	16757

(1) A resolution requesting approval of the transfer, passed	16758
by the school district submitting the proposal;	16759

(2) Evidence determined to be sufficient by the state board	16760
to show that good faith negotiations have taken place or that the	16761
district requesting the transfer has made a good faith effort to	16762
hold such negotiations;	16763

(3) If any negotiations took place, a statement signed by all	16764
boards that participated in the negotiations, listing the terms	16765
agreed on and the points on which no agreement could be reached.	16766

Negotiations held pursuant to this section shall be governed	16767
by the rules adopted by the state board under division (D) of	16768
section 3311.06 of the Revised Code. Districts involved in a	16769
transfer under division (B) of this section may agree to share	16770
revenues from the property included in the territory to be	16771
transferred, establish cooperative programs between the	16772
participating districts, and establish mechanisms for the	16773
settlement of any future boundary disputes.	16774

Sec. 3313.603. (A) As used in this section:

16775

(1) "One unit" means a minimum of one hundred twenty hours of	16776
course instruction, except that for a laboratory course, "one	16777
unit" means a minimum of one hundred fifty hours of course	16778
instruction.	16779

(2) "One-half unit" means a minimum of sixty hours of course	16780
instruction, except that for physical education courses, "one-half	16781
unit" means a minimum of one hundred twenty hours of course	16782
instruction.	16783

(B) Beginning September 15, 2001, except as required in	16784
division (C) of this section and division (C) of section 3313.614	16785
of the Revised Code, the requirements for graduation from every	16786
high school shall include twenty units earned in grades nine	16787
through twelve and shall be distributed as follows:	16788

(1) English language arts, four units;

16789

(2) Health, one-half unit;

16790

(3) Mathematics, three units;

16791

(4) Physical education, one-half unit;

16792

(5) Science, two units until September 15, 2003, and three	16793
units thereafter, which at all times shall include both of the	16794
following:	16795

(a) Biological sciences, one unit;

16796

(b) Physical sciences, one unit.

16797

(6) Social studies, three units, which shall include both of	16798
the following:	16799

(a) American history, one-half unit;

16800

(b) American government, one-half unit.

16801

(7) Elective units, seven units until September 15, 2003, and	16802
six units thereafter.	16803

Each student's electives shall include at least one unit, or	16804
two half units, chosen from among the areas of	16805
business/technology, fine arts, and/or foreign language.	16806

(C) Beginning with students who enter ninth grade for the	16807
first time on or after July 1, 2010, except as provided in	16808
divisions (D) to (F) of this section, the requirements for	16809
graduation from every public and chartered nonpublic high school	16810
shall include twenty units that are designed to prepare students	16811
for the workforce and college. The units shall be distributed as	16812
follows:	16813

(1) English language arts, four units;

16814

(2) Health, one-half unit;

16815

(3) Mathematics, four units, which shall include one unit of	16816
algebra II or the equivalent of algebra II;	16817

(4) Physical education, one-half unit;

16818

(5) Science, three units with inquiry-based laboratory	16819
experience that engages students in asking valid scientific	16820
questions and gathering and analyzing information, which shall	16821
include the following, or their equivalent:	16822

(a) Physical sciences, one unit;

16823

(b) ~~Biology~~Life sciences, one unit;

16824

(c) Advanced study in one or more of the following sciences,	16825
one unit:	16826

(i) Chemistry, physics, or other physical science;

16827

(ii) Advanced biology or other life science;

16828

(iii) Astronomy, physical geology, or other earth or space	16829
science.	16830

(6) Social studies, three units, which shall include both of	16831
the following:	16832

(a) American history, one-half unit;

16833

(b) American government, one-half unit.

16834

Each school shall integrate the study of economics and	16835
financial literacy, as expressed in the social studies academic	16836
content standards adopted by the state board of education under	16837
section 3301.079 of the Revised Code, into one or more existing	16838
social studies credits required under division (C)(6) of this	16839
section, or into the content of another class, so that every high	16840
school student receives instruction in those concepts. In	16841
developing the curriculum required by this paragraph, schools	16842
shall use available public-private partnerships and resources and	16843
materials that exist in business, industry, and through the	16844
centers for economics education at institutions of higher	16845
education in the state.	16846

(7) Five units consisting of one or any combination of	16847
foreign language, fine arts, business, career-technical education,	16848
family and consumer sciences, technology, agricultural education,	16849
or English language arts, mathematics, science, or social studies	16850
courses not otherwise required under division (C) of this section.	16851

Ohioans must be prepared to apply increased knowledge and	16852
skills in the workplace and to adapt their knowledge and skills	16853
quickly to meet the rapidly changing conditions of the	16854
twenty-first century. National studies indicate that all high	16855
school graduates need the same academic foundation, regardless of	16856
the opportunities they pursue after graduation. The goal of Ohio's	16857
system of elementary and secondary education is to prepare all	16858
students for and seamlessly connect all students to success in	16859
life beyond high school graduation, regardless of whether the next	16860
step is entering the workforce, beginning an apprenticeship,	16861
engaging in post-secondary training, serving in the military, or	16862
pursuing a college degree.	16863

The Ohio core curriculum is the standard expectation for all	16864
students entering ninth grade for the first time at a public or	16865
chartered nonpublic high school on or after July 1, 2010. A	16866
student may satisfy this expectation through a variety of methods,	16867
including, but not limited to, integrated, applied,	16868
career-technical, and traditional coursework.	16869

Whereas teacher quality is essential for student success in	16870
completing the Ohio core curriculum, the general assembly shall	16871
appropriate funds for strategic initiatives designed to strengthen	16872
schools' capacities to hire and retain highly qualified teachers	16873
in the subject areas required by the curriculum. Such initiatives	16874
are expected to require an investment of $120,000,000 over five	16875
years.	16876

Stronger coordination between high schools and institutions	16877
of higher education is necessary to prepare students for more	16878
challenging academic endeavors and to lessen the need for academic	16879
remediation in college, thereby reducing the costs of higher	16880
education for Ohio's students, families, and the state. The state	16881
board of education, the Ohio board of regents, and the partnership	16882
for continued learning shall develop policies to ensure that only	16883
in rare instances will students who complete the Ohio core	16884
curriculum require academic remediation after high school.	16885

School districts, community schools, and chartered nonpublic	16886
schools shall integrate technology into learning experiences	16887
whenever practicable across the curriculum in order to maximize	16888
efficiency, enhance learning, and prepare students for success in	16889
the technology-driven twenty-first century. Districts and schools	16890
may use distance and web-based course delivery as a method of	16891
providing or augmenting all instruction required under this	16892
division, including laboratory experience in science. Districts	16893
and schools shall whenever practicable utilize technology access	16894
and electronic learning opportunities provided by the eTech Ohio	16895
commission, the Ohio learning network, education technology	16896
centers, public television stations, and other public and private	16897
providers.	16898

(D) Except as provided in division (E) of this section, a	16899
student who enters ninth grade on or after July 1, 2010, and	16900
before July 1, 2014, may qualify for graduation from a public or	16901
chartered nonpublic high school even though the student has not	16902
completed the Ohio core curriculum prescribed in division (C) of	16903
this section if all of the following conditions are satisfied:	16904

(1) After the student has attended high school for two years,	16905
as determined by the school, the student and the student's parent,	16906
guardian, or custodian sign and file with the school a written	16907
statement asserting the parent's, guardian's, or custodian's	16908
consent to the student's graduating without completing the Ohio	16909
core curriculum and acknowledging that one consequence of not	16910
completing the Ohio core curriculum is ineligibility to enroll in	16911
most state universities in Ohio without further coursework.	16912

(2) The student and parent, guardian, or custodian fulfill	16913
any procedural requirements the school stipulates to ensure the	16914
student's and parent's, guardian's, or custodian's informed	16915
consent and to facilitate orderly filing of statements under	16916
division (D)(1) of this section.	16917

(3) The student and the student's parent, guardian, or	16918
custodian and a representative of the student's high school	16919
jointly develop an individual career plan for the student that	16920
specifies the student matriculating to a two-year degree program,	16921
acquiring a business and industry credential, or entering an	16922
apprenticeship.	16923

(4) The student's high school provides counseling and support	16924
for the student related to the plan developed under division	16925
(D)(3) of this section during the remainder of the student's high	16926
school experience.	16927

(5) The student successfully completes, at a minimum, the	16928
curriculum prescribed in division (B) of this section.	16929

The partnership for continued learning, in collaboration with	16930
the department of education and the Ohio board of regents, shall	16931
analyze student performance data to determine if there are	16932
mitigating factors that warrant extending the exception permitted	16933
by division (D) of this section to high school classes beyond	16934
those entering ninth grade before July 1, 2014. The partnership	16935
shall submit its findings and any recommendations not later than	16936
August 1, 2014, to the speaker and minority leader of the house of	16937
representatives, the president and minority leader of the senate,	16938
the chairpersons and ranking minority members of the standing	16939
committees of the house of representatives and the senate that	16940
consider education legislation, the state board of education, and	16941
the superintendent of public instruction.	16942

(E) Each school district and chartered nonpublic school	16943
retains the authority to require an even more rigorous minimum	16944
curriculum for high school graduation than specified in division	16945
(B) or (C) of this section. A school district board of education,	16946
through the adoption of a resolution, or the governing authority	16947
of a chartered nonpublic school may stipulate any of the	16948
following:	16949

(1) A minimum high school curriculum that requires more than	16950
twenty units of academic credit to graduate;	16951

(2) An exception to the district's or school's minimum high	16952
school curriculum that is comparable to the exception provided in	16953
division (D) of this section but with additional requirements,	16954
which may include a requirement that the student successfully	16955
complete more than the minimum curriculum prescribed in division	16956
(B) of this section;	16957

(3) That no exception comparable to that provided in division	16958
(D) of this section is available.	16959

(F) A student enrolled in a dropout prevention and recovery	16960
program, which program has received a waiver from the department	16961
of education, may qualify for graduation from high school by	16962
successfully completing a competency-based instructional program	16963
administered by the dropout prevention and recovery program in	16964
lieu of completing the Ohio core curriculum prescribed in division	16965
(C) of this section. The department shall grant a waiver to a	16966
dropout prevention and recovery program, within sixty days after	16967
the program applies for the waiver, if the program meets all of	16968
the following conditions:	16969

(1) The program serves only students not younger than sixteen	16970
years of age and not older than twenty-one years of age.	16971

(2) The program enrolls students who, at the time of their	16972
initial enrollment, either, or both, are at least one grade level	16973
behind their cohort age groups or experience crises that	16974
significantly interfere with their academic progress such that	16975
they are prevented from continuing their traditional programs.	16976

(3) The program requires students to attain at least the	16977
applicable score designated for each of the tests prescribed under	16978
division (B) of section 3301.0710 of the Revised Code.	16979

(4) The program develops an individual career plan for the	16980
student that specifies the student's matriculating to a two-year	16981
degree program, acquiring a business and industry credential, or	16982
entering an apprenticeship.	16983

(5) The program provides counseling and support for the	16984
student related to the plan developed under division (F)(4) of	16985
this section during the remainder of the student's high school	16986
experience.	16987

(6) The program requires the student and the student's	16988
parent, guardian, or custodian to sign and file, in accordance	16989
with procedural requirements stipulated by the program, a written	16990
statement asserting the parent's, guardian's, or custodian's	16991
consent to the student's graduating without completing the Ohio	16992
core curriculum and acknowledging that one consequence of not	16993
completing the Ohio core curriculum is ineligibility to enroll in	16994
most state universities in Ohio without further coursework.	16995

(7) Prior to receiving the waiver, the program has submitted	16996
to the department an instructional plan that demonstrates how the	16997
academic content standards adopted by the state board of education	16998
under section 3301.079 of the Revised Code will be taught and	16999
assessed.	17000

If the department does not act either to grant the waiver or	17001
to reject the program application for the waiver within sixty days	17002
as required under this section, the waiver shall be considered to	17003
be granted.	17004

(G) Every high school may permit students below the ninth	17005
grade to take advanced work for high school credit. A high school	17006
shall count such advanced work toward the graduation requirements	17007
of division (B) or (C) of this section if the advanced work was	17008
both:	17009

(1) Taught by a person who possesses a license or certificate	17010
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	17011
Code that is valid for teaching high school;	17012

(2) Designated by the board of education of the city, local,	17013
or exempted village school district, the board of the cooperative	17014
education school district, or the governing authority of the	17015
chartered nonpublic school as meeting the high school curriculum	17016
requirements.	17017

Each high school shall record on the student's high school	17018
transcript all high school credit awarded under division (G) of	17019
this section. In addition, if the student completed a seventh- or	17020
eighth-grade fine arts course described in division (K) of this	17021
section and the course qualified for high school credit under that	17022
division, the high school shall record that course on the	17023
student's high school transcript.	17024

(H) The department shall make its individual academic career	17025
plan available through its Ohio career information system web site	17026
for districts and schools to use as a tool for communicating with	17027
and providing guidance to students and families in selecting high	17028
school courses.	17029

(I) Units earned in English language arts, mathematics,	17030
science, and social studies that are delivered through integrated	17031
academic and career-technical instruction are eligible to meet the	17032
graduation requirements of division (B) or (C) of this section.	17033

(J) The state board of education, in consultation with the	17034
Ohio board of regents and the partnership for continued learning,	17035
shall adopt a statewide plan implementing methods for students to	17036
earn units of high school credit based on a demonstration of	17037
subject area competency, instead of or in combination with	17038
completing hours of classroom instruction. The state board shall	17039
adopt the plan not later than March 31, 2009, and commence phasing	17040
in the plan during the 2009-2010 school year. The plan shall	17041
include a standard method for recording demonstrated proficiency	17042
on high school transcripts. Each school district, community	17043
school, and chartered nonpublic school shall comply with the state	17044
board's plan adopted under this division and award units of high	17045
school credit in accordance with the plan. The state board may	17046
adopt existing methods for earning high school credit based on a	17047
demonstration of subject area competency as necessary prior to the	17048
2009-2010 school year.	17049

(K) This division does not apply to students who qualify for	17050
graduation from high school under division (D) or (F) of this	17051
section, or to students pursuing a career-technical instructional	17052
track as determined by the school district board of education or	17053
the chartered nonpublic school's governing authority.	17054
Nevertheless, the general assembly encourages such students to	17055
consider enrolling in a fine arts course as an elective.	17056

Beginning with students who enter ninth grade for the first	17057
time on or after July 1, 2010, each student enrolled in a public	17058
or chartered nonpublic high school shall complete two semesters or	17059
the equivalent of fine arts to graduate from high school. The	17060
coursework may be completed in any of grades seven to twelve. Each	17061
student who completes a fine arts course in grade seven or eight	17062
may elect to count that course toward the five units of electives	17063
required for graduation under division (C)(7) of this section, if	17064
the course satisfied the requirements of division (G) of this	17065
section. In that case, the high school shall award the student	17066
high school credit for the course and count the course toward the	17067
five units required under division (C)(7) of this section. If the	17068
course in grade seven or eight did not satisfy the requirements of	17069
division (G) of this section, the high school shall not award the	17070
student high school credit for the course but shall count the	17071
course toward the two semesters or the equivalent of fine arts	17072
required by this division.	17073

(L) Notwithstanding anything to the contrary in this section,	17074
the board of education of each school district and the governing	17075
authority of each chartered nonpublic school may adopt a policy to	17076
excuse from the high school physical education requirement each	17077
student who, during high school, has participated in	17078
interscholastic athletics, marching band, or cheerleading for at	17079
least two full seasons. If the board or authority adopts such a	17080
policy, the board or authority shall not require the student to	17081
complete any physical education course as a condition to graduate.	17082
However, the student shall be required to complete one-half unit,	17083
consisting of at least sixty hours of instruction, in another	17084
course of study.	17085

Sec. 3313.615. This section shall apply to diplomas awarded	17086
after September 15, 2006, to students who are required to take the	17087
five Ohio graduation tests prescribed by division (B) of section	17088
3301.0710 of the Revised Code.	17089

(A) As an alternative to the requirement that a person attain	17090
the scores designated under division (B) of section 3301.0710 of	17091
the Revised Code on all the tests required under that division in	17092
order to be eligible for a high school diploma or an honors	17093
diploma under sections 3313.61, 3313.612, or 3325.08 of the	17094
Revised Code or for a diploma of adult education under section	17095
3313.611 of the Revised Code, a person who has attained at least	17096
the applicable scores designated under division (B) of section	17097
3301.0710 of the Revised Code on all but one of the tests required	17098
by that division and from which the person was not excused or	17099
exempted, pursuant to division ~~(H) or~~ (L) of section 3313.61,	17100
division (B)(1) of section 3313.612, or section 3313.532 of the	17101
Revised Code, may be awarded a diploma or honors diploma if the	17102
person has satisfied all of the following conditions:	17103

(1) On the one test required under division (B) of section	17104
3301.0710 of the Revised Code for which the person failed to	17105
attain the designated score, the person missed that score by ten	17106
points or less;	17107

(2) Has a ninety-seven per cent school attendance rate in	17108
each of the last four school years, excluding any excused	17109
absences;	17110

(3) Has not been expelled from school under section 3313.66	17111
of the Revised Code in any of the last four school years;	17112

(4) Has a grade point average of at least 2.5 out of 4.0, or	17113
its equivalent as designated in rules adopted by the state board	17114
of education, in the subject area of the test required under	17115
division (B) of section 3301.0710 of the Revised Code for which	17116
the person failed to attain the designated score;	17117

(5) Has completed the high school curriculum requirements	17118
prescribed in section 3313.603 of the Revised Code or has	17119
qualified under division (D) or (F) of that section;	17120

(6) Has taken advantage of any intervention programs provided	17121
by the school district or school in the subject area described in	17122
division (A)(4) of this section and has a ninety-seven per cent	17123
attendance rate, excluding any excused absences, in any of those	17124
programs that are provided at times beyond the normal school day,	17125
school week, or school year or has received comparable	17126
intervention services from a source other than the school district	17127
or school;	17128

(7) Holds a letter recommending graduation from each of the	17129
person's high school teachers in the subject area described in	17130
division (A)(4) of this section and from the person's high school	17131
principal.	17132

(B) The state board of education shall establish rules	17133
designating grade point averages equivalent to the average	17134
specified in division (A)(4) of this section for use by school	17135
districts and schools with different grading systems.	17136

(C) Any student who is exempt from attaining the applicable	17137
score designated under division (B) of section 3301.0710 of the	17138
Revised Code on the Ohio graduation test in social studies	17139
pursuant to division (H) of section 3313.61 or division (B)(2) of	17140
section 3313.612 of the Revised Code shall not qualify for a high	17141
school diploma under this section, unless, notwithstanding the	17142
exemption, the student attains the applicable score on that test.	17143
If the student attains the applicable score on that test, the	17144
student may qualify for a diploma under this section in the same	17145
manner as any other student who is required to take the five Ohio	17146
graduation tests prescribed by division (B) of section 3301.0710	17147
of the Revised Code.	17148

Sec. 3313.64. (A) As used in this section and in section	17149
3313.65 of the Revised Code:	17150

(1)(a) Except as provided in division (A)(1)(b) of this	17151
section, "parent" means either parent, unless the parents are	17152
separated or divorced or their marriage has been dissolved or	17153
annulled, in which case "parent" means the parent who is the	17154
residential parent and legal custodian of the child. When a child	17155
is in the legal custody of a government agency or a person other	17156
than the child's natural or adoptive parent, "parent" means the	17157
parent with residual parental rights, privileges, and	17158
responsibilities. When a child is in the permanent custody of a	17159
government agency or a person other than the child's natural or	17160
adoptive parent, "parent" means the parent who was divested of	17161
parental rights and responsibilities for the care of the child and	17162
the right to have the child live with the parent and be the legal	17163
custodian of the child and all residual parental rights,	17164
privileges, and responsibilities.	17165

(b) When a child is the subject of a power of attorney	17166
executed under sections 3109.51 to 3109.62 of the Revised Code,	17167
"parent" means the grandparent designated as attorney in fact	17168
under the power of attorney. When a child is the subject of a	17169
caretaker authorization affidavit executed under sections 3109.64	17170
to 3109.73 of the Revised Code, "parent" means the grandparent	17171
that executed the affidavit.	17172

(2) "Legal custody," "permanent custody," and "residual	17173
parental rights, privileges, and responsibilities" have the same	17174
meanings as in section 2151.011 of the Revised Code.	17175

(3) "School district" or "district" means a city, local, or	17176
exempted village school district and excludes any school operated	17177
in an institution maintained by the department of youth services.	17178

(4) Except as used in division (C)(2) of this section, "home"	17179
means a home, institution, foster home, group home, or other	17180
residential facility in this state that receives and cares for	17181
children, to which any of the following applies:	17182

(a) The home is licensed, certified, or approved for such	17183
purpose by the state or is maintained by the department of youth	17184
services.	17185

(b) The home is operated by a person who is licensed,	17186
certified, or approved by the state to operate the home for such	17187
purpose.	17188

(c) The home accepted the child through a placement by a	17189
person licensed, certified, or approved to place a child in such a	17190
home by the state.	17191

(d) The home is a children's home created under section	17192
5153.21 or 5153.36 of the Revised Code.	17193

(5) "Agency" means all of the following:

17194

(a) A public children services agency;

17195

(b) An organization that holds a certificate issued by the	17196
Ohio department of job and family services in accordance with the	17197
requirements of section 5103.03 of the Revised Code and assumes	17198
temporary or permanent custody of children through commitment,	17199
agreement, or surrender, and places children in family homes for	17200
the purpose of adoption;	17201

(c) Comparable agencies of other states or countries that	17202
have complied with applicable requirements of section 2151.39, or	17203
sections 5103.20 to 5103.22 of the Revised Code.	17204

(6) A child is placed for adoption if either of the following	17205
occurs:	17206

(a) An agency to which the child has been permanently	17207
committed or surrendered enters into an agreement with a person	17208
pursuant to section 5103.16 of the Revised Code for the care and	17209
adoption of the child.	17210

(b) The child's natural parent places the child pursuant to	17211
section 5103.16 of the Revised Code with a person who will care	17212
for and adopt the child.	17213

(7) "Handicapped preschool child" means a handicapped child,	17214
as defined by division (A) of section 3323.01 of the Revised Code,	17215
who is at least three years of age but is not of compulsory school	17216
age, as defined in section 3321.01 of the Revised Code, and who is	17217
not currently enrolled in kindergarten.	17218

(8) "Child," unless otherwise indicated, includes handicapped	17219
preschool children.	17220

(9) "Active duty" means active duty pursuant to an executive	17221
order of the president of the United States, an act of the	17222
congress of the United States, or section 5919.29 or 5923.21 of	17223
the Revised Code.	17224

(B) Except as otherwise provided in section 3321.01 of the	17225
Revised Code for admittance to kindergarten and first grade, a	17226
child who is at least five but under twenty-two years of age and	17227
any handicapped preschool child shall be admitted to school as	17228
provided in this division.	17229

(1) A child shall be admitted to the schools of the school	17230
district in which the child's parent resides.	17231

(2) A child who does not reside in the district where the	17232
child's parent resides shall be admitted to the schools of the	17233
district in which the child resides if any of the following	17234
applies:	17235

(a) The child is in the legal or permanent custody of a	17236
government agency or a person other than the child's natural or	17237
adoptive parent.	17238

(b) The child resides in a home.

17239

17240

(3) A child who is not entitled under division (B)(2) of this	17241
section to be admitted to the schools of the district where the	17242
child resides and who is residing with a resident of this state	17243
with whom the child has been placed for adoption shall be admitted	17244
to the schools of the district where the child resides unless	17245
either of the following applies:	17246

(a) The placement for adoption has been terminated.

17247

(b) Another school district is required to admit the child	17248
under division (B)(1) of this section.	17249

Division (B) of this section does not prohibit the board of	17250
education of a school district from placing a handicapped child	17251
who resides in the district in a special education program outside	17252
of the district or its schools in compliance with Chapter 3323. of	17253
the Revised Code.	17254

(C) A district shall not charge tuition for children admitted	17255
under division (B)(1) or (3) of this section. If the district	17256
admits a child under division (B)(2) of this section, tuition	17257
shall be paid to the district that admits the child as follows:	17258

(1) If the child receives special education in accordance	17259
with Chapter 3323. of the Revised Code, the school district of	17260
residence, as defined in section 3323.01 of the Revised Code,	17261
shall pay tuition for the child in accordance with section	17262
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	17263
regardless of who has custody of the child or whether the child	17264
resides in a home.	17265

(2) For a child that does not receive special education in	17266
accordance with Chapter 3323. of the Revised Code, except as	17267
otherwise provided in division (C)(2)(d) of this section, if the	17268
child is in the permanent or legal custody of a government agency	17269
or person other than the child's parent, tuition shall be paid by:	17270

(a) The district in which the child's parent resided at the	17271
time the court removed the child from home or at the time the	17272
court vested legal or permanent custody of the child in the person	17273
or government agency, whichever occurred first;	17274

(b) If the parent's residence at the time the court removed	17275
the child from home or placed the child in the legal or permanent	17276
custody of the person or government agency is unknown, tuition	17277
shall be paid by the district in which the child resided at the	17278
time the child was removed from home or placed in legal or	17279
permanent custody, whichever occurred first;	17280

(c) If a school district cannot be established under division	17281
(C)(2)(a) or (b) of this section, tuition shall be paid by the	17282
district determined as required by section 2151.362 of the Revised	17283
Code by the court at the time it vests custody of the child in the	17284
person or government agency;	17285

(d) If at the time the court removed the child from home or	17286
vested legal or permanent custody of the child in the person or	17287
government agency, whichever occurred first, one parent was in a	17288
residential or correctional facility or a juvenile residential	17289
placement and the other parent, if living and not in such a	17290
facility or placement, was not known to reside in this state,	17291
tuition shall be paid by the district determined under division	17292
(D) of section 3313.65 of the Revised Code as the district	17293
required to pay any tuition while the parent was in such facility	17294
or placement;	17295

(e) If the ~~court has modified its order as to which district~~	17296
department of education has determined, pursuant to division	17297
(A)(2) of section 2151.362 of the Revised Code, that a school	17298
district other than the one named in the court's initial order, or	17299
in a prior determination of the department, is responsible to bear	17300
the cost of educating the child ~~pursuant to division (A)(2) of~~	17301
~~section 2151.362 of the Revised Code~~, the district so determined	17302
toshall be responsible for that cost ~~in the order so modified~~.	17303

(3) If the child is not in the permanent or legal custody of	17304
a government agency or person other than the child's parent and	17305
the child resides in a home, tuition shall be paid by one of the	17306
following:	17307

(a) The school district in which the child's parent resides;

17308

(b) If the child's parent is not a resident of this state,	17309
the home in which the child resides.	17310

(D) Tuition required to be paid under divisions (C)(2) and	17311
(3)(a) of this section shall be computed in accordance with	17312
section 3317.08 of the Revised Code. Tuition required to be paid	17313
under division (C)(3)(b) of this section shall be computed in	17314
accordance with section 3317.081 of the Revised Code. If a home	17315
fails to pay the tuition required by division (C)(3)(b) of this	17316
section, the board of education providing the education may	17317
recover in a civil action the tuition and the expenses incurred in	17318
prosecuting the action, including court costs and reasonable	17319
attorney's fees. If the prosecuting attorney or city director of	17320
law represents the board in such action, costs and reasonable	17321
attorney's fees awarded by the court, based upon the prosecuting	17322
attorney's, director's, or one of their designee's time spent	17323
preparing and presenting the case, shall be deposited in the	17324
county or city general fund.	17325

(E) A board of education may enroll a child free of any	17326
tuition obligation for a period not to exceed sixty days, on the	17327
sworn statement of an adult resident of the district that the	17328
resident has initiated legal proceedings for custody of the child.	17329

(F) In the case of any individual entitled to attend school	17330
under this division, no tuition shall be charged by the school	17331
district of attendance and no other school district shall be	17332
required to pay tuition for the individual's attendance.	17333
Notwithstanding division (B), (C), or (E) of this section:	17334

(1) All persons at least eighteen but under twenty-two years	17335
of age who live apart from their parents, support themselves by	17336
their own labor, and have not successfully completed the high	17337
school curriculum or the individualized education program	17338
developed for the person by the high school pursuant to section	17339
3323.08 of the Revised Code, are entitled to attend school in the	17340
district in which they reside.	17341

(2) Any child under eighteen years of age who is married is	17342
entitled to attend school in the child's district of residence.	17343

(3) A child is entitled to attend school in the district in	17344
which either of the child's parents is employed if the child has a	17345
medical condition that may require emergency medical attention.	17346
The parent of a child entitled to attend school under division	17347
(F)(3) of this section shall submit to the board of education of	17348
the district in which the parent is employed a statement from the	17349
child's physician certifying that the child's medical condition	17350
may require emergency medical attention. The statement shall be	17351
supported by such other evidence as the board may require.	17352

(4) Any child residing with a person other than the child's	17353
parent is entitled, for a period not to exceed twelve months, to	17354
attend school in the district in which that person resides if the	17355
child's parent files an affidavit with the superintendent of the	17356
district in which the person with whom the child is living resides	17357
stating all of the following:	17358

(a) That the parent is serving outside of the state in the	17359
armed services of the United States;	17360

(b) That the parent intends to reside in the district upon	17361
returning to this state;	17362

(c) The name and address of the person with whom the child is	17363
living while the parent is outside the state.	17364

(5) Any child under the age of twenty-two years who, after	17365
the death of a parent, resides in a school district other than the	17366
district in which the child attended school at the time of the	17367
parent's death is entitled to continue to attend school in the	17368
district in which the child attended school at the time of the	17369
parent's death for the remainder of the school year, subject to	17370
approval of that district board.	17371

(6) A child under the age of twenty-two years who resides	17372
with a parent who is having a new house built in a school district	17373
outside the district where the parent is residing is entitled to	17374
attend school for a period of time in the district where the new	17375
house is being built. In order to be entitled to such attendance,	17376
the parent shall provide the district superintendent with the	17377
following:	17378

(a) A sworn statement explaining the situation, revealing the	17379
location of the house being built, and stating the parent's	17380
intention to reside there upon its completion;	17381

(b) A statement from the builder confirming that a new house	17382
is being built for the parent and that the house is at the	17383
location indicated in the parent's statement.	17384

(7) A child under the age of twenty-two years residing with a	17385
parent who has a contract to purchase a house in a school district	17386
outside the district where the parent is residing and who is	17387
waiting upon the date of closing of the mortgage loan for the	17388
purchase of such house is entitled to attend school for a period	17389
of time in the district where the house is being purchased. In	17390
order to be entitled to such attendance, the parent shall provide	17391
the district superintendent with the following:	17392

(a) A sworn statement explaining the situation, revealing the	17393
location of the house being purchased, and stating the parent's	17394
intent to reside there;	17395

(b) A statement from a real estate broker or bank officer	17396
confirming that the parent has a contract to purchase the house,	17397
that the parent is waiting upon the date of closing of the	17398
mortgage loan, and that the house is at the location indicated in	17399
the parent's statement.	17400

The district superintendent shall establish a period of time	17401
not to exceed ninety days during which the child entitled to	17402
attend school under division (F)(6) or (7) of this section may	17403
attend without tuition obligation. A student attending a school	17404
under division (F)(6) or (7) of this section shall be eligible to	17405
participate in interscholastic athletics under the auspices of	17406
that school, provided the board of education of the school	17407
district where the student's parent resides, by a formal action,	17408
releases the student to participate in interscholastic athletics	17409
at the school where the student is attending, and provided the	17410
student receives any authorization required by a public agency or	17411
private organization of which the school district is a member	17412
exercising authority over interscholastic sports.	17413

(8) A child whose parent is a full-time employee of a city,	17414
local, or exempted village school district, or of an educational	17415
service center, may be admitted to the schools of the district	17416
where the child's parent is employed, or in the case of a child	17417
whose parent is employed by an educational service center, in the	17418
district that serves the location where the parent's job is	17419
primarily located, provided the district board of education	17420
establishes such an admission policy by resolution adopted by a	17421
majority of its members. Any such policy shall take effect on the	17422
first day of the school year and the effective date of any	17423
amendment or repeal may not be prior to the first day of the	17424
subsequent school year. The policy shall be uniformly applied to	17425
all such children and shall provide for the admission of any such	17426
child upon request of the parent. No child may be admitted under	17427
this policy after the first day of classes of any school year.	17428

(9) A child who is with the child's parent under the care of	17429
a shelter for victims of domestic violence, as defined in section	17430
3113.33 of the Revised Code, is entitled to attend school free in	17431
the district in which the child is with the child's parent, and no	17432
other school district shall be required to pay tuition for the	17433
child's attendance in that school district.	17434

The enrollment of a child in a school district under this	17435
division shall not be denied due to a delay in the school	17436
district's receipt of any records required under section 3313.672	17437
of the Revised Code or any other records required for enrollment.	17438
Any days of attendance and any credits earned by a child while	17439
enrolled in a school district under this division shall be	17440
transferred to and accepted by any school district in which the	17441
child subsequently enrolls. The state board of education shall	17442
adopt rules to ensure compliance with this division.	17443

(10) Any child under the age of twenty-two years whose parent	17444
has moved out of the school district after the commencement of	17445
classes in the child's senior year of high school is entitled,	17446
subject to the approval of that district board, to attend school	17447
in the district in which the child attended school at the time of	17448
the parental move for the remainder of the school year and for one	17449
additional semester or equivalent term. A district board may also	17450
adopt a policy specifying extenuating circumstances under which a	17451
student may continue to attend school under division (F)(10) of	17452
this section for an additional period of time in order to	17453
successfully complete the high school curriculum for the	17454
individualized education program developed for the student by the	17455
high school pursuant to section 3323.08 of the Revised Code.	17456

(11) As used in this division, "grandparent" means a parent	17457
of a parent of a child. A child under the age of twenty-two years	17458
who is in the custody of the child's parent, resides with a	17459
grandparent, and does not require special education is entitled to	17460
attend the schools of the district in which the child's	17461
grandparent resides, provided that, prior to such attendance in	17462
any school year, the board of education of the school district in	17463
which the child's grandparent resides and the board of education	17464
of the school district in which the child's parent resides enter	17465
into a written agreement specifying that good cause exists for	17466
such attendance, describing the nature of this good cause, and	17467
consenting to such attendance.	17468

In lieu of a consent form signed by a parent, a board of	17469
education may request the grandparent of a child attending school	17470
in the district in which the grandparent resides pursuant to	17471
division (F)(11) of this section to complete any consent form	17472
required by the district, including any authorization required by	17473
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	17474
Code. Upon request, the grandparent shall complete any consent	17475
form required by the district. A school district shall not incur	17476
any liability solely because of its receipt of a consent form from	17477
a grandparent in lieu of a parent.	17478

Division (F)(11) of this section does not create, and shall	17479
not be construed as creating, a new cause of action or substantive	17480
legal right against a school district, a member of a board of	17481
education, or an employee of a school district. This section does	17482
not affect, and shall not be construed as affecting, any	17483
immunities from defenses to tort liability created or recognized	17484
by Chapter 2744. of the Revised Code for a school district,	17485
member, or employee.	17486

(12) A child under the age of twenty-two years is entitled to	17487
attend school in a school district other than the district in	17488
which the child is entitled to attend school under division (B),	17489
(C), or (E) of this section provided that, prior to such	17490
attendance in any school year, both of the following occur:	17491

(a) The superintendent of the district in which the child is	17492
entitled to attend school under division (B), (C), or (E) of this	17493
section contacts the superintendent of another district for	17494
purposes of this division;	17495

(b) The superintendents of both districts enter into a	17496
written agreement that consents to the attendance and specifies	17497
that the purpose of such attendance is to protect the student's	17498
physical or mental well-being or to deal with other extenuating	17499
circumstances deemed appropriate by the superintendents.	17500

While an agreement is in effect under this division for a	17501
student who is not receiving special education under Chapter 3323.	17502
of the Revised Code and notwithstanding Chapter 3327. of the	17503
Revised Code, the board of education of neither school district	17504
involved in the agreement is required to provide transportation	17505
for the student to and from the school where the student attends.	17506

A student attending a school of a district pursuant to this	17507
division shall be allowed to participate in all student	17508
activities, including interscholastic athletics, at the school	17509
where the student is attending on the same basis as any student	17510
who has always attended the schools of that district while of	17511
compulsory school age.	17512

(13) All school districts shall comply with the	17513
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	17514
seq., for the education of homeless children. Each city, local,	17515
and exempted village school district shall comply with the	17516
requirements of that act governing the provision of a free,	17517
appropriate public education, including public preschool, to each	17518
homeless child.	17519

When a child loses permanent housing and becomes a homeless	17520
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	17521
such a homeless person changes temporary living arrangements, the	17522
child's parent or guardian shall have the option of enrolling the	17523
child in either of the following:	17524

(a) The child's school of origin, as defined in 42 U.S.C.A.	17525
11432(g)(3)(C);	17526

(b) The school that is operated by the school district in	17527
which the shelter where the child currently resides is located and	17528
that serves the geographic area in which the shelter is located.	17529

(14) A child under the age of twenty-two years who resides	17530
with a person other than the child's parent is entitled to attend	17531
school in the school district in which that person resides if both	17532
of the following apply:	17533

(a) That person has been appointed, through a military power	17534
of attorney executed under section 574(a) of the "National Defense	17535
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	17536
U.S.C. 1044b, or through a comparable document necessary to	17537
complete a family care plan, as the parent's agent for the care,	17538
custody, and control of the child while the parent is on active	17539
duty as a member of the national guard or a reserve unit of the	17540
armed forces of the United States or because the parent is a	17541
member of the armed forces of the United States and is on a duty	17542
assignment away from the parent's residence.	17543

(b) The military power of attorney or comparable document	17544
includes at least the authority to enroll the child in school.	17545

The entitlement to attend school in the district in which the	17546
parent's agent under the military power of attorney or comparable	17547
document resides applies until the end of the school year in which	17548
the military power of attorney or comparable document expires.	17549

(G) A board of education, after approving admission, may	17550
waive tuition for students who will temporarily reside in the	17551
district and who are either of the following:	17552

(1) Residents or domiciliaries of a foreign nation who	17553
request admission as foreign exchange students;	17554

(2) Residents or domiciliaries of the United States but not	17555
of Ohio who request admission as participants in an exchange	17556
program operated by a student exchange organization.	17557

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	17558
3327.04, and 3327.06 of the Revised Code, a child may attend	17559
school or participate in a special education program in a school	17560
district other than in the district where the child is entitled to	17561
attend school under division (B) of this section.	17562

(I)(1) Notwithstanding anything to the contrary in this	17563
section or section 3313.65 of the Revised Code, a child under	17564
twenty-two years of age may attend school in the school district	17565
in which the child, at the end of the first full week of October	17566
of the school year, was entitled to attend school as otherwise	17567
provided under this section or section 3313.65 of the Revised	17568
Code, if at that time the child was enrolled in the schools of the	17569
district but since that time the child or the child's parent has	17570
relocated to a new address located outside of that school district	17571
and within the same county as the child's or parent's address	17572
immediately prior to the relocation. The child may continue to	17573
attend school in the district, and at the school to which the	17574
child was assigned at the end of the first full week of October of	17575
the current school year, for the balance of the school year.	17576
Division (I)(1) of this section applies only if both of the	17577
following conditions are satisfied:	17578

(a) The board of education of the school district in which	17579
the child was entitled to attend school at the end of the first	17580
full week in October and of the district to which the child or	17581
child's parent has relocated each has adopted a policy to enroll	17582
children described in division (I)(1) of this section.	17583

(b) The child's parent provides written notification of the	17584
relocation outside of the school district to the superintendent of	17585
each of the two school districts.	17586

(2) At the beginning of the school year following the school	17587
year in which the child or the child's parent relocated outside of	17588
the school district as described in division (I)(1) of this	17589
section, the child is not entitled to attend school in the school	17590
district under that division.	17591

(3) Any person or entity owing tuition to the school district	17592
on behalf of the child at the end of the first full week in	17593
October, as provided in division (C) of this section, shall	17594
continue to owe such tuition to the district for the child's	17595
attendance under division (I)(1) of this section for the lesser of	17596
the balance of the school year or the balance of the time that the	17597
child attends school in the district under division (I)(1) of this	17598
section.	17599

(4) A pupil who may attend school in the district under	17600
division (I)(1) of this section shall be entitled to	17601
transportation services pursuant to an agreement between the	17602
district and the district in which the child or child's parent has	17603
relocated unless the districts have not entered into such	17604
agreement, in which case the child shall be entitled to	17605
transportation services in the same manner as a pupil attending	17606
school in the district under interdistrict open enrollment as	17607
described in division (H) of section 3313.981 of the Revised Code,	17608
regardless of whether the district has adopted an open enrollment	17609
policy as described in division (B)(1)(b) or (c) of section	17610
3313.98 of the Revised Code.	17611

(J) This division does not apply to a child receiving special	17612
education.	17613

A school district required to pay tuition pursuant to	17614
division (C)(2) or (3) of this section or section 3313.65 of the	17615
Revised Code shall have an amount deducted under division (F) of	17616
section 3317.023 of the Revised Code equal to its own tuition rate	17617
for the same period of attendance. A school district entitled to	17618
receive tuition pursuant to division (C)(2) or (3) of this section	17619
or section 3313.65 of the Revised Code shall have an amount	17620
credited under division (F) of section 3317.023 of the Revised	17621
Code equal to its own tuition rate for the same period of	17622
attendance. If the tuition rate credited to the district of	17623
attendance exceeds the rate deducted from the district required to	17624
pay tuition, the department of education shall pay the district of	17625
attendance the difference from amounts deducted from all	17626
districts' payments under division (F) of section 3317.023 of the	17627
Revised Code but not credited to other school districts under such	17628
division and from appropriations made for such purpose. The	17629
treasurer of each school district shall, by the fifteenth day of	17630
January and July, furnish the superintendent of public instruction	17631
a report of the names of each child who attended the district's	17632
schools under divisions (C)(2) and (3) of this section or section	17633
3313.65 of the Revised Code during the preceding six calendar	17634
months, the duration of the attendance of those children, the	17635
school district responsible for tuition on behalf of the child,	17636
and any other information that the superintendent requires.	17637

Upon receipt of the report the superintendent, pursuant to	17638
division (F) of section 3317.023 of the Revised Code, shall deduct	17639
each district's tuition obligations under divisions (C)(2) and (3)	17640
of this section or section 3313.65 of the Revised Code and pay to	17641
the district of attendance that amount plus any amount required to	17642
be paid by the state.	17643

(K) In the event of a disagreement, the superintendent of	17644
public instruction shall determine the school district in which	17645
the parent resides.	17646

(L) Nothing in this section requires or authorizes, or shall	17647
be construed to require or authorize, the admission to a public	17648
school in this state of a pupil who has been permanently excluded	17649
from public school attendance by the superintendent of public	17650
instruction pursuant to sections 3301.121 and 3313.662 of the	17651
Revised Code.	17652

(M) In accordance with division (B)(1) of this section, a	17653
child whose parent is a member of the national guard or a reserve	17654
unit of the armed forces of the United States and is called to	17655
active duty, or a child whose parent is a member of the armed	17656
forces of the United States and is ordered to a temporary duty	17657
assignment outside of the district, may continue to attend school	17658
in the district in which the child's parent lived before being	17659
called to active duty or ordered to a temporary duty assignment	17660
outside of the district, as long as the child's parent continues	17661
to be a resident of that district, and regardless of where the	17662
child lives as a result of the parent's active duty status or	17663
temporary duty assignment. However, the district is not	17664
responsible for providing transportation for the child if the	17665
child lives outside of the district as a result of the parent's	17666
active duty status or temporary duty assignment.	17667

Sec. 3313.646. (A) The board of education of a school	17668
district, except a cooperative education district established	17669
pursuant to section 3311.521 of the Revised Code, may establish	17670
and operate a preschool program ~~except that no such program shall~~	17671
~~be established after March 17, 1989, unless both of the following~~	17672
~~apply at the time the program is established:~~	17673

~~(1) The~~, provided the board has demonstrated a need for the	17674
program.	17675

~~(2) Unless it is a cooperative education district established~~	17676
~~pursuant to divisions (A) to (C) of section 3311.52 of the Revised~~	17677
~~Code, the school district is eligible for moneys distributed by~~	17678
~~the department of education pursuant to section 3317.029 of the~~	17679
~~Revised Code~~. A board may use school funds in support of preschool	17680
programs. The board shall maintain, operate, and admit children to	17681
any such program pursuant to rules adopted by such board and the	17682
rules of the state board of education adopted under sections	17683
3301.52 to 3301.57 of the Revised Code.	17684

A board of education may establish fees or tuition, which may	17685
be graduated in proportion to family income, for participation in	17686
a preschool program. In cases where payment of fees or tuition	17687
would create a hardship for the child's parent or guardian, the	17688
board may waive any such fees or tuition.	17689

(B) No board of education that is not receiving funds under	17690
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	17691
March 17, 1989, shall compete for funds under the "Head Start Act"	17692
with any grantee receiving funds under that act.	17693

(C) A board of education may contract with any of the	17694
following preschool providers to provide preschool programs, other	17695
than programs for units described by divisions (B) and (C) of	17696
section 3317.05 of the Revised Code, for children of the school	17697
district:	17698

(1) Any organization receiving funds under the "Head Start	17699
Act";	17700

(2) Any nonsectarian eligible nonpublic school as defined in	17701
division (H) of section 3301.52 of the Revised Code;	17702

(3) Any child care provider licensed under Chapter 5104. of	17703
the Revised Code.	17704

Boards may contract to provide preschool programs only with	17705
such organizations whose staff meet the requirements of rules	17706
adopted under section 3301.53 of the Revised Code or those of the	17707
child development associate credential established by the national	17708
association for the education of young children.	17709

(D) A contract entered into under division (C) of this	17710
section may provide for the board of education to lease school	17711
facilities to the preschool provider or to furnish transportation,	17712
utilities, or staff for the preschool program.	17713

(E) The treasurer of any board of education operating a	17714
preschool program pursuant to this section shall keep an account	17715
of all funds used to operate the program in the same manner as he	17716
the treasurer would any other funds of the district pursuant to	17717
this chapter.	17718

Sec. 3313.66. (A) Except as provided under division (B)(2)	17719
of this section, the superintendent of schools of a city, exempted	17720
village, or local school district, or the principal of a public	17721
school may suspend a pupil from school for not more than ten	17722
school days. The board of education of a city, exempted village,	17723
or local school district may adopt a policy granting assistant	17724
principals and other administrators the authority to suspend a	17725
pupil from school for a period of time as specified in the policy	17726
of the board of education, not to exceed ten school days. If at	17727
the time a suspension is imposed there are fewer than ten school	17728
days remaining in the school year in which the incident that gives	17729
rise to the suspension takes place, the superintendent may apply	17730
any remaining part or all of the period of the suspension to the	17731
following school year. Except in the case of a pupil given an	17732
in-school suspension, no pupil shall be suspended unless prior to	17733
the suspension such superintendent or principal does both of the	17734
following:	17735

(1) Gives the pupil written notice of the intention to	17736
suspend the pupil and the reasons for the intended suspension and,	17737
if the proposed suspension is based on a violation listed in	17738
division (A) of section 3313.662 of the Revised Code and if the	17739
pupil is sixteen years of age or older, includes in the notice a	17740
statement that the superintendent may seek to permanently exclude	17741
the pupil if the pupil is convicted of or adjudicated a delinquent	17742
child for that violation;	17743

(2) Provides the pupil an opportunity to appear at an	17744
informal hearing before the principal, assistant principal,	17745
superintendent, or superintendent's designee and challenge the	17746
reason for the intended suspension or otherwise to explain the	17747
pupil's actions.	17748

(B)(1) Except as provided under division (B)(2), (3), or (4)	17749
of this section, the superintendent of schools of a city, exempted	17750
village, or local school district may expel a pupil from school	17751
for a period not to exceed the greater of eighty school days or	17752
the number of school days remaining in the semester or term in	17753
which the incident that gives rise to the expulsion takes place,	17754
unless the expulsion is extended pursuant to division (F) of this	17755
section. If at the time an expulsion is imposed there are fewer	17756
than eighty school days remaining in the school year in which the	17757
incident that gives rise to the expulsion takes place, the	17758
superintendent may apply any remaining part or all of the period	17759
of the expulsion to the following school year.	17760

(2)(a) Unless a pupil is permanently excluded pursuant to	17761
section 3313.662 of the Revised Code, the superintendent of	17762
schools of a city, exempted village, or local school district	17763
shall expel a pupil from school for a period of one year for	17764
bringing a firearm to a school operated by the board of education	17765
of the district or onto any other property owned or controlled by	17766
the board, except that the superintendent may reduce this	17767
requirement on a case-by-case basis in accordance with the policy	17768
adopted by the board under section 3313.661 of the Revised Code.	17769

(b) The superintendent of schools of a city, exempted	17770
village, or local school district may expel a pupil from school	17771
for a period of one year for bringing a firearm to an	17772
interscholastic competition, an extracurricular event, or any	17773
other school program or activity that is not located in a school	17774
or on property that is owned or controlled by the district. The	17775
superintendent may reduce this disciplinary action on a	17776
case-by-case basis in accordance with the policy adopted by the	17777
board under section 3313.661 of the Revised Code.	17778

(c) Any expulsion pursuant to division (B)(2) of this section	17779
shall extend, as necessary, into the school year following the	17780
school year in which the incident that gives rise to the expulsion	17781
takes place. As used in this division, "firearm" has the same	17782
meaning as provided pursuant to the "Gun-Free Schools Act of	17783
~~1994~~," ~~108~~115 Stat. ~~270~~1762, 20 U.S.C. ~~8001(a)(2)~~7151.	17784

(3) The board of education of a city, exempted village, or	17785
local school district may adopt a resolution authorizing the	17786
superintendent of schools to expel a pupil from school for a	17787
period not to exceed one year for bringing a knife to a school	17788
operated by the board, onto any other property owned or controlled	17789
by the board, or to an interscholastic competition, an	17790
extracurricular event, or any other program or activity sponsored	17791
by the school district or in which the district is a participant,	17792
or for possessing a firearm or knife at a school, on any other	17793
property owned or controlled by the board, or at an	17794
interscholastic competition, an extracurricular event, or any	17795
other school program or activity, which firearm or knife was	17796
initially brought onto school board property by another person.	17797
The resolution may authorize the superintendent to extend such an	17798
expulsion, as necessary, into the school year following the school	17799
year in which the incident that gives rise to the expulsion takes	17800
place.	17801

(4) The board of education of a city, exempted village, or	17802
local school district may adopt a resolution establishing a policy	17803
under section 3313.661 of the Revised Code that authorizes the	17804
superintendent of schools to expel a pupil from school for a	17805
period not to exceed one year for committing an act that is a	17806
criminal offense when committed by an adult and that results in	17807
serious physical harm to persons as defined in division (A)(5) of	17808
section 2901.01 of the Revised Code or serious physical harm to	17809
property as defined in division (A)(6) of section 2901.01 of the	17810
Revised Code while the pupil is at school, on any other property	17811
owned or controlled by the board, or at an interscholastic	17812
competition, an extracurricular event, or any other school program	17813
or activity. Any expulsion under this division shall extend, as	17814
necessary, into the school year following the school year in which	17815
the incident that gives rise to the expulsion takes place.	17816

(5) The board of education of any city, exempted village, or	17817
local school district may adopt a resolution establishing a policy	17818
under section 3313.661 of the Revised Code that authorizes the	17819
superintendent of schools to expel a pupil from school for a	17820
period not to exceed one year for making a bomb threat to a school	17821
building or to any premises at which a school activity is	17822
occurring at the time of the threat. Any expulsion under this	17823
division shall extend, as necessary, into the school year	17824
following the school year in which the incident that gives rise to	17825
the expulsion takes place.	17826

(6) No pupil shall be expelled under division (B)(1), (2),	17827
(3), (4), or (5) of this section unless, prior to the pupil's	17828
expulsion, the superintendent does both of the following:	17829

(a) Gives the pupil and the pupil's parent, guardian, or	17830
custodian written notice of the intention to expel the pupil;	17831

(b) Provides the pupil and the pupil's parent, guardian,	17832
custodian, or representative an opportunity to appear in person	17833
before the superintendent or the superintendent's designee to	17834
challenge the reasons for the intended expulsion or otherwise to	17835
explain the pupil's actions.	17836

The notice required in this division shall include the	17837
reasons for the intended expulsion, notification of the	17838
opportunity of the pupil and the pupil's parent, guardian,	17839
custodian, or representative to appear before the superintendent	17840
or the superintendent's designee to challenge the reasons for the	17841
intended expulsion or otherwise to explain the pupil's action, and	17842
notification of the time and place to appear. The time to appear	17843
shall not be earlier than three nor later than five school days	17844
after the notice is given, unless the superintendent grants an	17845
extension of time at the request of the pupil or the pupil's	17846
parent, guardian, custodian, or representative. If an extension is	17847
granted after giving the original notice, the superintendent shall	17848
notify the pupil and the pupil's parent, guardian, custodian, or	17849
representative of the new time and place to appear. If the	17850
proposed expulsion is based on a violation listed in division (A)	17851
of section 3313.662 of the Revised Code and if the pupil is	17852
sixteen years of age or older, the notice shall include a	17853
statement that the superintendent may seek to permanently exclude	17854
the pupil if the pupil is convicted of or adjudicated a delinquent	17855
child for that violation.	17856

(7) A superintendent of schools of a city, exempted village,	17857
or local school district shall initiate expulsion proceedings	17858
pursuant to this section with respect to any pupil who has	17859
committed an act warranting expulsion under the district's policy	17860
regarding expulsion even if the pupil has withdrawn from school	17861
for any reason after the incident that gives rise to the hearing	17862
but prior to the hearing or decision to impose the expulsion. If,	17863
following the hearing, the pupil would have been expelled for a	17864
period of time had the pupil still been enrolled in the school,	17865
the expulsion shall be imposed for the same length of time as on a	17866
pupil who has not withdrawn from the school.	17867

(C) If a pupil's presence poses a continuing danger to	17868
persons or property or an ongoing threat of disrupting the	17869
academic process taking place either within a classroom or	17870
elsewhere on the school premises, the superintendent or a	17871
principal or assistant principal may remove a pupil from	17872
curricular activities or from the school premises, and a teacher	17873
may remove a pupil from curricular activities under the teacher's	17874
supervision, without the notice and hearing requirements of	17875
division (A) or (B) of this section. As soon as practicable after	17876
making such a removal, the teacher shall submit in writing to the	17877
principal the reasons for such removal.	17878

If a pupil is removed under this division from a curricular	17879
activity or from the school premises, written notice of the	17880
hearing and of the reason for the removal shall be given to the	17881
pupil as soon as practicable prior to the hearing, which shall be	17882
held within three school days from the time the initial removal is	17883
ordered. The hearing shall be held in accordance with division (A)	17884
of this section unless it is probable that the pupil may be	17885
subject to expulsion, in which case a hearing in accordance with	17886
division (B) of this section shall be held, except that the	17887
hearing shall be held within three school days of the initial	17888
removal. The individual who ordered, caused, or requested the	17889
removal to be made shall be present at the hearing.	17890

If the superintendent or the principal reinstates a pupil in	17891
a curricular activity under the teacher's supervision prior to the	17892
hearing following a removal under this division, the teacher, upon	17893
request, shall be given in writing the reasons for such	17894
reinstatement.	17895

(D) The superintendent or principal, within one school day	17896
after the time of a pupil's expulsion or suspension, shall notify	17897
in writing the parent, guardian, or custodian of the pupil and the	17898
treasurer of the board of education of the expulsion or	17899
suspension. The notice shall include the reasons for the expulsion	17900
or suspension, notification of the right of the pupil or the	17901
pupil's parent, guardian, or custodian to appeal the expulsion or	17902
suspension to the board of education or to its designee, to be	17903
represented in all appeal proceedings, to be granted a hearing	17904
before the board or its designee in order to be heard against the	17905
suspension or expulsion, and to request that the hearing be held	17906
in executive session, notification that the expulsion may be	17907
subject to extension pursuant to division (F) of this section if	17908
the pupil is sixteen years of age or older, and notification that	17909
the superintendent may seek the pupil's permanent exclusion if the	17910
suspension or expulsion was based on a violation listed in	17911
division (A) of section 3313.662 of the Revised Code that was	17912
committed when the child was sixteen years of age or older and if	17913
the pupil is convicted of or adjudicated a delinquent child for	17914
that violation.	17915

In accordance with the policy adopted by the board of	17916
education under section 3313.661 of the Revised Code, the notice	17917
provided under this division shall specify the manner and date by	17918
which the pupil or the pupil's parent, guardian, or custodian	17919
shall notify the board of the pupil's, parent's, guardian's, or	17920
custodian's intent to appeal the expulsion or suspension to the	17921
board or its designee.	17922

Any superintendent expelling a pupil under this section for	17923
more than twenty school days or for any period of time if the	17924
expulsion will extend into the following semester or school year	17925
shall, in the notice required under this division, provide the	17926
pupil and the pupil's parent, guardian, or custodian with	17927
information about services or programs offered by public and	17928
private agencies that work toward improving those aspects of the	17929
pupil's attitudes and behavior that contributed to the incident	17930
that gave rise to the pupil's expulsion. The information shall	17931
include the names, addresses, and phone numbers of the appropriate	17932
public and private agencies.	17933

(E) A pupil or the pupil's parent, guardian, or custodian may	17934
appeal the pupil's expulsion by a superintendent or suspension by	17935
a superintendent, principal, assistant principal, or other	17936
administrator to the board of education or to its designee. If the	17937
pupil or the pupil's parent, guardian, or custodian intends to	17938
appeal the expulsion or suspension to the board or its designee,	17939
the pupil or the pupil's parent, guardian, or custodian shall	17940
notify the board in the manner and by the date specified in the	17941
notice provided under division (D) of this section. The pupil or	17942
the pupil's parent, guardian, or custodian may be represented in	17943
all appeal proceedings and shall be granted a hearing before the	17944
board or its designee in order to be heard against the suspension	17945
or expulsion. At the request of the pupil or of the pupil's	17946
parent, guardian, custodian, or attorney, the board or its	17947
designee may hold the hearing in executive session but shall act	17948
upon the suspension or expulsion only at a public meeting. The	17949
board, by a majority vote of its full membership or by the action	17950
of its designee, may affirm the order of suspension or expulsion,	17951
reinstate the pupil, or otherwise reverse, vacate, or modify the	17952
order of suspension or expulsion.	17953

The board or its designee shall make a verbatim record of	17954
hearings held under this division. The decisions of the board or	17955
its designee may be appealed under Chapter 2506. of the Revised	17956
Code.	17957

This section shall not be construed to require notice and	17958
hearing in accordance with division (A), (B), or (C) of this	17959
section in the case of normal disciplinary procedures in which a	17960
pupil is removed from a curricular activity for a period of less	17961
than one school day and is not subject to suspension or expulsion.	17962

(F)(1) If a pupil is expelled pursuant to division (B) of	17963
this section for committing any violation listed in division (A)	17964
of section 3313.662 of the Revised Code and the pupil was sixteen	17965
years of age or older at the time of committing the violation, if	17966
a complaint, indictment, or information is filed alleging that the	17967
pupil is a delinquent child based upon the commission of the	17968
violation or the pupil is prosecuted as an adult for the	17969
commission of the violation, and if the resultant juvenile court	17970
or criminal proceeding is pending at the time that the expulsion	17971
terminates, the superintendent of schools that expelled the pupil	17972
may file a motion with the court in which the proceeding is	17973
pending requesting an order extending the expulsion for the lesser	17974
of an additional eighty days or the number of school days	17975
remaining in the school year. Upon the filing of the motion, the	17976
court immediately shall schedule a hearing and give written notice	17977
of the time, date, and location of the hearing to the	17978
superintendent and to the pupil and the pupil's parent, guardian,	17979
or custodian. At the hearing, the court shall determine whether	17980
there is reasonable cause to believe that the pupil committed the	17981
alleged violation that is the basis of the expulsion and, upon	17982
determining that reasonable cause to believe the pupil committed	17983
the violation does exist, shall grant the requested extension.	17984

(2) If a pupil has been convicted of or adjudicated a	17985
delinquent child for a violation listed in division (A) of section	17986
3313.662 of the Revised Code for an act that was committed when	17987
the child was sixteen years of age or older, if the pupil has been	17988
expelled pursuant to division (B) of this section for that	17989
violation, and if the board of education of the school district of	17990
the school from which the pupil was expelled has adopted a	17991
resolution seeking the pupil's permanent exclusion, the	17992
superintendent may file a motion with the court that convicted the	17993
pupil or adjudicated the pupil a delinquent child requesting an	17994
order to extend the expulsion until an adjudication order or other	17995
determination regarding permanent exclusion is issued by the	17996
superintendent of public instruction pursuant to section 3301.121	17997
and division (D) of section 3313.662 of the Revised Code. Upon the	17998
filing of the motion, the court immediately shall schedule a	17999
hearing and give written notice of the time, date, and location of	18000
the hearing to the superintendent of the school district, the	18001
pupil, and the pupil's parent, guardian, or custodian. At the	18002
hearing, the court shall determine whether there is reasonable	18003
cause to believe the pupil's continued attendance in the public	18004
school system may endanger the health and safety of other pupils	18005
or school employees and, upon making that determination, shall	18006
grant the requested extension.	18007

(G) The failure of the superintendent or the board of	18008
education to provide the information regarding the possibility of	18009
permanent exclusion in the notice required by divisions (A), (B),	18010
and (D) of this section is not jurisdictional, and the failure	18011
shall not affect the validity of any suspension or expulsion	18012
procedure that is conducted in accordance with this section or the	18013
validity of a permanent exclusion procedure that is conducted in	18014
accordance with sections 3301.121 and 3313.662 of the Revised	18015
Code.	18016

(H) With regard to suspensions and expulsions pursuant to	18017
divisions (A) and (B) of this section by the board of education of	18018
any city, exempted village, or local school district, this section	18019
shall apply to any student, whether or not the student is enrolled	18020
in the district, attending or otherwise participating in any	18021
curricular program provided in a school operated by the board or	18022
provided on any other property owned or controlled by the board.	18023

(I) Whenever a student is expelled under this section, the	18024
expulsion shall result in removal of the student from the	18025
student's regular school setting. However, during the period of	18026
the expulsion, the board of education of the school district that	18027
expelled the student or any board of education admitting the	18028
student during that expulsion period may provide educational	18029
services to the student in an alternative setting.	18030

(J)(1) Notwithstanding sections 3109.51 to 3109.80, 3313.64,	18031
and 3313.65 of the Revised Code, any school district, after	18032
offering an opportunity for a hearing, may temporarily deny	18033
admittance to any pupil if one of the following applies:	18034

(a) The pupil has been suspended from the schools of another	18035
district under division (A) of this section and the period of	18036
suspension, as established under that division, has not expired;	18037

(b) The pupil has been expelled from the schools of another	18038
district under division (B) of this section and the period of the	18039
expulsion, as established under that division or as extended under	18040
division (F) of this section, has not expired.	18041

If a pupil is temporarily denied admission under this	18042
division, the pupil shall be admitted to school in accordance with	18043
sections 3109.51 to 3109.80, 3313.64, or 3313.65 of the Revised	18044
Code no later than upon expiration of the suspension or expulsion	18045
period, as applicable.	18046

(2) Notwithstanding sections 3109.51 to 3109.80, 3313.64, and	18047
3313.65 of the Revised Code, any school district, after offering	18048
an opportunity for a hearing, may temporarily deny admittance to	18049
any pupil if the pupil has been expelled or otherwise removed for	18050
disciplinary purposes from a public school in another state and	18051
the period of expulsion or removal has not expired. If a pupil is	18052
temporarily denied admission under this division, the pupil shall	18053
be admitted to school in accordance with sections 3109.51 to	18054
3109.80, 3313.64, or 3313.65 of the Revised Code no later than the	18055
earlier of the following:	18056

(a) Upon expiration of the expulsion or removal period	18057
imposed by the out-of-state school;	18058

(b) Upon expiration of a period established by the district,	18059
beginning with the date of expulsion or removal from the	18060
out-of-state school, that is no greater than the period of	18061
expulsion that the pupil would have received under the policy	18062
adopted by the district under section 3313.661 of the Revised Code	18063
had the offense that gave rise to the expulsion or removal by the	18064
out-of-state school been committed while the pupil was enrolled in	18065
the district.	18066

(K) As used in this section:

18067

(1) "Permanently exclude" and "permanent exclusion" have the	18068
same meanings as in section 3313.662 of the Revised Code.	18069

(2) "In-school suspension" means the pupil will serve all of	18070
the suspension in a school setting.	18071

Sec. 3313.661. (A) The board of education of each city,	18072
exempted village, and local school district shall adopt a policy	18073
regarding suspension, expulsion, removal, and permanent exclusion	18074
that specifies the types of misconduct for which a pupil may be	18075
suspended, expelled, or removed. The types of misconduct may	18076
include misconduct by a pupil that occurs off of property owned or	18077
controlled by the district but that is connected to activities or	18078
incidents that have occurred on property owned or controlled by	18079
that district and misconduct by a pupil that, regardless of where	18080
it occurs, is directed at a district official or employee, or the	18081
property of such official or employee. The policy shall specify	18082
the reasons for which the superintendent of the district may	18083
reduce the expulsion requirement in division (B)(2) of section	18084
3313.66 of the Revised Code. If a board of education adopts a	18085
resolution pursuant to division (B)(3) of section 3313.66 of the	18086
Revised Code, the policy shall define the term "knife" or	18087
"firearm," as applicable, for purposes of expulsion under that	18088
resolution and shall specify any reasons for which the	18089
superintendent of the district may reduce any required expulsion	18090
period on a case-by-case basis. If a board of education adopts a	18091
resolution pursuant to division (B)(4) or (5) of section 3313.66	18092
of the Revised Code, the policy shall specify any reasons for	18093
which the superintendent of the district may reduce any required	18094
expulsion period on a case-by-case basis. The policy also shall	18095
set forth the acts listed in section 3313.662 of the Revised Code	18096
for which a pupil may be permanently excluded.	18097

The policy adopted under this division shall specify the date	18098
and manner by which a pupil or a pupil's parent, guardian, or	18099
custodian may notify the board of the pupil's, parent's,	18100
guardian's, or custodian's intent to appeal an expulsion or	18101
suspension to the board or its designee pursuant to division (E)	18102
of section 3313.66 of the Revised Code. In the case of any	18103
expulsion, the policy shall not specify a date that is less than	18104
fourteen days after the date of the notice provided to the pupil	18105
or the pupil's parent, guardian, or custodian under division (D)	18106
of that section.	18107

A copy of the policy shall be posted in a central location in	18108
the school and made available to pupils upon request. No pupil	18109
shall be suspended, expelled, or removed except in accordance with	18110
the policy adopted by the board of education of the school	18111
district in which the pupil attends school, and no pupil shall be	18112
permanently excluded except in accordance with sections 3301.121	18113
and 3313.662 of the Revised Code.	18114

(B) A board of education may establish a program and adopt	18115
guidelines under which a superintendent may require a pupil to	18116
perform community service in conjunction with a suspension or	18117
expulsion imposed under section 3313.66 of the Revised Code or in	18118
place of a suspension or expulsion imposed under section 3313.66	18119
of the Revised Code except for an expulsion imposed pursuant to	18120
division (B)(2) of that section. If a board adopts guidelines	18121
under this division, they shall permit, except with regard to an	18122
expulsion pursuant to division (B)(2) of section 3313.66 of the	18123
Revised Code, a superintendent to impose a community service	18124
requirement beyond the end of the school year in lieu of applying	18125
the suspension or expulsion into the following school year. Any	18126
guidelines adopted shall be included in the policy adopted under	18127
this section.	18128

(C) The written policy of each board of education that is	18129
adopted pursuant to section 3313.20 of the Revised Code shall be	18130
posted in a central location in each school that is subject to the	18131
policy and shall be made available to pupils upon request.	18132

(D) Any policy, program, or guideline adopted by a board of	18133
education under this section with regard to suspensions or	18134
expulsions pursuant to division (A) or (B) of section 3313.66 of	18135
the Revised Code shall apply to any student, whether or not the	18136
student is enrolled in the district, attending or otherwise	18137
participating in any curricular program provided in a school	18138
operated by the board or provided on any other property owned or	18139
controlled by the board.	18140

(E) As used in this section, "permanently exclude" and	18141
"permanent exclusion" have the same meanings as in section	18142
3313.662 of the Revised Code.	18143

Sec. 3313.82. (A)(1) The boards of education of two or more	18144
city, local, or exempted village school districts each having a	18145
majority of its territory in a county with a population greater	18146
than one million two hundred thousand, by adopting identical	18147
resolutions, may enter into an agreement providing for the	18148
creation of a student special services district for the purpose of	18149
funding the following for students enrolled in those school	18150
districts, including students diagnosed as autistic and students	18151
with special needs, and their immediate family members:	18152

(a) Special education services;

18153

(b) Behavioral health services for persons with special	18154
needs.	18155

If more than eight boards of education adopt resolutions to	18156
form a student special services district, the boards may meet at	18157
facilities of the educational service center of the county to	18158
discuss membership in the district.	18159

(2) The territory of a student special services district at	18160
any time shall be composed of the combined territories of the	18161
school districts that are parties to the agreement at that time.	18162
Services funded by a student special services district shall be	18163
available to all individuals enrolled in a school district that is	18164
a part of the student special services district and members of	18165
their immediate family.	18166

(3) The agreement may be amended pursuant to terms and	18167
procedures mutually agreed to by the boards of education that are	18168
parties to the agreement.	18169

(B) Each student special services district shall be governed	18170
by a board of directors. The superintendent of each board of	18171
education that is a party to the agreement shall serve on the	18172
board of directors. The agreement shall provide for the terms of	18173
office of directors. Directors shall receive no compensation, but	18174
shall be reimbursed, from the special fund of the student special	18175
services district, for the reasonable and necessary expenses they	18176
incur in the performance of their duties for the district. The	18177
agreement shall provide for the conduct of the board's initial	18178
organizational meeting and for the frequency of subsequent	18179
meetings and quorum requirements. At its first meeting, the board	18180
shall designate from among its members a president and secretary	18181
in the manner provided in the agreement.	18182

The board of directors of a student special services district	18183
is a body corporate and politic, is capable of suing and being	18184
sued, is capable of contracting within the limits of this section	18185
and the agreement governing the district, and is capable of	18186
accepting gifts, donations, bequests, or other grants of money for	18187
use in paying its expenses. The district is a public office and	18188
its directors are public officials within the meaning of section	18189
117.01 of the Revised Code, the board of directors is a public	18190
body within the meaning of section 121.22 of the Revised Code, and	18191
records of the board and of the district are public records within	18192
the meaning of section 149.43 of the Revised Code.	18193

The agreement shall require the board to designate a	18194
permanent location for its offices and meeting place, and may	18195
provide for the use of such facilities and property for the	18196
provision of services by the agencies with which the board	18197
contracts under division (C) of this section.	18198

(C)(1) To provide the services identified in division (A)(1)	18199
of this section, the board of directors of a student special	18200
services district shall provide for the hiring of employees or	18201
shall contract with one or more entities. Except as provided in	18202
division (C)(2) of this section, any entity with which the board	18203
of directors contracts to provide the services identified in	18204
division (A)(1)(b) shall be a qualified nonprofit, nationally	18205
accredited agency to which all of the following apply:	18206

(a) The agency is licensed or certified by the departments of	18207
mental health, job and family services, and alcohol and drug	18208
addiction services.	18209

(b) The agency is chartered by the department of education	18210
and provides services to persons diagnosed with autism.	18211

(c) The agency provides school-based behavioral health	18212
services.	18213

(2) The board of directors may contract with an entity that	18214
does not meet the conditions stated in division (C)(1) of this	18215
section if the services to be provided by the entity are only	18216
incidental to the services identified in division (A)(1)(b) of	18217
this section.	18218

(3) The board of directors may levy a tax throughout the	18219
district as provided in section 5705.219 of the Revised Code. The	18220
board of directors shall provide for the creation of a special	18221
fund to hold the proceeds of any tax levied under section 5705.219	18222
of the Revised Code and any gifts, donations, bequests, or other	18223
grants of money coming into the possession of the district. A	18224
student special services district is a subdivision, and the board	18225
of directors is a governing body, within the meaning of section	18226
135.01 of the Revised Code. The board of directors may not issue	18227
securities or otherwise incur indebtedness.	18228

(4) The adoption or rejection by electors of a tax levy to	18229
fund a student special services district pursuant to section	18230
5705.219 of the Revised Code does not alter the duty of each	18231
school district member of the student special services district to	18232
provide special education and related services as required under	18233
Chapter 3323. of the Revised Code. On the expiration of a student	18234
special services district levy, the state, member school districts	18235
of the student special services district, and any other	18236
governmental entity shall not be obligated to provide replacement	18237
funding for the revenues under the expired levy. The tax levy, in	18238
whole or in part, shall not be considered a levy for current	18239
operating expenses pursuant to division (A) of section 3317.01 of	18240
the Revised Code for any of the school districts that are members	18241
of the student special services district.	18242

(D)(1) The agreement shall provide for the manner of	18243
appointing an individual or entity to perform the duties of fiscal	18244
officer of the student special services district. The agreement	18245
shall specify the length of time the individual or entity shall	18246
perform those duties and whether the individual or entity may be	18247
reappointed upon the completion of a term. The fiscal officer may	18248
receive compensation for performing the duties of the position and	18249
be reimbursed for reasonable expenses of performing those duties	18250
from the student special services district's special fund.	18251

(2) The legal advisor of the board of directors of a student	18252
special services district shall be the prosecuting attorney of the	18253
most populous county containing a school district that is a member	18254
of the student special services district. The prosecuting attorney	18255
shall prosecute all actions against a member of the board of	18256
directors for malfeasance or misfeasance in office and shall be	18257
the legal counsel for the board and its members in all other	18258
actions brought by or against them and shall conduct those actions	18259
in the prosecuting attorney's official capacity. No compensation	18260
in addition to the prosecuting attorney's regular salary shall be	18261
allowed.	18262

(E) The board of directors of a student special services	18263
district shall procure a policy or policies of insurance insuring	18264
the board, the fiscal officer, and the legal representative	18265
against liability on account of damage or injury to persons and	18266
property. Before procuring such insurance the board shall adopt a	18267
resolution setting forth the amount of insurance to be purchased,	18268
the necessity of the insurance, and a statement of its estimated	18269
premium cost. Insurance procured pursuant to this section shall be	18270
from one or more recognized insurance companies authorized to do	18271
business in this state. The cost of the insurance shall be paid	18272
from the district's special fund.	18273

A student special services district is a political	18274
subdivision within the meaning of section 2744.01 of the Revised	18275
Code.	18276

(F)(1) The board of education of a school district having a	18277
majority of its territory in the county may join an existing	18278
student special services district by adopting a resolution	18279
requesting to join as a party to the agreement and upon approval	18280
by the boards of education that currently are parties to the	18281
agreement. If a tax is levied in the student special services	18282
district under section 5705.219 of the Revised Code, a board of	18283
education may join the district only after a majority of qualified	18284
electors in the school district voting on the question vote in	18285
favor of levying the tax throughout the school district. A board	18286
of education joining an existing district shall have the same	18287
powers, rights, and obligations under the agreement as other	18288
boards of education that are parties to the agreement.	18289

(2) A board of education that is a party to an agreement	18290
under this section may withdraw the school district from a student	18291
special services district by adopting a resolution. The withdrawal	18292
shall take effect on the date provided in the resolution. If a tax	18293
is levied in the student special services district under section	18294
5705.219 of the Revised Code, the resolution shall take effect not	18295
later than the first day of January following adoption of the	18296
resolution. Beginning with the first day of January following	18297
adoption of the resolution, any tax levied under section 5705.219	18298
of the Revised Code shall not be levied within the territory of	18299
the withdrawing school district. Any collection of tax levied in	18300
the territory of the withdrawing school district under that	18301
section that has not been settled and distributed when the	18302
resolution takes effect shall be credited to the district's	18303
special fund.	18304

(G) An agreement entered into under this section shall	18305
provide for the manner of the student special services district's	18306
dissolution. The district shall cease to exist when not more than	18307
one school district remains in the district, and the levy of any	18308
tax under section 5705.219 of the Revised Code shall not be	18309
extended on the tax lists in any tax year beginning after the	18310
dissolution of the district. The agreement shall provide that,	18311
upon dissolution of the district, any unexpended balance in the	18312
district's special fund shall be divided among the school	18313
districts that are parties to the agreement immediately before	18314
dissolution in proportion to the taxable valuation of taxable	18315
property in the districts, and credited to their respective	18316
general funds.	18317

Sec. 3313.98. Notwithstanding division (D) of section	18318
3311.19 and division (D) of section 3311.52 of the Revised Code,	18319
the provisions of this section and sections 3313.981 to 3313.983	18320
of the Revised Code that apply to a city school district do not	18321
apply to a joint vocational or cooperative education school	18322
district unless expressly specified.	18323

(A) As used in this section and sections 3313.981 to 3313.983	18324
of the Revised Code:	18325

(1) "Parent" means either of the natural or adoptive parents	18326
of a student, except under the following conditions:	18327

(a) When the marriage of the natural or adoptive parents of	18328
the student has been terminated by a divorce, dissolution of	18329
marriage, or annulment or the natural or adoptive parents of the	18330
student are living separate and apart under a legal separation	18331
decree and the court has issued an order allocating the parental	18332
rights and responsibilities with respect to the student, "parent"	18333
means the residential parent as designated by the court except	18334
that "parent" means either parent when the court issues a shared	18335
parenting decree.	18336

(b) When a court has granted temporary or permanent custody	18337
of the student to an individual or agency other than either of the	18338
natural or adoptive parents of the student, "parent" means the	18339
legal custodian of the child.	18340

(c) When a court has appointed a guardian for the student,	18341
"parent" means the guardian of the student.	18342

(2) "Native student" means a student entitled under section	18343
3313.64 or 3313.65 of the Revised Code to attend school in a	18344
district adopting a resolution under this section.	18345

(3) "Adjacent district" means a city, exempted village, or	18346
local school district having territory that abuts the territory of	18347
a district adopting a resolution under this section.	18348

(4) "Adjacent district student" means a student entitled	18349
under section 3313.64 or 3313.65 of the Revised Code to attend	18350
school in an adjacent district.	18351

(5) "Adjacent district joint vocational student" means an	18352
adjacent district student who enrolls in a city, exempted village,	18353
or local school district pursuant to this section and who also	18354
enrolls in a joint vocational school district that does not	18355
contain the territory of the district for which that student is a	18356
native student and does contain the territory of the city,	18357
exempted village, or local district in which the student enrolls.	18358

(6) "Formula amount" has the same meaning as in section	18359
3317.02 of the Revised Code.	18360

(7) "Adjusted formula amount" means the ~~greater of the~~	18361
~~following:~~	18362

~~(a) The fiscal year 2005 formula amount multiplied by the~~	18363
~~fiscal year 2005 cost-of-doing-business factor for a district~~	18364
~~defined in the version of section 3317.02 of the Revised Code in~~	18365
~~effect that year;~~	18366

~~(b) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	18367
~~cost-of-doing-business factor as defined in section 3317.02 of the~~	18368
~~Revised Code)~~ plus the per pupil amount of the base funding	18369
supplements specified in divisions (C)(1) to (4) of section	18370
3317.012 of the Revised Code.	18371

(8) "Poverty line" means the poverty line established by the	18372
director of the United States office of management and budget as	18373
revised by the director of the office of community services in	18374
accordance with section 673(2) of the "Community Services Block	18375
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	18376

(9) "IEP" means an individualized education program defined	18377
by division (E) of section 3323.01 of the Revised Code.	18378

(10) "Other district" means a city, exempted village, or	18379
local school district having territory outside of the territory of	18380
a district adopting a resolution under this section.	18381

(11) "Other district student" means a student entitled under	18382
section 3313.64 or 3313.65 of the Revised Code to attend school in	18383
an other district.	18384

(12) "Other district joint vocational student" means a	18385
student who is enrolled in any city, exempted village, or local	18386
school district and who also enrolls in a joint vocational school	18387
district that does not contain the territory of the district for	18388
which that student is a native student in accordance with a policy	18389
adopted under section 3313.983 of the Revised Code.	18390

(B)(1) The board of education of each city, local, and	18391
exempted village school district shall adopt a resolution	18392
establishing for the school district one of the following	18393
policies:	18394

(a) A policy that entirely prohibits the enrollment of	18395
students from adjacent districts or other districts, other than	18396
students for whom tuition is paid in accordance with section	18397
3317.08 of the Revised Code;	18398

(b) A policy that permits enrollment of students from all	18399
adjacent districts in accordance with policy statements contained	18400
in the resolution;	18401

(c) A policy that permits enrollment of students from all	18402
other districts in accordance with policy statements contained in	18403
the resolution.	18404

(2) A policy permitting enrollment of students from adjacent	18405
or from other districts, as applicable, shall provide for all of	18406
the following:	18407

(a) Application procedures, including deadlines for	18408
application and for notification of students and the	18409
superintendent of the applicable district whenever an adjacent or	18410
other district student's application is approved.	18411

(b) Procedures for admitting adjacent or other district	18412
applicants free of any tuition obligation to the district's	18413
schools, including, but not limited to:	18414

(i) The establishment of district capacity limits by grade	18415
level, school building, and education program;	18416

(ii) A requirement that all native students wishing to be	18417
enrolled in the district will be enrolled and that any adjacent or	18418
other district students previously enrolled in the district shall	18419
receive preference over first-time applicants;	18420

(iii) Procedures to ensure that an appropriate racial balance	18421
is maintained in the district schools.	18422

(C) Except as provided in section 3313.982 of the Revised	18423
Code, the procedures for admitting adjacent or other district	18424
students, as applicable, shall not include:	18425

(1) Any requirement of academic ability, or any level of	18426
athletic, artistic, or other extracurricular skills;	18427

(2) Limitations on admitting applicants because of	18428
handicapping conditions, except that a board may refuse to admit a	18429
student receiving services under Chapter 3323. of the Revised	18430
Code, if the services described in the student's IEP are not	18431
available in the district's schools;	18432

(3) A requirement that the student be proficient in the	18433
English language;	18434

(4) Rejection of any applicant because the student has been	18435
subject to disciplinary proceedings, except that if an applicant	18436
has been suspended or expelled by the student's district for ten	18437
consecutive days or more in the term for which admission is sought	18438
or in the term immediately preceding the term for which admission	18439
is sought, the procedures may include a provision denying	18440
admission of such applicant.	18441

(D)(1) Each school board permitting only enrollment of	18442
adjacent district students shall provide information about the	18443
policy adopted under this section, including the application	18444
procedures and deadlines, to the superintendent and the board of	18445
education of each adjacent district and, upon request, to the	18446
parent of any adjacent district student.	18447

(2) Each school board permitting enrollment of other district	18448
students shall provide information about the policy adopted under	18449
this section, including the application procedures and deadlines,	18450
upon request, to the board of education of any other school	18451
district or to the parent of any student anywhere in the state.	18452

(E) Any school board shall accept all credits toward	18453
graduation earned in adjacent or other district schools by an	18454
adjacent or other district student or a native student.	18455

(F)(1) No board of education may adopt a policy discouraging	18456
or prohibiting its native students from applying to enroll in the	18457
schools of an adjacent or any other district that has adopted a	18458
policy permitting such enrollment, except that:	18459

(a) A district may object to the enrollment of a native	18460
student in an adjacent or other district in order to maintain an	18461
appropriate racial balance.	18462

(b) The board of education of a district receiving funds	18463
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	18464
may adopt a resolution objecting to the enrollment of its native	18465
students in adjacent or other districts if at least ten per cent	18466
of its students are included in the determination of the United	18467
States secretary of education made under section 20 U.S.C.A.	18468
238(a).	18469

(2) If a board objects to enrollment of native students under	18470
this division, any adjacent or other district shall refuse to	18471
enroll such native students unless tuition is paid for the	18472
students in accordance with section 3317.08 of the Revised Code.	18473
An adjacent or other district enrolling such students may not	18474
receive funding for those students in accordance with section	18475
3313.981 of the Revised Code.	18476

(G) The state board of education shall monitor school	18477
districts to ensure compliance with this section and the	18478
districts' policies. The board may adopt rules requiring uniform	18479
application procedures, deadlines for application, notification	18480
procedures, and record-keeping requirements for all school boards	18481
that adopt policies permitting the enrollment of adjacent or other	18482
district students, as applicable. If the state board adopts such	18483
rules, no school board shall adopt a policy that conflicts with	18484
those rules.	18485

(H) A resolution adopted by a board of education under this	18486
section that entirely prohibits the enrollment of students from	18487
adjacent and from other school districts does not abrogate any	18488
agreement entered into under section 3313.841 or 3313.92 of the	18489
Revised Code or any contract entered into under section 3313.90 of	18490
the Revised Code between the board of education adopting the	18491
resolution and the board of education of any adjacent or other	18492
district or prohibit these boards of education from entering into	18493
any such agreement or contract.	18494

(I) Nothing in this section shall be construed to permit or	18495
require the board of education of a city, exempted village, or	18496
local school district to exclude any native student of the	18497
district from enrolling in the district.	18498

Sec. 3314.015. (A) The department of education shall be	18499
responsible for the oversight of sponsors of the community schools	18500
established under this chapter and shall provide technical	18501
assistance to schools and sponsors in their compliance with	18502
applicable laws and the terms of the contracts entered into under	18503
section 3314.03 of the Revised Code and in the development and	18504
start-up activities of those schools. In carrying out its duties	18505
under this section, the department shall do all of the following:	18506

(1) In providing technical assistance to proposing parties,	18507
governing authorities, and sponsors, conduct training sessions and	18508
distribute informational materials;	18509

(2) Approve entities to be sponsors of community schools and	18510
monitor the effectiveness of those sponsors in their oversight of	18511
the schools with which they have contracted;	18512

(3) By December thirty-first of each year, issue a report to	18513
the governor, the speaker of the house of representatives, the	18514
president of the senate, and the chairpersons of the house and	18515
senate committees principally responsible for education matters	18516
regarding the effectiveness of academic programs, operations, and	18517
legal compliance and of the financial condition of all community	18518
schools established under this chapter;	18519

(4) From time to time, make legislative recommendations to	18520
the general assembly designed to enhance the operation and	18521
performance of community schools.	18522

(B)(1) No entity listed in division (C)(1) of section 3314.02	18523
of the Revised Code shall enter into a preliminary agreement under	18524
division (C)(2) of section 3314.02 of the Revised Code until it	18525
has received approval from the department of education to sponsor	18526
community schools under this chapter and has entered into a	18527
written agreement with the department regarding the manner in	18528
which the entity will conduct such sponsorship. The department	18529
shall adopt in accordance with Chapter 119. of the Revised Code	18530
rules containing criteria, procedures, and deadlines for	18531
processing applications for such approval, for oversight of	18532
sponsors, for revocation of the approval of sponsors, and for	18533
entering into written agreements with sponsors. The rules shall	18534
require an entity to submit evidence of the entity's ability and	18535
willingness to comply with the provisions of division (D) of	18536
section 3314.03 of the Revised Code. The rules also shall require	18537
entities approved as sponsors on and after June 30, 2005, to	18538
demonstrate a record of financial responsibility and successful	18539
implementation of educational programs. If an entity seeking	18540
approval on or after June 30, 2005, to sponsor community schools	18541
in this state sponsors or operates schools in another state, at	18542
least one of the schools sponsored or operated by the entity must	18543
be comparable to or better than the performance of Ohio schools in	18544
~~a state of academic watch~~need of continuous improvement under	18545
section 3302.03 of the Revised Code, as determined by the	18546
department.	18547

An entity that sponsors community schools may enter into	18548
preliminary agreements and sponsor schools as follows, provided	18549
each school and the contract for sponsorship meets the	18550
requirements of this chapter:	18551

(a) An entity that sponsored fifty or fewer schools that were	18552
open for operation as of May 1, 2005, may sponsor not more than	18553
fifty schools.	18554

(b) An entity that sponsored more than fifty but not more	18555
than seventy-five schools that were open for operation as of May	18556
1, 2005, may sponsor not more than the number of schools the	18557
entity sponsored that were open for operation as of May 1, 2005.	18558

(c) Until June 30, 2006, an entity that sponsored more than	18559
seventy-five schools that were open for operation as of May 1,	18560
2005, may sponsor not more than the number of schools the entity	18561
sponsored that were open for operation as of May 1, 2005. After	18562
June 30, 2006, such an entity may sponsor not more than	18563
seventy-five schools.	18564

Upon approval of an entity to be a sponsor under this	18565
division, the department shall notify the entity of the number of	18566
schools the entity may sponsor.	18567

The limit imposed on an entity to which division (B)(1) of	18568
this section applies shall be decreased by one for each school	18569
sponsored by the entity that permanently closes.	18570

If at any time an entity exceeds the number of schools it may	18571
sponsor under this division, the department shall assist the	18572
schools in excess of the entity's limit in securing new sponsors.	18573
If a school is unable to secure a new sponsor, the department	18574
shall assume sponsorship of the school in accordance with division	18575
(C) of this section. Those schools for which another sponsor or	18576
the department assumes sponsorship shall be the schools that most	18577
recently entered into contracts with the entity under section	18578
3314.03 of the Revised Code.	18579

(2) The department of education shall determine, pursuant to	18580
criteria adopted by rule of the department, whether the mission	18581
proposed to be specified in the contract of a community school to	18582
be sponsored by a state university board of trustees or the	18583
board's designee under division (C)(1)(e) of section 3314.02 of	18584
the Revised Code complies with the requirements of that division.	18585
Such determination of the department is final.	18586

(3) The department of education shall determine, pursuant to	18587
criteria adopted by rule of the department, if any tax-exempt	18588
entity under section 501(c)(3) of the Internal Revenue Code that	18589
is proposed to be a sponsor of a community school is an	18590
education-oriented entity for purpose of satisfying the condition	18591
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	18592
Revised Code. Such determination of the department is final.	18593

(C) If at any time the state board of education finds that a	18594
sponsor is not in compliance or is no longer willing to comply	18595
with its contract with any community school or with the	18596
department's rules for sponsorship, the state board or designee	18597
shall conduct a hearing in accordance with Chapter 119. of the	18598
Revised Code on that matter. If after the hearing, the state board	18599
or designee has confirmed the original finding, the department of	18600
education may revoke the sponsor's approval to sponsor community	18601
schools and may assume the sponsorship of any schools with which	18602
the sponsor has contracted until the earlier of the expiration of	18603
two school years or until a new sponsor as described in division	18604
(C)(1) of section 3314.02 of the Revised Code is secured by the	18605
school's governing authority. The department may extend the term	18606
of the contract in the case of a school for which it has assumed	18607
sponsorship under this division as necessary to accommodate the	18608
term of the department's authorization to sponsor the school	18609
specified in this division.	18610

(D) The decision of the department to disapprove an entity	18611
for sponsorship of a community school or to revoke approval for	18612
such sponsorship, as provided in division (C) of this section, may	18613
be appealed by the entity in accordance with section 119.12 of the	18614
Revised Code.	18615

(E) The department shall adopt procedures for use by a	18616
community school governing authority and sponsor when the school	18617
permanently closes and ceases operation, which shall include at	18618
least procedures for data reporting to the department, handling of	18619
student records, distribution of assets in accordance with section	18620
3314.074 of the Revised Code, and other matters related to ceasing	18621
operation of the school.	18622

(F) In carrying out its duties under this chapter, the	18623
department shall not impose requirements on community schools or	18624
their sponsors that are not permitted by law or duly adopted	18625
rules.	18626

Sec. 3314.016. (A) After June 30, 2007, a new start-up	18627
school may be established under this chapter only if the school's	18628
governing authority enters into a contract with an operator that	18629
manages other schools in the United States that perform at a level	18630
higher than academic watch. The governing authority of the	18631
community school may sign a contract with an operator only if the	18632
operator has fewer contracts with the governing authorities of new	18633
start-up schools established under this chapter after June 30,	18634
2007, than the number of schools managed by the operator in the	18635
United States that perform at a level higher than academic watch,	18636
as determined by the department of education.	18637

(B) Notwithstanding division (A) of this section, the	18638
governing authority of a start-up school sponsored by an entity	18639
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	18640
Revised Code may establish one additional school serving the same	18641
grade levels and providing the same educational program as the	18642
current start-up school and may open that additional school in the	18643
2007-2008 school year, if both of the following conditions are	18644
met:	18645

(1) The governing authority entered into another contract	18646
with the same sponsor or a different sponsor described in	18647
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	18648
and filed a copy of that contract with the superintendent of	18649
public instruction prior to March 15, 2006.	18650

(2) The governing authority's current school satisfies all of	18651
the following conditions:	18652

(a) The school currently is rated as excellent or effective	18653
pursuant to section 3302.03 of the Revised Code.	18654

(b) The school made adequate yearly progress, as defined in	18655
section 3302.01 of the Revised Code, for the previous school year.	18656

(c) The school has been in operation for at least four school	18657
years.	18658

(d) The school is not managed by an operator.

18659

Sec. 3314.02. (A) As used in this chapter:

18660

(1) "Sponsor" means an entity listed in division (C)(1) of	18661
this section, which has been approved by the department of	18662
education to sponsor community schools and with which the	18663
governing authority of the proposed community school enters into a	18664
contract pursuant to this section.	18665

(2) "Pilot project area" means the school districts included	18666
in the territory of the former community school pilot project	18667
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	18668
the 122nd general assembly.	18669

(3) "Challenged school district" means any of the following:

18670

(a) A school district that is part of the pilot project area;

18671

(b) A school district that is either in a state of academic	18672
emergency or in a state of academic watch under section 3302.03 of	18673
the Revised Code;	18674

18675

(4) "Big eight school district" means a school district that	18676
for fiscal year 1997 had both of the following:	18677

(a) A percentage of children residing in the district and	18678
participating in the predecessor of Ohio works first greater than	18679
thirty per cent, as reported pursuant to section 3317.10 of the	18680
Revised Code;	18681

(b) An average daily membership greater than twelve thousand,	18682
as reported pursuant to former division (A) of section 3317.03 of	18683
the Revised Code.	18684

(5) "New start-up school" means a community school other than	18685
one created by converting all or part of an existing public	18686
school, as designated in the school's contract pursuant to	18687
division (A)(17) of section 3314.03 of the Revised Code.	18688

(6) "Urban school district" means one of the state's	18689
twenty-one urban school districts as defined in division (O) of	18690
section 3317.02 of the Revised Code as that section existed prior	18691
to July 1, 1998.	18692

(7) "Internet- or computer-based community school" means a	18693
community school established under this chapter in which the	18694
enrolled students work primarily from their residences on	18695
assignments in nonclassroom-based learning opportunities provided	18696
via an internet- or other computer-based instructional method that	18697
does not rely on regular classroom instruction or via	18698
comprehensive instructional methods that include internet-based,	18699
other computer-based, and noncomputer-based learning	18700
opportunities.	18701

(B) Any person or group of individuals may initially propose	18702
under this division the conversion of all or a portion of a public	18703
school to a community school. The proposal shall be made to the	18704
board of education of the city, local, or exempted village school	18705
district in which the public school is proposed to be converted.	18706
Upon receipt of a proposal, a board may enter into a preliminary	18707
agreement with the person or group proposing the conversion of the	18708
public school, indicating the intention of the board of education	18709
to support the conversion to a community school. A proposing	18710
person or group that has a preliminary agreement under this	18711
division may proceed to finalize plans for the school, establish a	18712
governing authority for the school, and negotiate a contract with	18713
the board of education. Provided the proposing person or group	18714
adheres to the preliminary agreement and all provisions of this	18715
chapter, the board of education shall negotiate in good faith to	18716
enter into a contract in accordance with section 3314.03 of the	18717
Revised Code and division (C) of this section.	18718

(C)(1) Any person or group of individuals may propose under	18719
this division the establishment of a new start-up school to be	18720
located in a challenged school district. The proposal may be made	18721
to any of the following entities:	18722

(a) The board of education of the district in which the	18723
school is proposed to be located;	18724

(b) The board of education of any joint vocational school	18725
district with territory in the county in which is located the	18726
majority of the territory of the district in which the school is	18727
proposed to be located;	18728

(c) The board of education of any other city, local, or	18729
exempted village school district having territory in the same	18730
county where the district in which the school is proposed to be	18731
located has the major portion of its territory;	18732

(d) The governing board of any educational service center, as	18733
long as the proposed school will be located in a county within the	18734
territory of the service center or in a county contiguous to such	18735
county;	18736

(e) A sponsoring authority designated by the board of	18737
trustees of any of the thirteen state universities listed in	18738
section 3345.011 of the Revised Code or the board of trustees	18739
itself as long as a mission of the proposed school to be specified	18740
in the contract under division (A)(2) of section 3314.03 of the	18741
Revised Code and as approved by the department of education under	18742
division (B)(2) of section 3314.015 of the Revised Code will be	18743
the practical demonstration of teaching methods, educational	18744
technology, or other teaching practices that are included in the	18745
curriculum of the university's teacher preparation program	18746
approved by the state board of education;	18747

(f) Any qualified tax-exempt entity under section 501(c)(3)	18748
of the Internal Revenue Code as long as all of the following	18749
conditions are satisfied:	18750

(i) The entity has been in operation for at least five years	18751
prior to applying to be a community school sponsor.	18752

(ii) The entity has assets of at least five hundred thousand	18753
dollars and a demonstrated record of financial responsibility.	18754

(iii) The department of education has determined that the	18755
entity is an education-oriented entity under division (B)(3) of	18756
section 3314.015 of the Revised Code and the entity has a	18757
demonstrated record of successful implementation of educational	18758
programs.	18759

(iv) The entity is not a community school.

18760

Any entity described in division (C)(1) of this section may	18761
enter into a preliminary agreement pursuant to division (C)(2) of	18762
this section with the proposing person or group.	18763

(2) A preliminary agreement indicates the intention of an	18764
entity described in division (C)(1) of this section to sponsor the	18765
community school. A proposing person or group that has such a	18766
preliminary agreement may proceed to finalize plans for the	18767
school, establish a governing authority as described in division	18768
(E) of this section for the school, and negotiate a contract with	18769
the entity. Provided the proposing person or group adheres to the	18770
preliminary agreement and all provisions of this chapter, the	18771
entity shall negotiate in good faith to enter into a contract in	18772
accordance with section 3314.03 of the Revised Code.	18773

(3) A new start-up school that is established in a school	18774
district while that district is either in a state of academic	18775
emergency or in a state of academic watch under section 3302.03 of	18776
the Revised Code may continue in existence once the school	18777
district is no longer in a state of academic emergency or academic	18778
watch, provided there is a valid contract between the school and a	18779
sponsor.	18780

(4) A copy of every preliminary agreement entered into under	18781
this division shall be filed with the superintendent of public	18782
instruction.	18783

(D) A majority vote of the board of a sponsoring entity and a	18784
majority vote of the members of the governing authority of a	18785
community school shall be required to adopt a contract and convert	18786
the public school to a community school or establish the new	18787
start-up school. Beginning September 29, 2005, adoption of the	18788
contract shall occur not later than the fifteenth day of March,	18789
and signing of the contract shall occur not later than the	18790
fifteenth day of May, prior to the school year in which the school	18791
will open. The governing authority shall notify the department of	18792
education when the contract has been signed. Subject to sections	18793
3314.013 ~~and~~, 3314.014, and 3314.016 of the Revised Code, an	18794
unlimited number of community schools may be established in any	18795
school district provided that a contract is entered into for each	18796
community school pursuant to this chapter.	18797

(E)(1) As used in this division, "immediate relatives" are	18798
limited to spouses, children, parents, grandparents, siblings, and	18799
in-laws.	18800

Each new start-up community school established under this	18801
chapter shall be under the direction of a governing authority	18802
which shall consist of a board of not less than five individuals .	18803

No person shall serve on the governing authority or operate	18804
the community school under contract with the governing authority	18805
so long as the person owes the state any money or is in a dispute	18806
over whether the person owes the state any money concerning the	18807
operation of a community school that has closed.	18808

(2) No person shall serve on the governing authorities of	18809
more than two start-up community schools at the same time.	18810

(3) No present or former member, or immediate relative of a	18811
present or former member, of the governing authority of any	18812
community school established under this chapter shall be an owner,	18813
employee, or consultant of any nonprofit or for-profit operator of	18814
a community school, ~~as defined in section 3314.014 of the Revised~~	18815
~~Code,~~ unless at least one year has elapsed since the conclusion of	18816
the person's membership.	18817

(F) Nothing in this chapter shall be construed to permit the	18818
establishment of a community school in more than one school	18819
district under the same contract.	18820

(G)(1) A new start-up school that is established prior to	18821
August 15, 2003, in an urban school district that is not also a	18822
big-eight school district may continue to operate after that date	18823
and the contract between the school's governing authority and the	18824
school's sponsor may be renewed, as provided under this chapter,	18825
after that date, but no additional new start-up schools may be	18826
established in such a district unless the district is a challenged	18827
school district as defined in this section as it exists on and	18828
after that date.	18829

(2) A community school that was established prior to June 29,	18830
1999, and is located in a county contiguous to the pilot project	18831
area and in a school district that is not a challenged school	18832
district may continue to operate after that date, provided the	18833
school complies with all provisions of this chapter. The contract	18834
between the school's governing authority and the school's sponsor	18835
may be renewed, but no additional start-up community school may be	18836
established in that district unless the district is a challenged	18837
school district.	18838

(3) Any educational service center that, on the effective	18839
date of this amendment, sponsors a community school that is not	18840
located in a county within the territory of the service center or	18841
in a county contiguous to such county may continue to sponsor that	18842
community school on and after the effective date of this amendment	18843
and may renew its contract with the school. However, the	18844
educational service center shall not enter into a contract with	18845
any additional community school unless the school is located in a	18846
county within the territory of the service center or in a county	18847
contiguous to such county.	18848

Sec. 3314.074. Divisions (A) and (B) of this section apply	18849
only to the extent permitted under Chapter 1702. of the Revised	18850
Code.	18851

(A) If any community school established under this chapter	18852
permanently closes and ceases its operation as a community school,	18853
the assets of that school shall be distributed first to the	18854
retirement funds of employees of the school, employees of the	18855
school, and private creditors who are owed compensation, and then	18856
any remaining funds shall be paid to the ~~state treasury to the~~	18857
~~credit of the general revenue fund~~department of education for	18858
redistribution to the school districts in which the students who	18859
were enrolled in the school at the time it ceased operation were	18860
entitled to attend school under section 3313.64 or 3313.65 of the	18861
Revised Code. The amount distributed to each school district shall	18862
be proportional to the district's share of the total enrollment in	18863
the community school.	18864

(B) If a community school closes and ceases to operate as a	18865
community school and the school has received computer hardware or	18866
software from the former Ohio SchoolNet commission or the eTech	18867
Ohio commission, such hardware or software shall be returned to	18868
the eTech Ohio commission, and the eTech Ohio commission shall	18869
redistribute the hardware and software, to the extent such	18870
redistribution is possible, to school districts in conformance	18871
with the provisions of the programs operated and administered by	18872
the eTech Ohio commission.	18873

(C) If the assets of the school are insufficient to pay all	18874
persons or entities to whom compensation is owed, the	18875
prioritization of the distribution of the assets to individual	18876
persons or entities within each class of payees may be determined	18877
by decree of a court in accordance with this section and Chapter	18878
1702. of the Revised Code.	18879

Sec. 3314.08. (A) As used in this section:

18880

(1) "Base formula amount" means the amount specified as such	18881
in a community school's financial plan for a school year pursuant	18882
to division (A)(15) of section 3314.03 of the Revised Code.	18883

(2) ~~"Cost-of-doing-business factor" has the same meaning as~~	18884
~~in section 3317.02 of the Revised Code.~~	18885

~~(3)~~ "IEP" means an individualized education program as	18886
defined in section 3323.01 of the Revised Code.	18887

~~(4)~~(3) "Applicable special education weight" means the	18888
multiple specified in section 3317.013 of the Revised Code for a	18889
handicap described in that section.	18890

~~(5)~~(4) "Applicable vocational education weight" means:

18891

(a) For a student enrolled in vocational education programs	18892
or classes described in division (A) of section 3317.014 of the	18893
Revised Code, the multiple specified in that division;	18894

(b) For a student enrolled in vocational education programs	18895
or classes described in division (B) of section 3317.014 of the	18896
Revised Code, the multiple specified in that division.	18897

~~(6)~~(5) "Entitled to attend school" means entitled to attend	18898
school in a district under section 3313.64 or 3313.65 of the	18899
Revised Code.	18900

~~(7)~~(6) A community school student is "included in the	18901
poverty student count" of a school district if the student is	18902
entitled to attend school in the district and the student's family	18903
receives assistance under the Ohio works first program.	18904

~~(8)~~(7) "Poverty-based assistance reduction factor" means the	18905
percentage figure, if any, for reducing the per pupil amount of	18906
poverty-based assistance a community school is entitled to receive	18907
pursuant to divisions (D)(5) ~~and (6)~~to (9) of this section in any	18908
year, as specified in the school's financial plan for the year	18909
pursuant to division (A)(15) of section 3314.03 of the Revised	18910
Code.	18911

~~(9)~~(8) "All-day kindergarten" has the same meaning as in	18912
section 3317.029 of the Revised Code.	18913

~~(10) "SF-3 payment" means the sum of the payments to a school~~	18914
~~district in a fiscal year under divisions (A), (C)(1), (C)(4),~~	18915
~~(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)~~	18916
~~of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,~~	18917
~~3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after~~	18918
~~making the adjustments required by sections 3313.981 and 3313.979,~~	18919
~~divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of~~	18920
~~section 3317.023, and division (C) of section 3317.20~~(9) "State	18921
education aid" has the same meaning as in section 5751.20 of the	18922
Revised Code.	18923

(B) The state board of education shall adopt rules requiring	18924
both of the following:	18925

(1) The board of education of each city, exempted village,	18926
and local school district to annually report the number of	18927
students entitled to attend school in the district who are	18928
enrolled in grades one through twelve in a community school	18929
established under this chapter, the number of students entitled to	18930
attend school in the district who are enrolled in kindergarten in	18931
a community school, the number of those kindergartners who are	18932
enrolled in all-day kindergarten in their community school, and	18933
for each child, the community school in which the child is	18934
enrolled.	18935

(2) The governing authority of each community school	18936
established under this chapter to annually report all of the	18937
following:	18938

(a) The number of students enrolled in grades one through	18939
twelve and the number of students enrolled in kindergarten in the	18940
school who are not receiving special education and related	18941
services pursuant to an IEP;	18942

(b) The number of enrolled students in grades one through	18943
twelve and the number of enrolled students in kindergarten, who	18944
are receiving special education and related services pursuant to	18945
an IEP;	18946

(c) The number of students reported under division (B)(2)(b)	18947
of this section receiving special education and related services	18948
pursuant to an IEP for a handicap described in each of divisions	18949
(A) to (F) of section 3317.013 of the Revised Code;	18950

(d) The full-time equivalent number of students reported	18951
under divisions (B)(2)(a) and (b) of this section who are enrolled	18952
in vocational education programs or classes described in each of	18953
divisions (A) and (B) of section 3317.014 of the Revised Code that	18954
are provided by the community school;	18955

(e) Twenty per cent of the number of students reported under	18956
divisions (B)(2)(a) and (b) of this section who are not reported	18957
under division (B)(2)(d) of this section but who are enrolled in	18958
vocational education programs or classes described in each of	18959
divisions (A) and (B) of section 3317.014 of the Revised Code at a	18960
joint vocational school district under a contract between the	18961
community school and the joint vocational school district and are	18962
entitled to attend school in a city, local, or exempted village	18963
school district whose territory is part of the territory of the	18964
joint vocational district;	18965

(f) The number of enrolled preschool handicapped students	18966
receiving special education services in a state-funded unit;	18967

(g) The community school's base formula amount;

18968

(h) For each student, the city, exempted village, or local	18969
school district in which the student is entitled to attend school;	18970

(i) Any poverty-based assistance reduction factor that	18971
applies to a school year.	18972

(C) From the ~~SF-3 payment made to~~state education aid	18973
calculated for a city, exempted village, or local school district	18974
and, if necessary, from the payment made to the district under	18975
sections 321.24 and 323.156 of the Revised Code, the department of	18976
education shall annually subtract the sum of the amounts described	18977
in divisions (C)(1) to (9) of this section. However, when	18978
deducting payments on behalf of students enrolled in internet- or	18979
computer-based community schools, the department shall deduct only	18980
those amounts described in divisions (C)(1) and (2) of this	18981
section. Furthermore, the aggregate amount deducted under this	18982
division shall not exceed the sum of the district's ~~SF-3 payment~~	18983
state education aid and its payment under sections 321.24 and	18984
323.156 of the Revised Code.	18985

(1) An amount equal to the sum of the amounts obtained when,	18986
for each community school where the district's students are	18987
enrolled, the number of the district's students reported under	18988
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	18989
in grades one through twelve, and one-half the number of students	18990
reported under those divisions who are enrolled in kindergarten,	18991
in that community school is multiplied by the ~~greater of the~~	18992
~~following:~~	18993

~~(a) The fiscal year 2005 base formula amount of that~~	18994
~~community school as adjusted by the school district's fiscal year~~	18995
~~2005 cost-of-doing-business factor;~~	18996

~~(b) The~~ sum of (the ~~current~~ base formula amount of that	18997
community school ~~times the school district's current~~	18998
~~cost-of-doing-business factor)~~ plus the per pupil amount of the	18999
base funding supplements specified in divisions (C)(1) to (4) of	19000
section 3317.012 of the Revised Code.	19001

(2) The sum of the amounts calculated under divisions	19002
(C)(2)(a) and (b) of this section:	19003

(a) For each of the district's students reported under	19004
division (B)(2)(c) of this section as enrolled in a community	19005
school in grades one through twelve and receiving special	19006
education and related services pursuant to an IEP for a handicap	19007
described in section 3317.013 of the Revised Code, the product of	19008
the applicable special education weight times the community	19009
school's base formula amount;	19010

(b) For each of the district's students reported under	19011
division (B)(2)(c) of this section as enrolled in kindergarten in	19012
a community school and receiving special education and related	19013
services pursuant to an IEP for a handicap described in section	19014
3317.013 of the Revised Code, one-half of the amount calculated as	19015
prescribed in division (C)(2)(a) of this section.	19016

(3) For each of the district's students reported under	19017
division (B)(2)(d) of this section for whom payment is made under	19018
division (D)(4) of this section, the amount of that payment;	19019

(4) An amount equal to the sum of the amounts obtained when,	19020
for each community school where the district's students are	19021
enrolled, the number of the district's students enrolled in that	19022
community school who are included in the district's poverty	19023
student count is multiplied by the per pupil amount of	19024
poverty-based assistance the school district receives that year	19025
pursuant to division ~~(B) or~~ (C) of section 3317.029 of the Revised	19026
Code, as adjusted by any poverty-based assistance reduction factor	19027
of that community school. ~~If the district receives poverty-based~~	19028
~~assistance under division (B) of that section, the per pupil~~	19029
~~amount of that aid is the quotient of the amount the district~~	19030
~~received under that division divided by the district's poverty~~	19031
~~student count, as defined in that section. If the district~~	19032
~~receives poverty-based assistance under division (C) of section~~	19033
~~3317.029 of the Revised Code, the~~The per pupil amount of that aid	19034
for the district shall be calculated by the department.	19035

(5) An amount equal to the sum of the amounts obtained when,	19036
for each community school where the district's students are	19037
enrolled, the district's per pupil amount of aid received under	19038
division (E) of section 3317.029 of the Revised Code, as adjusted	19039
by any poverty-based assistance reduction factor of the community	19040
school, is multiplied by the sum of the following:	19041

(a) The number of the district's students reported under	19042
division (B)(2)(a) of this section who are enrolled in grades one	19043
to three in that community school and who are not receiving	19044
special education and related services pursuant to an IEP;	19045

(b) One-half of the district's students who are enrolled in	19046
all-day or any other kindergarten class in that community school	19047
and who are not receiving special education and related services	19048
pursuant to an IEP;	19049

(c) One-half of the district's students who are enrolled in	19050
all-day kindergarten in that community school and who are not	19051
receiving special education and related services pursuant to an	19052
IEP.	19053

The district's per pupil amount of aid under division (E) of	19054
section 3317.029 of the Revised Code is the quotient of the amount	19055
the district received under that division divided by the	19056
district's kindergarten through third grade ADM, as defined in	19057
that section.	19058

(6) An amount equal to the sum of the amounts obtained when,	19059
for each community school where the district's students are	19060
enrolled, the district's per pupil amount received under division	19061
(F) of section 3317.029 of the Revised Code, as adjusted by any	19062
poverty-based assistance reduction factor of that community	19063
school, is multiplied by the number of the district's students	19064
enrolled in the community school who are identified as	19065
limited-English proficient.	19066

(7) An amount equal to the sum of the amounts obtained when,	19067
for each community school where the district's students are	19068
enrolled, the district's per pupil amount received under division	19069
(G) of section 3317.029 of the Revised Code, as adjusted by any	19070
poverty-based assistance reduction factor of that community	19071
school, is multiplied by the sum of the following:	19072

(a) The number of the district's students enrolled in grades	19073
one through twelve in that community school;	19074

(b) One-half of the number of the district's students	19075
enrolled in kindergarten in that community school.	19076

The district's per pupil amount under division (G) of section	19077
3317.029 of the Revised Code is the district's amount per teacher	19078
calculated under division (G)(1) or (2) of that section divided by	19079
17~~, times a multiple of 0.40 in fiscal year 2006 and 0.70 in~~	19080
~~fiscal year 2007~~.	19081

(8) An amount equal to the sum of the amounts obtained when,	19082
for each community school where the district's students are	19083
enrolled, the district's per pupil amount received under divisions	19084
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	19085
by any poverty-based assistance reduction factor of that community	19086
school, is multiplied by the sum of the following:	19087

(a) The number of the district's students enrolled in grades	19088
one through twelve in that community school;	19089

(b) One-half of the number of the district's students	19090
enrolled in kindergarten in that community school.	19091

The district's per pupil amount under divisions (H) and (I)	19092
of section 3317.029 of the Revised Code is the amount calculated	19093
under each division divided by the district's formula ADM, as	19094
defined in section 3317.02 of the Revised Code.	19095

(9) An amount equal to the per pupil state parity aid funding	19096
calculated for the school district under either division (C) or	19097
(D) of section 3317.0217 of the Revised Code multiplied by the sum	19098
of the number of students in grades one through twelve, and	19099
one-half of the number of students in kindergarten, who are	19100
entitled to attend school in the district and are enrolled in a	19101
community school as reported under division (B)(1) of this	19102
section.	19103

(D) The department shall annually pay to a community school	19104
established under this chapter the sum of the amounts described in	19105
divisions (D)(1) to (10) of this section. However, the department	19106
shall calculate and pay to each internet- or computer-based	19107
community school only the amounts described in divisions (D)(1) to	19108
(3) of this section. Furthermore, the sum of the payments to all	19109
community schools under divisions (D)(1), (2), and (4) to (10) of	19110
this section for the students entitled to attend school in any	19111
particular school district shall not exceed the sum of that	19112
district's ~~SF-3 payment~~state education aid and its payment under	19113
sections 321.24 and 323.156 of the Revised Code. If the sum of the	19114
payments calculated under those divisions for the students	19115
entitled to attend school in a particular school district exceeds	19116
the sum of that district's ~~SF-3 payment~~state education aid and	19117
its payment under sections 321.24 and 323.156 of the Revised Code,	19118
the department shall calculate and apply a proration factor to the	19119
payments to all community schools under those divisions for the	19120
students entitled to attend school in that district.	19121

(1) Subject to section 3314.085 of the Revised Code, an	19122
amount equal to the sum of the amounts obtained when the number of	19123
students enrolled in grades one through twelve, plus one-half of	19124
the kindergarten students in the school, reported under divisions	19125
(B)(2)(a), (b), and (e) of this section who are not receiving	19126
special education and related services pursuant to an IEP for a	19127
handicap described in section 3317.013 of the Revised Code is	19128
multiplied by the ~~greater of the following:~~	19129

~~(a) The community school's fiscal year 2005 base formula~~	19130
~~amount, as adjusted by the fiscal year 2005 cost-of-doing-business~~	19131
~~factor of the school district in which the student is entitled to~~	19132
~~attend school;~~	19133

~~(b) The~~ sum of (the community school's ~~current~~ base formula	19134
amount ~~times the current cost-of-doing-business factor of the~~	19135
~~school district in which the student is entitled to attend school)~~	19136
plus the per pupil amount of the base funding supplements	19137
specified in divisions (C)(1) to (4) of section 3317.012 of the	19138
Revised Code.	19139

(2) Prior to fiscal year 2007, the greater of the amount	19140
calculated under division (D)(2)(a) or (b) of this section, and in	19141
fiscal year 2007 and thereafter, the amount calculated under	19142
division (D)(2)(b) of this section:	19143

(a) The aggregate amount that the department paid to the	19144
community school in fiscal year 1999 for students receiving	19145
special education and related services pursuant to IEPs, excluding	19146
federal funds and state disadvantaged pupil impact aid funds;	19147

(b) The sum of the amounts calculated under divisions	19148
(D)(2)(b)(i) and (ii) of this section:	19149

(i) For each student reported under division (B)(2)(c) of	19150
this section as enrolled in the school in grades one through	19151
twelve and receiving special education and related services	19152
pursuant to an IEP for a handicap described in section 3317.013 of	19153
the Revised Code, the following amount:	19154

~~the greater of (the community school's fiscal year 2005~~

19155

~~base formula amount X the fiscal year 2005~~

19156

~~cost-of-doing-business factor of the district~~

19157

~~where the student is entitled to attend school)~~

19158

~~or [~~(the school's ~~current~~ base formula amount ~~times~~

19159

~~the current cost-of-doing-business factor of the school district~~

19160

~~where the student is entitled to attend school)~~ plus

19161

the per pupil amount of the base funding supplements specified in

19162

divisions (C)(1) to (4) of section 3317.012 of the Revised Code])

19163

+ (the applicable special education weight X the

19164

community school's base formula amount);

19165

(ii) For each student reported under division (B)(2)(c) of	19166
this section as enrolled in kindergarten and receiving special	19167
education and related services pursuant to an IEP for a handicap	19168
described in section 3317.013 of the Revised Code, one-half of the	19169
amount calculated under the formula prescribed in division	19170
(D)(2)(b)(i) of this section.	19171

(3) An amount received from federal funds to provide special	19172
education and related services to students in the community	19173
school, as determined by the superintendent of public instruction.	19174

(4) For each student reported under division (B)(2)(d) of	19175
this section as enrolled in vocational education programs or	19176
classes that are described in section 3317.014 of the Revised	19177
Code, are provided by the community school, and are comparable as	19178
determined by the superintendent of public instruction to school	19179
district vocational education programs and classes eligible for	19180
state weighted funding under section 3317.014 of the Revised Code,	19181
an amount equal to the applicable vocational education weight	19182
times the community school's base formula amount times the	19183
percentage of time the student spends in the vocational education	19184
programs or classes.	19185

(5) An amount equal to the sum of the amounts obtained when,	19186
for each school district where the community school's students are	19187
entitled to attend school, the number of that district's students	19188
enrolled in the community school who are included in the	19189
district's poverty student count is multiplied by the per pupil	19190
amount of poverty-based assistance that school district receives	19191
that year pursuant to division ~~(B) or~~ (C) of section 3317.029 of	19192
the Revised Code, as adjusted by any poverty-based assistance	19193
reduction factor of the community school. The per pupil amount of	19194
aid shall be determined as described in division (C)(4) of this	19195
section.	19196

(6) An amount equal to the sum of the amounts obtained when,	19197
for each school district where the community school's students are	19198
entitled to attend school, the district's per pupil amount of aid	19199
received under division (E) of section 3317.029 of the Revised	19200
Code, as adjusted by any poverty-based assistance reduction	19201
factor of the community school, is multiplied by the sum of the	19202
following:	19203

(a) The number of the district's students reported under	19204
division (B)(2)(a) of this section who are enrolled in grades one	19205
to three in that community school and who are not receiving	19206
special education and related services pursuant to an IEP;	19207

(b) One-half of the district's students who are enrolled in	19208
all-day or any other kindergarten class in that community school	19209
and who are not receiving special education and related services	19210
pursuant to an IEP;	19211

(c) One-half of the district's students who are enrolled in	19212
all-day kindergarten in that community school and who are not	19213
receiving special education and related services pursuant to an	19214
IEP.	19215

The district's per pupil amount of aid under division (E) of	19216
section 3317.029 of the Revised Code shall be determined as	19217
described in division (C)(5) of this section.	19218

(7) An amount equal to the sum of the amounts obtained when,	19219
for each school district where the community school's students are	19220
entitled to attend school, the number of that district's students	19221
enrolled in the community school who are identified as	19222
limited-English proficient is multiplied by the district's per	19223
pupil amount received under division (F) of section 3317.029 of	19224
the Revised Code, as adjusted by any poverty-based assistance	19225
reduction factor of the community school.	19226

(8) An amount equal to the sum of the amounts obtained when,	19227
for each school district where the community school's students are	19228
entitled to attend school, the district's per pupil amount	19229
received under division (G) of section 3317.029 of the Revised	19230
Code, as adjusted by any poverty-based assistance reduction factor	19231
of the community school, is multiplied by the sum of the	19232
following:	19233

(a) The number of the district's students enrolled in grades	19234
one through twelve in that community school;	19235

(b) One-half of the number of the district's students	19236
enrolled in kindergarten in that community school.	19237

The district's per pupil amount under division (G) of section	19238
3317.029 of the Revised Code shall be determined as described in	19239
division (C)(7) of this section.	19240

(9) An amount equal to the sum of the amounts obtained when,	19241
for each school district where the community school's students are	19242
entitled to attend school, the district's per pupil amount	19243
received under divisions (H) and (I) of section 3317.029 of the	19244
Revised Code, as adjusted by any poverty-based assistance	19245
reduction factor of the community school, is multiplied by the sum	19246
of the following:	19247

(a) The number of the district's students enrolled in grades	19248
one through twelve in that community school;	19249

(b) One-half of the number of the district's students	19250
enrolled in kindergarten in that community school.	19251

The district's per pupil amount under divisions (H) and (I)	19252
of section 3317.029 of the Revised Code shall be determined as	19253
described in division (C)(8) of this section.	19254

(10) An amount equal to the sum of the amounts obtained when,	19255
for each school district where the community school's students are	19256
entitled to attend school, the district's per pupil amount of	19257
state parity aid funding calculated under either division (C) or	19258
(D) of section 3317.0217 of the Revised Code is multiplied by the	19259
sum of the number of that district's students enrolled in grades	19260
one through twelve, and one-half of the number of that district's	19261
students enrolled in kindergarten, in the community school as	19262
reported under division (B)(2)(a) and (b) of this section.	19263

(E)(1) If a community school's costs for a fiscal year for a	19264
student receiving special education and related services pursuant	19265
to an IEP for a handicap described in divisions (B) to (F) of	19266
section 3317.013 of the Revised Code exceed the threshold	19267
catastrophic cost for serving the student as specified in division	19268
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	19269
submit to the superintendent of public instruction documentation,	19270
as prescribed by the superintendent, of all its costs for that	19271
student. Upon submission of documentation for a student of the	19272
type and in the manner prescribed, the department shall pay to the	19273
community school an amount equal to the school's costs for the	19274
student in excess of the threshold catastrophic costs.	19275

(2) The community school shall only report under division	19276
(E)(1) of this section, and the department shall only pay for, the	19277
costs of educational expenses and the related services provided to	19278
the student in accordance with the student's individualized	19279
education program. Any legal fees, court costs, or other costs	19280
associated with any cause of action relating to the student may	19281
not be included in the amount.	19282

(F) A community school may apply to the department of	19283
education for preschool handicapped or gifted unit funding the	19284
school would receive if it were a school district. Upon request of	19285
its governing authority, a community school that received unit	19286
funding as a school district-operated school before it became a	19287
community school shall retain any units awarded to it as a school	19288
district-operated school provided the school continues to meet	19289
eligibility standards for the unit.	19290

A community school shall be considered a school district and	19291
its governing authority shall be considered a board of education	19292
for the purpose of applying to any state or federal agency for	19293
grants that a school district may receive under federal or state	19294
law or any appropriations act of the general assembly. The	19295
governing authority of a community school may apply to any private	19296
entity for additional funds.	19297

(G) A board of education sponsoring a community school may	19298
utilize local funds to make enhancement grants to the school or	19299
may agree, either as part of the contract or separately, to	19300
provide any specific services to the community school at no cost	19301
to the school.	19302

(H) A community school may not levy taxes or issue bonds	19303
secured by tax revenues.	19304

(I) No community school shall charge tuition for the	19305
enrollment of any student.	19306

(J)(1)(a) A community school may borrow money to pay any	19307
necessary and actual expenses of the school in anticipation of the	19308
receipt of any portion of the payments to be received by the	19309
school pursuant to division (D) of this section. The school may	19310
issue notes to evidence such borrowing. The proceeds of the notes	19311
shall be used only for the purposes for which the anticipated	19312
receipts may be lawfully expended by the school.	19313

(b) A school may also borrow money for a term not to exceed	19314
fifteen years for the purpose of acquiring facilities.	19315

(2) Except for any amount guaranteed under section 3318.50 of	19316
the Revised Code, the state is not liable for debt incurred by the	19317
governing authority of a community school.	19318

(K) For purposes of determining the number of students for	19319
which divisions (D)(5) and (6) of this section applies in any	19320
school year, a community school may submit to the department of	19321
job and family services, no later than the first day of March, a	19322
list of the students enrolled in the school. For each student on	19323
the list, the community school shall indicate the student's name,	19324
address, and date of birth and the school district where the	19325
student is entitled to attend school. Upon receipt of a list under	19326
this division, the department of job and family services shall	19327
determine, for each school district where one or more students on	19328
the list is entitled to attend school, the number of students	19329
residing in that school district who were included in the	19330
department's report under section 3317.10 of the Revised Code. The	19331
department shall make this determination on the basis of	19332
information readily available to it. Upon making this	19333
determination and no later than ninety days after submission of	19334
the list by the community school, the department shall report to	19335
the state department of education the number of students on the	19336
list who reside in each school district who were included in the	19337
department's report under section 3317.10 of the Revised Code. In	19338
complying with this division, the department of job and family	19339
services shall not report to the state department of education any	19340
personally identifiable information on any student.	19341

(L) The department of education shall adjust the amounts	19342
subtracted and paid under divisions (C) and (D) of this section to	19343
reflect any enrollment of students in community schools for less	19344
than the equivalent of a full school year. The state board of	19345
education within ninety days after April 8, 2003, shall adopt in	19346
accordance with Chapter 119. of the Revised Code rules governing	19347
the payments to community schools under this section including	19348
initial payments in a school year and adjustments and reductions	19349
made in subsequent periodic payments to community schools and	19350
corresponding deductions from school district accounts as provided	19351
under divisions (C) and (D) of this section. For purposes of this	19352
section:	19353

(1) A student shall be considered enrolled in the community	19354
school for any portion of the school year the student is	19355
participating at a college under Chapter 3365. of the Revised	19356
Code.	19357

(2) A student shall be considered to be enrolled in a	19358
community school during a school year for the period of time	19359
beginning on the later of the date on which the school both has	19360
received documentation of the student's enrollment from a parent	19361
and the student has commenced participation in learning	19362
opportunities as defined in the contract with the sponsor, or	19363
thirty days prior to the date on which the student is entered into	19364
the education management information system established under	19365
section 3301.0714 of the Revised Code. For purposes of applying	19366
this division to a community school student, "learning	19367
opportunities" shall be defined in the contract, which shall	19368
describe both classroom-based and non-classroom-based learning	19369
opportunities and shall be in compliance with criteria and	19370
documentation requirements for student participation which shall	19371
be established by the department. Any student's instruction time	19372
in non-classroom-based learning opportunities shall be certified	19373
by an employee of the community school. A student's enrollment	19374
shall be considered to cease on the date on which any of the	19375
following occur:	19376

(a) The community school receives documentation from a parent	19377
terminating enrollment of the student.	19378

(b) The community school is provided documentation of a	19379
student's enrollment in another public or private school.	19380

(c) The community school ceases to offer learning	19381
opportunities to the student pursuant to the terms of the contract	19382
with the sponsor or the operation of any provision of this	19383
chapter.	19384

(3) A student's percentage of full-time equivalency shall be	19385
considered to be the percentage the hours of learning opportunity	19386
offered to that student is of nine hundred ~~and~~ twenty hours.	19387
However, no internet- or computer-based community school shall be	19388
credited for any time a student spends participating in learning	19389
opportunities beyond ten hours within any period of twenty-four	19390
consecutive hours.	19391

(M) The department of education shall reduce the amounts paid	19392
under division (D) of this section to reflect payments made to	19393
colleges under division (B) of section 3365.07 of the Revised	19394
Code.	19395

(N)(1) No student shall be considered enrolled in any	19396
internet- or computer-based community school or, if applicable to	19397
the student, in any community school that is required to provide	19398
the student with a computer pursuant to division (C) of section	19399
3314.22 of the Revised Code, unless both of the following	19400
conditions are satisfied:	19401

(a) The student possesses or has been provided with all	19402
required hardware and software materials and all such materials	19403
are operational so that the student is capable of fully	19404
participating in the learning opportunities specified in the	19405
contract between the school and the school's sponsor as required	19406
by division (A)(23) of section 3314.03 of the Revised Code;	19407

(b) The school is in compliance with division (A) of section	19408
3314.22 of the Revised Code, relative to such student.	19409

(2) In accordance with policies adopted jointly by the	19410
superintendent of public instruction and the auditor of state, the	19411
department shall reduce the amounts otherwise payable under	19412
division (D) of this section to any community school that includes	19413
in its program the provision of computer hardware and software	19414
materials to any student, if such hardware and software materials	19415
have not been delivered, installed, and activated for each such	19416
student in a timely manner or other educational materials or	19417
services have not been provided according to the contract between	19418
the individual community school and its sponsor.	19419

The superintendent of public instruction and the auditor of	19420
state shall jointly establish a method for auditing any community	19421
school to which this division pertains to ensure compliance with	19422
this section.	19423

The superintendent, auditor of state, and the governor shall	19424
jointly make recommendations to the general assembly for	19425
legislative changes that may be required to assure fiscal and	19426
academic accountability for such schools.	19427

(O)(1) If the department determines that a review of a	19428
community school's enrollment is necessary, such review shall be	19429
completed and written notice of the findings shall be provided to	19430
the governing authority of the community school and its sponsor	19431
within ninety days of the end of the community school's fiscal	19432
year, unless extended for a period not to exceed thirty additional	19433
days for one of the following reasons:	19434

(a) The department and the community school mutually agree to	19435
the extension.	19436

(b) Delays in data submission caused by either a community	19437
school or its sponsor.	19438

(2) If the review results in a finding that additional	19439
funding is owed to the school, such payment shall be made within	19440
thirty days of the written notice. If the review results in a	19441
finding that the community school owes moneys to the state, the	19442
following procedure shall apply:	19443

(a) Within ten business days of the receipt of the notice of	19444
findings, the community school may appeal the department's	19445
determination to the state board of education or its designee.	19446

(b) The board or its designee shall conduct an informal	19447
hearing on the matter within thirty days of receipt of such an	19448
appeal and shall issue a decision within fifteen days of the	19449
conclusion of the hearing.	19450

(c) If the board has enlisted a designee to conduct the	19451
hearing, the designee shall certify its decision to the board. The	19452
board may accept the decision of the designee or may reject the	19453
decision of the designee and issue its own decision on the matter.	19454

(d) Any decision made by the board under this division is	19455
final.	19456

(3) If it is decided that the community school owes moneys to	19457
the state, the department shall deduct such amount from the	19458
school's future payments in accordance with guidelines issued by	19459
the superintendent of public instruction.	19460

(P) The department shall not subtract from a school	19461
district's state aid account under division (C) of this section	19462
and shall not pay to a community school under division (D) of this	19463
section any amount for any of the following:	19464

(1) Any student who has graduated from the twelfth grade of a	19465
public or nonpublic high school;	19466

(2) Any student who is not a resident of the state;

19467

(3) Any student who was enrolled in the community school	19468
during the previous school year when tests were administered under	19469
section 3301.0711 of the Revised Code but did not take one or more	19470
of the tests required by that section and was not excused pursuant	19471
to division (C)(1) or (3) of that section, unless the	19472
superintendent of public instruction grants the student a waiver	19473
from the requirement to take the test and a parent is not paying	19474
tuition for the student pursuant to section 3314.26 of the Revised	19475
Code. The superintendent may grant a waiver only for good cause in	19476
accordance with rules adopted by the state board of education.	19477

(4) Any student who has attained the age of twenty-two years,	19478
except for veterans of the armed services whose attendance was	19479
interrupted before completing the recognized twelve-year course of	19480
the public schools by reason of induction or enlistment in the	19481
armed forces and who apply for enrollment in a community school	19482
not later than four years after termination of war or their	19483
honorable discharge. If, however, any such veteran elects to	19484
enroll in special courses organized for veterans for whom tuition	19485
is paid under federal law, or otherwise, the department shall not	19486
subtract from a school district's state aid account under division	19487
(C) of this section and shall not pay to a community school under	19488
division (D) of this section any amount for that veteran.	19489

Sec. 3314.086. If the department of education is required to	19490
pay an amount under section 3353.25 of the Revised Code to a	19491
school district delivering a course included in the clearinghouse	19492
established under section 3353.21 of the Revised Code for a	19493
student enrolled in a community school established under this	19494
chapter, the department shall deduct the amount of that payment	19495
from the amount calculated for payment to the community school	19496
under section 3314.08 of the Revised Code.	19497

Sec. 3314.087. (A) As used in this section:

19498

(1) "Career-technical program" means vocational programs or	19499
classes described in division (A) or (B) of section 3317.014 of	19500
the Revised Code in which a student is enrolled.	19501

(2) "Formula ADM," "category one or two vocational education	19502
ADM," and "FTE basis" have the same meanings as in section 3317.02	19503
of the Revised Code.	19504

(3) "Resident school district" means the city, exempted	19505
village, or local school district in which a student is entitled	19506
to attend school under section 3313.64 or 3313.65 of the Revised	19507
Code.	19508

(B) Notwithstanding anything to the contrary in this chapter	19509
or Chapter 3317. of the Revised Code, a student enrolled in a	19510
community school may simultaneously enroll in the career-technical	19511
program operated by the student's resident school district. On an	19512
FTE basis, the student's resident school district shall count the	19513
student in the category one or two vocational education ADM for	19514
the proportion of the time the student is enrolled in the	19515
district's career-technical program and, accordingly, the	19516
department of education shall calculate funds under Chapter 3317.	19517
for the district attributable to the student for the proportion of	19518
time the student attends the career-technical program. The	19519
community school shall count the student in its enrollment report	19520
under section 3314.08 of the Revised Code and shall report to the	19521
department the proportion of time that the student attends classes	19522
at the community school. The department shall pay the community	19523
school and deduct from the student's resident school district the	19524
amount computed for the student under section 3314.08 of the	19525
Revised Code in proportion to the fraction of the time on an FTE	19526
basis that the student attends classes at the community school.	19527
"Full-time equivalency" for a community school student, as defined	19528
in division (L) of section 3314.08 of the Revised Code, does not	19529
apply to the student.	19530

Sec. 3314.088. This section applies to any student who, in	19531
accordance with division (A)(6)(b) of section 3314.03 of the	19532
Revised Code, is withdrawn from a community school managed by an	19533
operator for failure to participate in one hundred five	19534
consecutive hours of the learning opportunities offered to the	19535
student without a legitimate excuse.	19536

If a student to whom this section applies enrolls in the same	19537
community school or a different community school managed by the	19538
same operator in the same school year after becoming subject to	19539
this section and that community school subsequently withdraws the	19540
student in accordance with division (A)(6)(b) of section 3314.03	19541
of the Revised Code prior to the end of the same school year, the	19542
department of education shall not pay any state funds under this	19543
chapter for the student to that community school, and shall not	19544
deduct any funds under this chapter for the student from the state	19545
aid account of the school district in which the student is	19546
entitled to attend school, for the period of one hundred five	19547
consecutive hours of learning opportunities in which the student	19548
failed to participate without a legitimate excuse.	19549

Sec. 3314.19. The sponsor of each community school annually	19550
shall provide the following assurances in writing to the	19551
department of education not later than ten business days prior to	19552
the opening of the school:	19553

(A) That a current copy of the contract between the sponsor	19554
and the governing authority of the school entered into under	19555
section 3314.03 of the Revised Code has been filed with the state	19556
office of community schools established under section 3314.11 of	19557
the Revised Code and that any subsequent modifications to that	19558
contract will be filed with the office;	19559

(B) That the school has submitted to the sponsor a plan for	19560
providing special education and related services to students with	19561
disabilities and has demonstrated the capacity to provide those	19562
services in accordance with Chapter 3323. of the Revised Code and	19563
federal law;	19564

(C) That the school has a plan and procedures for	19565
administering the achievement tests and diagnostic assessments	19566
prescribed by sections 3301.0710 and 3301.0715 of the Revised	19567
Code;	19568

(D) That school personnel have the necessary training,	19569
knowledge, and resources to properly use and submit information to	19570
all databases maintained by the department for the collection of	19571
education data, including the education management information	19572
system established under section 3301.0714 of the Revised Code in	19573
accordance with methods and timelines established under section	19574
3314.17 of the Revised Code;	19575

(E) That all required information about the school has been	19576
submitted to the Ohio education directory system or any successor	19577
system;	19578

(F) That the school will enroll at least the minimum number	19579
of students required by division (A)(11)(a) of section 3314.03 of	19580
the Revised Code in the school year for which the assurances are	19581
provided;	19582

(G) That all classroom teachers are licensed in accordance	19583
with sections 3319.22 to 3319.31 of the Revised Code, except for	19584
noncertificated persons engaged to teach up to twelve hours per	19585
week pursuant to section 3319.301 of the Revised Code;	19586

(H) That the school's fiscal officer is in compliance with	19587
section 3314.011 of the Revised Code;	19588

(I) That the school has complied with section 3319.39 of the	19589
Revised Code with respect to all employees who are responsible for	19590
the care, custody, or control of a child and that the school has	19591
conducted a criminal records check of each of its governing	19592
authority members;	19593

(J) That the school holds all of the following:

19594

(1) Proof of property ownership or a lease for the facilities	19595
used by the school;	19596

(2) A certificate of occupancy;

19597

(3) Liability insurance for the school, as required by	19598
division (A)(11)(b) of section 3314.03 of the Revised Code, that	19599
the sponsor considers sufficient to indemnify the school's	19600
facilities, staff, and governing authority against risk;	19601

(4) A satisfactory health and safety inspection;

19602

(5) A satisfactory fire inspection;

19603

(6) A valid food permit, if applicable.

19604

(K) That the sponsor has conducted a pre-opening site visit	19605
to the school for the school year for which the assurances are	19606
provided;	19607

(L) That the school has designated a date it will open for	19608
the school year for which the assurances are provided that is in	19609
compliance with division (A)(25) of section 3314.03 of the Revised	19610
Code;	19611

(M) That the school has met all of the sponsor's requirements	19612
for opening and any other requirements of the sponsor.	19613

Sec. 3317.01. As used in this section and section 3317.011	19614
of the Revised Code, "school district," unless otherwise	19615
specified, means any city, local, exempted village, joint	19616
vocational, or cooperative education school district and any	19617
educational service center.	19618

This chapter shall be administered by the state board of	19619
education. The superintendent of public instruction shall	19620
calculate the amounts payable to each school district and shall	19621
certify the amounts payable to each eligible district to the	19622
treasurer of the district as provided by this chapter. As soon as	19623
possible after such amounts are calculated, the superintendent	19624
shall certify to the treasurer of each school district the	19625
district's adjusted charge-off increase, as defined in section	19626
5705.211 of the Revised Code. No moneys shall be distributed	19627
pursuant to this chapter without the approval of the controlling	19628
board.	19629

The state board of education shall, in accordance with	19630
appropriations made by the general assembly, meet the financial	19631
obligations of this chapter.	19632

Annually, the department of education shall calculate and	19633
report to each school district the district's total state and	19634
local funds for providing an adequate basic education to the	19635
district's nonhandicapped students, utilizing the determination in	19636
section 3317.012 of the Revised Code. In addition, the department	19637
shall calculate and report separately for each school district the	19638
district's total state and local funds for providing an adequate	19639
education for its handicapped students, utilizing the	19640
determinations in both sections 3317.012 and 3317.013 of the	19641
Revised Code.	19642

Not later than the thirty-first day of August of each fiscal	19643
year, the department of education shall provide to each school	19644
district and county MR/DD board a preliminary estimate of the	19645
amount of funding that the department calculates the district will	19646
receive under each of divisions (C)(1) and (4) of section 3317.022	19647
of the Revised Code. No later than the first day of December of	19648
each fiscal year, the department shall update that preliminary	19649
estimate.	19650

Moneys distributed pursuant to this chapter shall be	19651
calculated and paid on a fiscal year basis, beginning with the	19652
first day of July and extending through the thirtieth day of June.	19653
The moneys appropriated for each fiscal year shall be distributed	19654
at least monthly to each school district unless otherwise provided	19655
for. The state board shall submit a yearly distribution plan to	19656
the controlling board at its first meeting in July. The state	19657
board shall submit any proposed midyear revision of the plan to	19658
the controlling board in January. Any year-end revision of the	19659
plan shall be submitted to the controlling board in June. If	19660
moneys appropriated for each fiscal year are distributed other	19661
than monthly, such distribution shall be on the same basis for	19662
each school district.	19663

The total amounts paid each month shall constitute, as nearly	19664
as possible, one-twelfth of the total amount payable for the	19665
entire year.	19666

~~Until fiscal year 2007, payments~~Payments made during the	19667
first six months of the fiscal year may be based on an estimate of	19668
the amounts payable for the entire year. Payments made in the last	19669
six months shall be based on the final calculation of the amounts	19670
payable to each school district for that fiscal year. Payments	19671
made in the last six months may be adjusted, if necessary, to	19672
correct the amounts distributed in the first six months, and to	19673
reflect enrollment increases when such are at least three per	19674
cent.	19675

~~Beginning in fiscal year 2007, payments shall be calculated~~	19676
~~to reflect the biannual reporting of average daily membership. In~~	19677
~~fiscal year 2007 and in each fiscal year thereafter, annualized~~	19678
~~periodic payments for each school district shall be based on the~~	19679
~~district's student counts certified pursuant to section 3317.03 of~~	19680
~~the Revised Code as follows:~~	19681

~~the sum of one-half of the number of students reported~~

19682

~~for the first full week in October plus one-half of the~~

19683

~~average of the numbers reported for the first full week~~

19684

~~in October and for the first full week in February~~

19685

Except as otherwise provided, payments under this chapter	19686
shall be made only to those school districts in which:	19687

(A) The school district, except for any educational service	19688
center and any joint vocational or cooperative education school	19689
district, levies for current operating expenses at least twenty	19690
mills. Levies for joint vocational or cooperative education	19691
school districts or county school financing districts, limited to	19692
or to the extent apportioned to current expenses, shall be	19693
included in this qualification requirement. School district income	19694
tax levies under Chapter 5748. of the Revised Code, limited to or	19695
to the extent apportioned to current operating expenses, shall be	19696
included in this qualification requirement to the extent	19697
determined by the tax commissioner under division (D) of section	19698
3317.021 of the Revised Code.	19699

(B) The school year next preceding the fiscal year for which	19700
such payments are authorized meets the requirement of section	19701
3313.48 or 3313.481 of the Revised Code, with regard to the	19702
minimum number of days or hours school must be open for	19703
instruction with pupils in attendance, for individualized	19704
parent-teacher conference and reporting periods, and for	19705
professional meetings of teachers. This requirement shall be	19706
waived by the superintendent of public instruction if it had been	19707
necessary for a school to be closed because of disease epidemic,	19708
hazardous weather conditions, inoperability of school buses or	19709
other equipment necessary to the school's operation, damage to a	19710
school building, or other temporary circumstances due to utility	19711
failure rendering the school building unfit for school use,	19712
provided that for those school districts operating pursuant to	19713
section 3313.48 of the Revised Code the number of days the school	19714
was actually open for instruction with pupils in attendance and	19715
for individualized parent-teacher conference and reporting periods	19716
is not less than one hundred seventy-five, or for those school	19717
districts operating on a trimester plan the number of days the	19718
school was actually open for instruction with pupils in attendance	19719
not less than seventy-nine days in any trimester, for those school	19720
districts operating on a quarterly plan the number of days the	19721
school was actually open for instruction with pupils in attendance	19722
not less than fifty-nine days in any quarter, or for those school	19723
districts operating on a pentamester plan the number of days the	19724
school was actually open for instruction with pupils in attendance	19725
not less than forty-four days in any pentamester.	19726

A school district shall not be considered to have failed to	19727
comply with this division or section 3313.481 of the Revised Code	19728
because schools were open for instruction but either twelfth grade	19729
students were excused from attendance for up to three days or only	19730
a portion of the kindergarten students were in attendance for up	19731
to three days in order to allow for the gradual orientation to	19732
school of such students.	19733

The superintendent of public instruction shall waive the	19734
requirements of this section with reference to the minimum number	19735
of days or hours school must be in session with pupils in	19736
attendance for the school year succeeding the school year in which	19737
a board of education initiates a plan of operation pursuant to	19738
section 3313.481 of the Revised Code. The minimum requirements of	19739
this section shall again be applicable to such a district	19740
beginning with the school year commencing the second July	19741
succeeding the initiation of one such plan, and for each school	19742
year thereafter.	19743

A school district shall not be considered to have failed to	19744
comply with this division or section 3313.48 or 3313.481 of the	19745
Revised Code because schools were open for instruction but the	19746
length of the regularly scheduled school day, for any number of	19747
days during the school year, was reduced by not more than two	19748
hours due to hazardous weather conditions.	19749

(C) The school district has on file, and is paying in	19750
accordance with, a teachers' salary schedule which complies with	19751
section 3317.13 of the Revised Code.	19752

A board of education or governing board of an educational	19753
service center which has not conformed with other law and the	19754
rules pursuant thereto, shall not participate in the distribution	19755
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	19756
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	19757
and sufficient reason established to the satisfaction of the state	19758
board of education and the state controlling board.	19759

All funds allocated to school districts under this chapter,	19760
except those specifically allocated for other purposes, shall be	19761
used to pay current operating expenses only.	19762

Sec. 3317.012. (A) The general assembly, having deliberated	19763
on the model with which to calculate the base cost of an adequate	19764
education per pupil, has made a policy decision to calculate that	19765
amount as consisting of the following building blocks:	19766

(1) Base classroom teachers;

19767

(2) Other personnel support, which includes additional	19768
teachers, such as music, arts, and physical education teachers	19769
funded by state, local, or federal funds or other funds that are	19770
above the base cost funding level, and other school personnel	19771
including administrators;	19772

(3) Nonpersonnel support.

19773

This model reflects policy decisions made by the general	19774
assembly concerning the cost of base classroom teachers, which	19775
decisions entail two policy variables: the number of students per	19776
base classroom teacher necessary for an adequate education and the	19777
average compensation for a base classroom teacher necessary for an	19778
adequate education. The model requires the general assembly to	19779
decide the amount of other personnel support necessary for an	19780
adequate education~~, and increase that amount from year to year by~~	19781
~~the same percentage as it increases the average compensation for~~	19782
~~base classroom teachers~~. The model finally requires the general	19783
assembly to decide the nonpersonnel costs necessary for an	19784
adequate education and to inflate the nonpersonnel costs from year	19785
to year using the projected inflationary measure for the gross	19786
domestic product deflator (all items) prepared by the bureau of	19787
labor statistics of the United States department of labor.	19788

(B)(1) For fiscal year ~~2006~~2008, the general assembly has	19789
resolved that a ratio of one base classroom teacher per twenty	19790
students is necessary for an adequate education. The general	19791
assembly has made a policy decision that the average compensation	19792
for base classroom teachers is ~~$53,680~~$56,754 for fiscal year	19793
~~2006~~2008, which includes an amount for the value of fringe	19794
benefits. For fiscal year ~~2007~~2009, the general assembly has	19795
resolved that a ratio of one base classroom teacher per twenty	19796
students is necessary for an adequate education. The general	19797
assembly has made a policy decision that the average compensation	19798
for base classroom teachers is ~~$54,941~~$58,621 for fiscal year	19799
2009, which includes an amount for the value of fringe benefits.	19800
Based on a ratio of twenty students per base classroom teacher,	19801
these amounts equal ~~$2,684~~$2,838 per pupil in fiscal year ~~2006~~	19802
2008 and ~~$2,747~~$2,931 per pupil in fiscal year ~~2007~~2009.	19803

(2) The general assembly has made a policy decision that the	19804
per pupil cost of salary and benefits of other personnel support	19805
is ~~$1,807~~$1,905 in fiscal year ~~2006~~2008. Based on the percentage	19806
increase for the ~~average compensation of base classroom teachers~~	19807
per pupil cost of salary and benefits of other personnel support	19808
from fiscal year ~~2006~~2007 to fiscal year ~~2007~~2008, the per pupil	19809
cost of other personnel support is ~~$1,850~~$1,962 in fiscal year	19810
~~2007~~2009.	19811

(3) The general assembly has made a policy decision that the	19812
per pupil cost of nonpersonnel support is ~~$792~~$822 in fiscal year	19813
~~2006~~2008 and ~~$806~~$839 in fiscal year ~~2007~~2009. The amount for	19814
fiscal year ~~2007~~2009 reflects the projected inflationary measure	19815
for the gross domestic product deflator (all items) of ~~1.80%~~	19816
2.00%.	19817

(4) Based on the determinations specified in divisions (B)(1)	19818
to (3) of this section, the per-pupil base cost is ~~$5,283~~$5,565	19819
in fiscal year ~~2006~~2008 and ~~$5,403~~$5,732 in fiscal year ~~2007~~	19820
2009.	19821

(C) In addition to the per-pupil base cost as determined	19822
under divisions (A) and (B) of this section, the general assembly	19823
determines that the following base funding supplements shall be	19824
paid to each school district:	19825

(1) Base funding for large-group academic intervention for	19826
all students, based on 25 hours per group of students per year at	19827
an hourly rate of ~~$20.00~~$21.01 in fiscal year ~~2006~~2008 and	19828
~~$20.40~~$21.64 in fiscal year ~~2007~~2009, as follows:	19829

large-group intervention units X 25 hours X hourly rate

19830

Where:

19831

(a) "Large-group intervention units" equals the district's	19832
formula ADM divided by 20;	19833

(b) "Hourly rate" equals ~~$20.00~~$21.01 in fiscal year ~~2006~~	19834
2008 and ~~$20.40~~$21.64 in fiscal year ~~2007~~2009.	19835

(2) Base funding for professional development, phased in	19836
according to the following formula:	19837

district's teacher factor X 0.045 X

19838

formula amount X phase-in percentage

19839

Where:

19840

(a) For each school district, the district's "teacher factor"	19841
is the district's formula ADM divided by 17;	19842

(b) "Phase-in percentage" equals ~~0.25 in fiscal year 2006 and~~	19843
0.75 ~~in fiscal year 2007~~.	19844

(3) Base funding for data-based decision making, calculated	19845
according to the following formula:	19846

0.001 X formula amount X formula ADM

19847

(4) Base funding for professional development regarding	19848
data-based decision making, calculated according to the following	19849
formula:	19850

(0.20 X the district's teacher factor X 0.08 X formula amount) +

19851

(the district's principal factor X

19852

0.08 X formula amount)

19853

Where:

19854

(a) For each school district, the district's "teacher factor"	19855
is the district's formula ADM divided by 17;	19856

(b) For each school district, the district's "principal	19857
factor" is the district's formula ADM divided by 340.	19858

(D) The general assembly intends that school districts spend	19859
the state funds calculated and paid for each component of the	19860
building blocks methodology described in divisions (B)(1) to (3)	19861
and (C)(1) to (4) of this section according to the purposes	19862
described in those divisions.	19863

Sec. 3317.013. Except for a handicapped preschool child for	19864
whom a scholarship has been awarded under section 3310.41 of the	19865
Revised Code, this section does not apply to handicapped preschool	19866
students.	19867

Analysis of special education cost data has resulted in a	19868
finding that the average special education additional cost per	19869
pupil, including the costs of related services, can be expressed	19870
as a multiple of the base cost per pupil calculated under section	19871
3317.012 of the Revised Code. The multiples for the following	19872
categories of special education programs, as these programs are	19873
defined for purposes of Chapter 3323. of the Revised Code, and	19874
adjusted as provided in this section, are as follows:	19875

(A) A multiple of 0.2892 for students whose primary or only	19876
identified handicap is a speech and language handicap, as this	19877
term is defined pursuant to Chapter 3323. of the Revised Code;	19878

(B) A multiple of 0.3691 for students identified as specific	19879
learning disabled or developmentally handicapped, as these terms	19880
are defined pursuant to Chapter 3323. of the Revised Code, or	19881
other health handicapped-minor;	19882

(C) A multiple of 1.7695 for students identified as hearing	19883
handicapped, vision impaired, or severe behavior handicapped, as	19884
these terms are defined pursuant to Chapter 3323. of the Revised	19885
Code;	19886

(D) A multiple of 2.3646 for students identified as	19887
orthopedically handicapped, as this term is defined pursuant to	19888
Chapter 3323. of the Revised Code or other health handicapped -	19889
major;	19890

(E) A multiple of 3.1129 for students identified as	19891
multihandicapped, as this term is defined pursuant to Chapter	19892
3323. of the Revised Code;	19893

(F) A multiple of 4.7342 for students identified as autistic,	19894
having traumatic brain injuries, or as both visually and hearing	19895
disabled, as these terms are defined pursuant to Chapter 3323. of	19896
the Revised Code.	19897

In fiscal ~~year 2004~~years 2008 and 2009, the multiples	19898
specified in divisions (A) to (F) of this section ~~shall be~~	19899
~~adjusted by multiplying them by 0.88. In fiscal years 2005, 2006,~~	19900
~~and 2007, the multiples specified in those divisions~~ shall be	19901
adjusted by multiplying them by 0.90.	19902

Not later than the thirtieth day of ~~May~~December in ~~2004,~~	19903
~~2005, 2006, and~~ 2007, 2008, and 2009, the department of education	19904
shall submit to the office of budget and management a report that	19905
specifies for each city, local, exempted village, and joint	19906
vocational school district the fiscal year allocation of the state	19907
and local shares of special education and related services	19908
additional weighted funding and federal special education funds	19909
passed through to the district.	19910

Sec. 3317.014. The average vocational education additional	19911
cost per pupil can be expressed as a multiple of the base cost per	19912
pupil calculated under section 3317.012 of the Revised Code. ~~the~~	19913
The multiples for the following categories of vocational education	19914
programs are as follows:	19915

(A) A multiple of 0.57 for students enrolled in vocational	19916
education job-training and workforce development programs approved	19917
by the department of education in accordance with rules adopted	19918
under section 3313.90 of the Revised Code.	19919

(B) A multiple of 0.28 for students enrolled in vocational	19920
education classes other than job-training and workforce	19921
development programs.	19922

Vocational education associated services costs can be	19923
expressed as a multiple of 0.05 of the base cost per pupil	19924
calculated under section 3317.012 of the Revised Code.	19925

~~The general assembly has adjusted the multiples specified in~~	19926
~~this section for calculating payments beginning in fiscal year~~	19927
~~2002 in recognition that its policy change regarding the~~	19928
~~application of the cost-of-doing-business factor produces a higher~~	19929
~~base cost amount than would exist if no change were made to its~~	19930
~~application. The adjustment maintains the same weighted costs as~~	19931
~~would exist if no change were made to the application of the~~	19932
~~cost-of-doing-business factor.~~	19933

~~The~~By the thirtieth day of each December, the department of	19934
education shall ~~annually~~ report to the ~~governor~~office of budget	19935
and management and the general assembly the amount of weighted	19936
funding for vocational education and associated services that is	19937
was spent by each city, local, exempted village, and joint	19938
vocational school district specifically for vocational educational	19939
and associated services during the previous fiscal year.	19940

Sec. 3317.015. (A) In addition to the information certified	19941
to the department of education and the office of budget and	19942
management under division (A) of section 3317.021 of the Revised	19943
Code, the tax commissioner shall, at the same time, certify the	19944
following information to the department and the office of budget	19945
and management for each city, exempted village, and local school	19946
district to be used for the same purposes as described under that	19947
division:	19948

(1) The taxable value of the school district's carryover	19949
property, as defined in section 319.301 of the Revised Code, for	19950
the preceding tax year;	19951

(2) The increase in such carryover value, if any, between the	19952
second preceding tax year and the preceding tax year as used in	19953
calculating the percentage reduction under section 319.301 of the	19954
Revised Code.	19955

(B) For each fiscal year the department of education shall	19956
calculate each school district's recognized valuation in the	19957
following manner:	19958

(1) For a school district located in a county in which a	19959
reappraisal or triennial update occurred in the preceding tax	19960
year, the recognized valuation equals the district's total taxable	19961
value for the preceding tax year minus two-thirds times the	19962
increase in the carryover value from the second preceding tax year	19963
to the preceding tax year.	19964

(2) For a school district located in a county in which a	19965
reappraisal or triennial update occurred in the second preceding	19966
tax year, the recognized valuation equals the district's total	19967
taxable value for the preceding tax year minus one-third times the	19968
increase in the carryover value from the third preceding tax year	19969
to the second preceding tax year.	19970

(3) For a school district located in a county in which a	19971
reappraisal or triennial update occurred in the third preceding	19972
tax year, the recognized valuation equals the district's total	19973
taxable value for the preceding tax year.	19974

Sec. 3317.016. In addition to its form SF-3, or any successor	19975
to that form, the department of education shall publish on its web	19976
site a spreadsheet for each school district that specifies the	19977
constituent components of the district's "building blocks" funds,	19978
as follows:	19979

(A) For compensation of base classroom teachers, as described	19980
in division (B)(1) of section 3317.012 of the Revised Code, each	19981
spreadsheet shall specify the district's aggregate and per pupil	19982
amounts of state funds and of combined state and local funds, the	19983
average compensation decided by the general assembly for base	19984
classroom teachers, as specified in that division, and the number	19985
of base classroom teachers attributable to the district based on	19986
the student-teacher ratio decided by the general assembly, as	19987
specified in that division.	19988

(B) Each spreadsheet shall specify the district's aggregate	19989
and per pupil amounts of state funds and of combined state and	19990
local funds for each of the following:	19991

(1) Other personnel support, as described in division (B)(2)	19992
of section 3317.012 of the Revised Code;	19993

(2) Nonpersonnel support, as described in division (B)(3) of	19994
that section;	19995

(3) Academic intervention services, as described in division	19996
(C)(1) of that section;	19997

(4) Professional development, as described in division (C)(2)	19998
of that section;	19999

(5) Data-based decision making, as described in division	20000
(C)(3) of that section;	20001

(6) Professional development for data-based decision making,	20002
as described in division (C)(4) of that section.	20003

(C) Each spreadsheet shall separately specify the district's	20004
aggregate and per pupil state funds for each of the following	20005
components of poverty-based assistance under section 3317.029 of	20006
the Revised Code:	20007

(1) ~~Poverty-based assistance guarantee payment under division~~	20008
~~(B) of that section;~~	20009

~~(2)~~ Academic intervention funding under division (C) of that	20010
section;	20011

~~(3)~~(2) All-day kindergarten under division (D) of that	20012
section;	20013

~~(4) Class-size reduction~~(3) Increased classroom learning	20014
opportunities under division (E) of that section;	20015

~~(5)~~(4) Services to limited English proficient students under	20016
division (F) of that section;	20017

~~(6)~~(5) Professional development, under division (G) of that	20018
section;	20019

~~(7)~~(6) Dropout prevention under division (H) of that section;

20020

~~(8)~~(7) Community outreach under division (I) of that section;

20021

(8) Assistance in closing the achievement gap under division	20022
(K) of that section.	20023

Sec. 3317.017. (A) Not later than July 1, 2006, the	20024
superintendent of public instruction shall adopt a rule under	20025
which the superintendent may issue an order with respect to the	20026
spending, by a school district declared to be under an academic	20027
watch or in a state of academic emergency under section 3302.03 of	20028
the Revised Code, of the following state building block funds	20029
intended to pay instructional-related costs:	20030

(1) State funds for compensation of base classroom teachers,	20031
as described in division (B)(1) of section 3317.012 of the Revised	20032
Code;	20033

(2) State funds for academic intervention services under	20034
division (C)(1) of section 3317.012 and division (C) of section	20035
3317.029 of the Revised Code;	20036

(3) State funds for professional development under divisions	20037
(C)(2) and (4) of section 3317.012 and division (G) of section	20038
3317.029 of the Revised Code;	20039

(4) State funds for data based decision making under division	20040
(C)(3) of section 3317.012 of the Revised Code;	20041

(5) ~~The poverty-based assistance guarantee payment under~~	20042
~~division (B) of section 3317.029 of the Revised Code;~~	20043

~~(6)~~ State funds for all-day kindergarten under division (D)	20044
of section 3317.029 of the Revised Code;	20045

~~(7)~~(6) State funds for ~~class-size reduction~~increased	20046
classroom learning opportunities under division (E) of section	20047
3317.029 of the Revised Code;	20048

~~(8)~~(7) State funds for services to limited English proficient	20049
students under division (F) of section 3317.029 of the Revised	20050
Code;	20051

~~(9)~~(8) State funds for dropout prevention under division (H)	20052
of section 3317.029 of the Revised Code;	20053

~~(10)~~(9) State funds for community outreach under division (I)	20054
of section 3317.029 of the Revised Code;	20055

(10) State funds for assistance in closing the achievement	20056
gap under division (K) of section 3317.029 of the Revised Code.	20057

(B) The rule shall authorize the superintendent of public	20058
instruction to issue an order that does one or a combination of	20059
the following:	20060

(1) Requires the school district to periodically report to	20061
the superintendent of public instruction on its spending of the	20062
state funds paid for each building blocks component described in	20063
divisions (A)(1) to (10) of this section;	20064

(2) Requires the district to establish a separate account for	20065
each of the building blocks components described in divisions	20066
(A)(1) to (10) of this section to which the district shall credit	20067
the state funds paid for each;	20068

(3) Directs the district's spending of any or all of the	20069
state funds paid for the components described in divisions (A)(1)	20070
to (10) of this section in accordance with the descriptions and	20071
requirements of sections 3317.012 and 3317.029 of the Revised	20072
Code.	20073

(C) The rule shall specify situations in which the	20074
superintendent may issue an order and the types of orders the	20075
superintendent will issue for each of those situations. The rule,	20076
however, shall authorize the superintendent to issue orders in	20077
situations that are not enumerated or described in the rule.	20078

(D) The board of education of each school district to which	20079
the superintendent of public instruction issues an order pursuant	20080
to the rule adopted under this section shall comply with that	20081
order.	20082

Sec. 3317.02. As used in this chapter:

20083

(A) Unless otherwise specified, "school district" means city,	20084
local, and exempted village school districts.	20085

(B) "Formula amount" means the base cost for the fiscal year	20086
specified in division (B)(4) of section 3317.012 of the Revised	20087
Code.	20088

(C) "FTE basis" means a count of students based on full-time	20089
equivalency, in accordance with rules adopted by the department of	20090
education pursuant to section 3317.03 of the Revised Code. In	20091
adopting its rules under this division, the department shall	20092
provide for counting any student in category one, two, three,	20093
four, five, or six special education ADM or in category one or two	20094
vocational education ADM in the same proportion the student is	20095
counted in formula ADM.	20096

(D) "Formula ADM" means, for a city, local, or exempted	20097
village school district, the final number verified by the	20098
superintendent of public instruction, based on the number reported	20099
pursuant to division (A) of section 3317.03 of the Revised Code,	20100
~~and~~as adjusted, if so ordered, under division (K) of that	20101
section. "Formula ADM" means, for a joint vocational school	20102
district, the final number verified by the superintendent of	20103
public instruction, based on the number reported pursuant to	20104
division (D) of section 3317.03 of the Revised Code~~. Beginning in~~	20105
~~fiscal year 2007, for payments in which formula ADM is a factor,~~	20106
~~the formula ADM for each school district for the fiscal year is~~	20107
~~the sum of one-half of the number reported for October of that~~	20108
~~fiscal year plus one-half of the average of the numbers reported~~	20109
~~for October and February of that fiscal year~~, as adjusted, if so	20110
ordered, under division (K) of that section.	20111

(E) "Three-year average formula ADM" means the average of	20112
formula ADMs for the ~~current and~~ preceding ~~two~~three fiscal years.	20113

(F)(1) "Category one special education ADM" means the average	20114
daily membership of handicapped children receiving special	20115
education services for the handicap specified in division (A) of	20116
section 3317.013 of the Revised Code and reported under division	20117
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	20118
~~Beginning in fiscal year 2007, the district's category one special~~	20119
~~education ADM for a fiscal year is the sum of one-half of the~~	20120
~~number reported for October of that fiscal year plus one-half of~~	20121
~~the average of the numbers reported for October and February of~~	20122
~~that fiscal year.~~	20123

(2) "Category two special education ADM" means the average	20124
daily membership of handicapped children receiving special	20125
education services for those handicaps specified in division (B)	20126
of section 3317.013 of the Revised Code and reported under	20127
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	20128
Code. ~~Beginning in fiscal year 2007, the district's category two~~	20129
~~special education ADM for a fiscal year is the sum of one-half of~~	20130
~~the number reported for October of that fiscal year plus one-half~~	20131
~~of the average of the numbers reported for October and February of~~	20132
~~that fiscal year.~~	20133

(3) "Category three special education ADM" means the average	20134
daily membership of students receiving special education services	20135
for those handicaps specified in division (C) of section 3317.013	20136
of the Revised Code, and reported under division (B)(7) or	20137
(D)(2)(d) of section 3317.03 of the Revised Code. ~~Beginning in~~	20138
~~fiscal year 2007, the district's category three special education~~	20139
~~ADM for a fiscal year is the sum of one-half of the number~~	20140
~~reported for October of that fiscal year plus one-half of the~~	20141
~~average of the numbers reported for October and February of that~~	20142
~~fiscal year.~~	20143

(4) "Category four special education ADM" means the average	20144
daily membership of students receiving special education services	20145
for those handicaps specified in division (D) of section 3317.013	20146
of the Revised Code and reported under division (B)(8) or	20147
(D)(2)(e) of section 3317.03 of the Revised Code. ~~Beginning in~~	20148
~~fiscal year 2007, the district's category four special education~~	20149
~~ADM for a fiscal year is the sum of one-half of the number~~	20150
~~reported for October of that fiscal year plus one-half of the~~	20151
~~average of the numbers reported for October and February of that~~	20152
~~fiscal year.~~	20153

(5) "Category five special education ADM" means the average	20154
daily membership of students receiving special education services	20155
for the handicap specified in division (E) of section 3317.013 of	20156
the Revised Code and reported under division (B)(9) or (D)(2)(f)	20157
of section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	20158
~~2007, the district's category five special education ADM for a~~	20159
~~fiscal year is the sum of one-half of the number reported for~~	20160
~~October of that fiscal year plus one-half of the average of the~~	20161
~~numbers reported for October and February of that fiscal year.~~	20162

(6) "Category six special education ADM" means the average	20163
daily membership of students receiving special education services	20164
for the handicap specified in division (F) of section 3317.013 of	20165
the Revised Code and reported under division (B)(10) or (D)(2)(g)	20166
of section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	20167
~~2007, the district's category six special education ADM for a~~	20168
~~fiscal year is the sum of one-half of the number reported for~~	20169
~~October of that fiscal year plus one-half of the average of the~~	20170
~~numbers reported for October and February of that fiscal year.~~	20171

(7) "Category one vocational education ADM" means the average	20172
daily membership of students receiving vocational education	20173
services described in division (A) of section 3317.014 of the	20174
Revised Code and reported under division (B)(11) or (D)(2)(h) of	20175
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	20176
~~2007, the district's category one vocational education ADM for a~~	20177
~~fiscal year is the sum of one-half of the number reported for~~	20178
~~October of that fiscal year plus one-half of the average of the~~	20179
~~numbers reported for October and February of that fiscal year.~~	20180

(8) "Category two vocational education ADM" means the average	20181
daily membership of students receiving vocational education	20182
services described in division (B) of section 3317.014 of the	20183
Revised Code and reported under division (B)(12) or (D)(2)(i) of	20184
section 3317.03 of the Revised Code. ~~Beginning in fiscal year~~	20185
~~2007, the district's category two vocational education ADM for a~~	20186
~~fiscal year is the sum of one-half of the number reported for~~	20187
~~October of that fiscal year plus one-half of the average of the~~	20188
~~numbers reported for October and February of that fiscal year.~~	20189

(G) "Handicapped preschool child" means a handicapped child,	20190
as defined in section 3323.01 of the Revised Code, who is at least	20191
age three but is not of compulsory school age, as defined in	20192
section 3321.01 of the Revised Code, and who is not currently	20193
enrolled in kindergarten.	20194

(H) "County MR/DD board" means a county board of mental	20195
retardation and developmental disabilities.	20196

(I) "Recognized valuation" means the amount calculated for a	20197
school district pursuant to section 3317.015 of the Revised Code.	20198

(J) "Transportation ADM" means the number of children	20199
reported under division (B)(13) of section 3317.03 of the Revised	20200
Code.	20201

(K) "Average efficient transportation use cost per student"	20202
means a statistical representation of transportation costs as	20203
calculated under division (D)(2) of section 3317.022 of the	20204
Revised Code.	20205

(L) "Taxes charged and payable" means the taxes charged and	20206
payable against real and public utility property after making the	20207
reduction required by section 319.301 of the Revised Code, plus	20208
the taxes levied against tangible personal property.	20209

(M) "Total taxable value" means the sum of the amounts	20210
certified for a city, local, exempted village, or joint vocational	20211
school district under divisions (A)(1) and (2) of section 3317.021	20212
of the Revised Code.	20213

(N) ~~"Cost-of-doing-business factor" means the amount~~	20214
~~indicated in division (N)(1) or (2) of this section for the county~~	20215
~~in which a city, local, exempted village, or joint vocational~~	20216
~~school district is located. If a city, local, or exempted village~~	20217
~~school district is located in more than one county, the factor is~~	20218
~~the amount indicated for the county to which the district is~~	20219
~~assigned by the state department of education. If a joint~~	20220
~~vocational school district is located in more than one county, the~~	20221
~~factor is the amount indicated for the county in which the joint~~	20222
~~vocational school with the greatest formula ADM operated by the~~	20223
~~district is located.~~	20224

~~(1) In fiscal year 2006, the cost-of-doing-business factor~~	20225
~~for each county is:~~	20226

	~~COST-OF-DOING-BUSINESS~~	20227
~~COUNTY~~	~~FACTOR AMOUNT~~	20228
~~Adams~~	~~1.00233~~	20229
~~Allen~~	~~1.01373~~	20230
~~Ashland~~	~~1.01980~~	20231
~~Ashtabula~~	~~1.02647~~	20232
~~Athens~~	~~1.00093~~	20233
~~Auglaize~~	~~1.01647~~	20234
~~Belmont~~	~~1.00427~~	20235
~~Brown~~	~~1.01180~~	20236
~~Butler~~	~~1.04307~~	20237
~~Carroll~~	~~1.00913~~	20238
~~Champaign~~	~~1.02973~~	20239
~~Clark~~	~~1.02980~~	20240
~~Clermont~~	~~1.03607~~	20241
~~Clinton~~	~~1.02193~~	20242
~~Columbiana~~	~~1.01427~~	20243
~~Coshocton~~	~~1.01153~~	20244
~~Crawford~~	~~1.01093~~	20245
~~Cuyahoga~~	~~1.04173~~	20246
~~Darke~~	~~1.02253~~	20247
~~Defiance~~	~~1.00973~~	20248
~~Delaware~~	~~1.03520~~	20249
~~Erie~~	~~1.02587~~	20250
~~Fairfield~~	~~1.02440~~	20251
~~Fayette~~	~~1.02127~~	20252
~~Franklin~~	~~1.04053~~	20253
~~Fulton~~	~~1.0220~~	20254
~~Gallia~~	~~1.00000~~	20255
~~Geauga~~	~~1.03340~~	20256
~~Greene~~	~~1.02960~~	20257
~~Guernsey~~	~~1.00440~~	20258
~~Hamilton~~	~~1.05000~~	20259
~~Hancock~~	~~1.01433~~	20260
~~Hardin~~	~~1.02373~~	20261
~~Harrison~~	~~1.00493~~	20262
~~Henry~~	~~1.02120~~	20263
~~Highland~~	~~1.00987~~	20264
~~Hocking~~	~~1.01253~~	20265
~~Holmes~~	~~1.01187~~	20266
~~Huron~~	~~1.01953~~	20267
~~Jackson~~	~~1.00920~~	20268
~~Jefferson~~	~~1.00487~~	20269
~~Knox~~	~~1.01860~~	20270
~~Lake~~	~~1.03493~~	20271
~~Lawrence~~	~~1.00540~~	20272
~~Licking~~	~~1.02540~~	20273
~~Logan~~	~~1.02567~~	20274
~~Lorain~~	~~1.03433~~	20275
~~Lucas~~	~~1.02600~~	20276
~~Madison~~	~~1.03253~~	20277
~~Mahoning~~	~~1.02307~~	20278
~~Marion~~	~~1.02040~~	20279
~~Medina~~	~~1.03573~~	20280
~~Meigs~~	~~1.00173~~	20281
~~Mercer~~	~~1.01353~~	20282
~~Miami~~	~~1.02740~~	20283
~~Monroe~~	~~1.00333~~	20284
~~Montgomery~~	~~1.03020~~	20285
~~Morgan~~	~~1.00593~~	20286
~~Morrow~~	~~1.02007~~	20287
~~Muskingum~~	~~1.00847~~	20288
~~Noble~~	~~1.00487~~	20289
~~Ottawa~~	~~1.03240~~	20290
~~Paulding~~	~~1.00767~~	20291
~~Perry~~	~~1.01067~~	20292
~~Pickaway~~	~~1.02607~~	20293
~~Pike~~	~~1.00687~~	20294
~~Portage~~	~~1.03147~~	20295
~~Preble~~	~~1.02947~~	20296
~~Putnam~~	~~1.01440~~	20297
~~Richland~~	~~1.01327~~	20298
~~Ross~~	~~1.01007~~	20299
~~Sandusky~~	~~1.02140~~	20300
~~Scioto~~	~~1.00080~~	20301
~~Seneca~~	~~1.01487~~	20302
~~Shelby~~	~~1.01853~~	20303
~~Stark~~	~~1.01700~~	20304
~~Summit~~	~~1.03613~~	20305
~~Trumbull~~	~~1.02340~~	20306
~~Tuscarawas~~	~~1.00593~~	20307
~~Union~~	~~1.03333~~	20308
~~Van Wert~~	~~1.00887~~	20309
~~Vinton~~	~~1.00633~~	20310
~~Warren~~	~~1.04387~~	20311
~~Washington~~	~~1.00400~~	20312
~~Wayne~~	~~1.02320~~	20313
~~Williams~~	~~1.01520~~	20314
~~Wood~~	~~1.02400~~	20315
~~Wyandot~~	~~1.01140~~	20316

~~(2) In fiscal year 2007, the cost-of-doing-business factor~~	20317
~~for each county is:~~	20318

	~~COST-OF-DOING-BUSINESS~~	20319
~~COUNTY~~	~~FACTOR AMOUNT~~	20320
~~Adams~~	~~1.00117~~	20321
~~Allen~~	~~1.00687~~	20322
~~Ashland~~	~~1.00990~~	20323
~~Ashtabula~~	~~1.01323~~	20324
~~Athens~~	~~1.00047~~	20325
~~Auglaize~~	~~1.00823~~	20326
~~Belmont~~	~~1.00213~~	20327
~~Brown~~	~~1.00590~~	20328
~~Butler~~	~~1.02153~~	20329
~~Carroll~~	~~1.00457~~	20330
~~Champaign~~	~~1.01487~~	20331
~~Clark~~	~~1.01490~~	20332
~~Clermont~~	~~1.01803~~	20333
~~Clinton~~	~~1.01097~~	20334
~~Columbiana~~	~~1.00713~~	20335
~~Coshocton~~	~~1.00577~~	20336
~~Crawford~~	~~1.00547~~	20337
~~Cuyahoga~~	~~1.02087~~	20338
~~Darke~~	~~1.01127~~	20339
~~Defiance~~	~~1.00487~~	20340
~~Delaware~~	~~1.01760~~	20341
~~Erie~~	~~1.01293~~	20342
~~Fairfield~~	~~1.01220~~	20343
~~Fayette~~	~~1.01063~~	20344
~~Franklin~~	~~1.02027~~	20345
~~Fulton~~	~~1.01100~~	20346
~~Gallia~~	~~1.00000~~	20347
~~Geauga~~	~~1.01670~~	20348
~~Greene~~	~~1.01480~~	20349
~~Guernsey~~	~~1.00220~~	20350
~~Hamilton~~	~~1.02500~~	20351
~~Hancock~~	~~1.00717~~	20352
~~Hardin~~	~~1.01187~~	20353
~~Harrison~~	~~1.00247~~	20354
~~Henry~~	~~1.01060~~	20355
~~Highland~~	~~1.00493~~	20356
~~Hocking~~	~~1.00627~~	20357
~~Holmes~~	~~1.00593~~	20358
~~Huron~~	~~1.00977~~	20359
~~Jackson~~	~~1.00460~~	20360
~~Jefferson~~	~~1.00243~~	20361
~~Knox~~	~~1.00930~~	20362
~~Lake~~	~~1.01747~~	20363
~~Lawrence~~	~~1.00270~~	20364
~~Licking~~	~~1.01270~~	20365
~~Logan~~	~~1.01283~~	20366
~~Lorain~~	~~1.01717~~	20367
~~Lucas~~	~~1.01300~~	20368
~~Madison~~	~~1.01627~~	20369
~~Mahoning~~	~~1.01153~~	20370
~~Marion~~	~~1.01020~~	20371
~~Medina~~	~~1.01787~~	20372
~~Meigs~~	~~1.00087~~	20373
~~Mercer~~	~~1.00677~~	20374
~~Miami~~	~~1.01370~~	20375
~~Monroe~~	~~1.00167~~	20376
~~Montgomery~~	~~1.01510~~	20377
~~Morgan~~	~~1.00297~~	20378
~~Morrow~~	~~1.01003~~	20379
~~Muskingum~~	~~1.00423~~	20380
~~Noble~~	~~1.00243~~	20381
~~Ottawa~~	~~1.01620~~	20382
~~Paulding~~	~~1.00383~~	20383
~~Perry~~	~~1.00533~~	20384
~~Pickaway~~	~~1.01303~~	20385
~~Pike~~	~~1.00343~~	20386
~~Portage~~	~~1.01573~~	20387
~~Preble~~	~~1.01473~~	20388
~~Putnam~~	~~1.00720~~	20389
~~Richland~~	~~1.00663~~	20390
~~Ross~~	~~1.00503~~	20391
~~Sandusky~~	~~1.01070~~	20392
~~Scioto~~	~~1.00040~~	20393
~~Seneca~~	~~1.00743~~	20394
~~Shelby~~	~~1.00927~~	20395
~~Stark~~	~~1.00850~~	20396
~~Summit~~	~~1.01807~~	20397
~~Trumbull~~	~~1.01170~~	20398
~~Tuscarawas~~	~~1.00297~~	20399
~~Union~~	~~1.01667~~	20400
~~Van Wert~~	~~1.00443~~	20401
~~Vinton~~	~~1.00317~~	20402
~~Warren~~	~~1.02193~~	20403
~~Washington~~	~~1.00200~~	20404
~~Wayne~~	~~1.01160~~	20405
~~Williams~~	~~1.00760~~	20406
~~Wood~~	~~1.01200~~	20407
~~Wyandot~~	~~1.00570~~	20408

~~(O)~~ "Tax exempt value" of a school district means the amount	20409
certified for a school district under division (A)(4) of section	20410
3317.021 of the Revised Code.	20411

~~(P)~~(O) "Potential value" of a school district means the	20412
recognized valuation of a school district plus the tax exempt	20413
value of the district.	20414

~~(Q)~~(P) "District median income" means the median Ohio	20415
adjusted gross income certified for a school district. On or	20416
before the first day of July of each year, the tax commissioner	20417
shall certify to the department of education and the office of	20418
budget and management for each city, exempted village, and local	20419
school district the median Ohio adjusted gross income of the	20420
residents of the school district determined on the basis of tax	20421
returns filed for the second preceding tax year by the residents	20422
of the district.	20423

~~(R)~~(Q) "Statewide median income" means the median district	20424
median income of all city, exempted village, and local school	20425
districts in the state.	20426

~~(S)~~(R) "Income factor" for a city, exempted village, or local	20427
school district means the quotient obtained by dividing that	20428
district's median income by the statewide median income.	20429

~~(T)~~(S) "Medically fragile child" means a child to whom all of	20430
the following apply:	20431

(1) The child requires the services of a doctor of medicine	20432
or osteopathic medicine at least once a week due to the	20433
instability of the child's medical condition.	20434

(2) The child requires the services of a registered nurse on	20435
a daily basis.	20436

(3) The child is at risk of institutionalization in a	20437
hospital, skilled nursing facility, or intermediate care facility	20438
for the mentally retarded.	20439

~~(U)~~(T) A child may be identified as "other health	20440
handicapped-major" if the child's condition meets the definition	20441
of "other health impaired" established in rules adopted by the	20442
state board of education prior to July 1, 2001, and if either of	20443
the following apply:	20444

(1) The child is identified as having a medical condition	20445
that is among those listed by the superintendent of public	20446
instruction as conditions where a substantial majority of cases	20447
fall within the definition of "medically fragile child." The	20448
superintendent of public instruction shall issue an initial list	20449
no later than September 1, 2001.	20450

(2) The child is determined by the superintendent of public	20451
instruction to be a medically fragile child. A school district	20452
superintendent may petition the superintendent of public	20453
instruction for a determination that a child is a medically	20454
fragile child.	20455

~~(V)~~(U) A child may be identified as "other health	20456
handicapped-minor" if the child's condition meets the definition	20457
of "other health impaired" established in rules adopted by the	20458
state board of education prior to July 1, 2001, but the child's	20459
condition does not meet either of the conditions specified in	20460
division ~~(U)~~(T)(1) or (2) of this section.	20461

~~(W) "SF-3 payment" means the sum of the payments to a school~~	20462
~~district in a fiscal year under divisions (A), (C)(1), (C)(4),~~	20463
~~(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)~~	20464
~~of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,~~	20465
~~3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after~~	20466
~~making the adjustments required by sections 3313.981 and 3313.979~~	20467
~~of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M),~~	20468
~~(N), and (O) of section 3317.023, and division (C) of section~~	20469
~~3317.20~~(V) "State education aid" has the same meaning as in	20470
section 5751.20 of the Revised Code.	20471

~~(X)~~(W) "Property exemption value" means zero in fiscal year	20472
2006, and in fiscal year 2007 and each fiscal year thereafter, the	20473
amount certified for a school district under divisions (A)(6) and	20474
(7) of section 3317.021 of the Revised Code.	20475

(X) "Internet- or computer-based community school" has the	20476
same meaning as in section 3314.02 of the Revised Code.	20477

Sec. 3317.021. (A) On or before the first day of June of	20478
each year, the tax commissioner shall certify to the department of	20479
education and the office of budget and management the information	20480
described in divisions (A)(1) to (8) of this section for each	20481
city, exempted village, and local school district, and the	20482
information required by divisions (A)(1) and (2) of this section	20483
for each joint vocational school district, and it shall be used,	20484
along with the information certified under division (B) of this	20485
section, in making the computations for the district under	20486
sections 3317.022, 3317.0216, and 3317.0217 or section 3317.16 of	20487
the Revised Code.	20488

(1) The taxable value of real and public utility real	20489
property in the school district subject to taxation in the	20490
preceding tax year, by class and by county of location.	20491

(2) The taxable value of tangible personal property,	20492
including public utility personal property, subject to taxation by	20493
the district for the preceding tax year.	20494

(3)(a) The total property tax rate and total taxes charged	20495
and payable for the current expenses for the preceding tax year	20496
and the total property tax rate and the total taxes charged and	20497
payable to a joint vocational district for the preceding tax year	20498
that are limited to or to the extent apportioned to current	20499
expenses.	20500

(b) The portion of the amount of taxes charged and payable	20501
reported for each city, local, and exempted village school	20502
district under division (A)(3)(a) of this section attributable to	20503
a joint vocational school district.	20504

(4) The value of all real and public utility real property in	20505
the school district exempted from taxation minus both of the	20506
following:	20507

(a) The value of real and public utility real property in the	20508
district owned by the United States government and used	20509
exclusively for a public purpose;	20510

(b) The value of real and public utility real property in the	20511
district exempted from taxation under Chapter 725. or 1728. or	20512
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	20513
5709.73, or 5709.78 of the Revised Code.	20514

(5) The total federal adjusted gross income of the residents	20515
of the school district, based on tax returns filed by the	20516
residents of the district, for the most recent year for which this	20517
information is available.	20518

(6) The sum of the school district compensation value as	20519
indicated on the list of exempted property for the preceding tax	20520
year under section 5713.08 of the Revised Code as if such property	20521
had been assessed for taxation that year and the other	20522
compensation value for the school district, minus the amounts	20523
described in divisions (A)(6)(c) to (i) of this section. The	20524
portion of school district compensation value or other	20525
compensation value attributable to an incentive district exemption	20526
may be subtracted only once even if that incentive district	20527
satisfies more than one of the criteria in divisions (A)(6)(c) to	20528
(i) of this section.	20529

(a) "School district compensation value" means the aggregate	20530
value of real property in the school district exempted from	20531
taxation pursuant to an ordinance or resolution adopted under	20532
division (C) of section 5709.40, division (C) of section 5709.73,	20533
or division (B) of section 5709.78 of the Revised Code to the	20534
extent that the exempted value results in the charging of payments	20535
in lieu of taxes required to be paid to the school district under	20536
division (D)(1) or (2) of section 5709.40, division (D) of section	20537
5709.73, or division (C) of section 5709.78 of the Revised Code.	20538

(b) "Other compensation value" means the quotient that	20539
results from dividing (i) the dollar value of compensation	20540
received by the school district during the preceding tax year	20541
pursuant to division (B), (C), or (D) of section 5709.82 of the	20542
Revised Code and the amounts received pursuant to an agreement as	20543
specified in division (D)(2) of section 5709.40, division (D) of	20544
section 5709.73, or division (C) of section 5709.78 of the Revised	20545
Code to the extent those amounts were not previously reported or	20546
included in division (A)(6)(a) of this section, and so that any	20547
such amount is reported only once under division (A)(6)(b) of this	20548
section, in relation to exemptions from taxation granted pursuant	20549
to an ordinance or resolution adopted under division (C) of	20550
section 5709.40, division (C) of section 5709.73, or division (B)	20551
of section 5709.78 of the Revised Code, by (ii) the real property	20552
tax rate in effect for the preceding tax year for	20553
nonresidential/agricultural real property after making the	20554
reductions required by section 319.301 of the Revised Code.	20555

(c) The portion of school district compensation value or	20556
other compensation value that was exempted from taxation pursuant	20557
to such an ordinance or resolution for the preceding tax year, if	20558
the ordinance or resolution is adopted prior to January 1, 2006,	20559
and the legislative authority or board of township trustees or	20560
county commissioners, prior to January 1, 2006, executes a	20561
contract or agreement with a developer, whether for-profit or	20562
not-for-profit, with respect to the development of a project	20563
undertaken or to be undertaken and identified in the ordinance or	20564
resolution, and upon which parcels such project is being, or will	20565
be, undertaken;	20566

(d) The portion of school district compensation value that	20567
was exempted from taxation for the preceding tax year and for	20568
which payments in lieu of taxes for the preceding tax year were	20569
provided to the school district under division (D)(1) of section	20570
5709.40 of the Revised Code.	20571

(e) The portion of school district compensation value that	20572
was exempted from taxation for the preceding tax year pursuant to	20573
such an ordinance or resolution, if and to the extent that, on or	20574
before April 1, 2006, the fiscal officer of the municipal	20575
corporation that adopted the ordinance, or of the township or	20576
county that adopted the resolution, certifies and provides	20577
appropriate supporting documentation to the tax commissioner and	20578
the director of development that, based on hold-harmless	20579
provisions in any agreement between the school district and the	20580
legislative authority of the municipal corporation, board of	20581
township trustees, or board of county commissioners that was	20582
entered into on or before June 1, 2005, the ability or obligation	20583
of the municipal corporation, township, or county to repay bonds,	20584
notes, or other financial obligations issued or entered into prior	20585
to January 1, 2006, will be impaired, including obligations to or	20586
of any other body corporate and politic with whom the legislative	20587
authority of the municipal corporation or board of township	20588
trustees or county commissioners has entered into an agreement	20589
pertaining to the use of service payments derived from the	20590
improvements exempted;	20591

(f) The portion of school district compensation value that	20592
was exempted from taxation for the preceding tax year pursuant to	20593
such an ordinance or resolution, if the ordinance or resolution is	20594
adopted prior to January 1, 2006, in a municipal corporation with	20595
a population that exceeds one hundred thousand, as shown by the	20596
most recent federal decennial census, that includes a major	20597
employment center and that is adjacent to historically distressed	20598
neighborhoods, if the legislative authority of the municipal	20599
corporation that exempted the property prepares an economic	20600
analysis that demonstrates that all taxes generated within the	20601
incentive district accruing to the state by reason of improvements	20602
constructed within the district during its existence exceed the	20603
amount the state pays the school district under section 3317.022	20604
of the Revised Code attributable to such property exemption from	20605
the school district's recognized valuation. The analysis shall be	20606
submitted to and approved by the department of development prior	20607
to January 1, 2006, and the department shall not unreasonably	20608
withhold approval.	20609

(g) The portion of school district compensation value that	20610
was exempted from taxation for the preceding tax year under such	20611
an ordinance or resolution, if the ordinance or resolution is	20612
adopted prior to January 1, 2006, and if service payments have	20613
been pledged to be used for mixed-use riverfront entertainment	20614
development in any county with a population that exceeds six	20615
hundred thousand, as shown by the most recent federal decennial	20616
census;	20617

(h) The portion of school district compensation value that	20618
was exempted from taxation for the preceding tax year under such	20619
an ordinance or resolution, if, prior to January 1, 2006, the	20620
legislative authority of a municipal corporation, board of	20621
township trustees, or board of county commissioners has pledged	20622
service payments for a designated transportation capacity project	20623
approved by the transportation review advisory council under	20624
Chapter 5512. of the Revised Code;	20625

(i) The portion of school district compensation value that	20626
was exempted from taxation for the preceding tax year under such	20627
an ordinance or resolution if the legislative authority of a	20628
municipal corporation, board of township trustees, or board of	20629
county commissioners have, by January 1, 2006, pledged proceeds	20630
for designated transportation improvement projects that involve	20631
federal funds for which the proceeds are used to meet a local	20632
share match requirement for such funding.	20633

As used in division (A)(6) of this section, "project" has the	20634
same meaning as in section 5709.40 of the Revised Code.	20635

(7) The aggregate value of real property in the school	20636
district for which an exemption from taxation is granted by an	20637
ordinance or resolution adopted on or after January 1, 2006, under	20638
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	20639
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	20640
Code, as indicated on the list of exempted property for the	20641
preceding tax year under section 5713.08 of the Revised Code and	20642
as if such property had been assessed for taxation that year,	20643
minus the product determined by multiplying (a) the aggregate	20644
value of the real property in the school district exempted from	20645
taxation for the preceding tax year under any of the chapters or	20646
sections specified in this division, by (b) a fraction, the	20647
numerator of which is the difference between (i) the amount of	20648
anticipated revenue such school district would have received for	20649
the preceding tax year if the real property exempted from taxation	20650
had not been exempted from taxation and (ii) the aggregate amount	20651
of payments in lieu of taxes on the exempt real property for the	20652
preceding tax year and other compensation received for the	20653
preceding tax year by the school district pursuant to any	20654
agreements entered into on or after January 1, 2006, under section	20655
5709.82 of the Revised Code between the school district and the	20656
legislative authority of a political subdivision that acted under	20657
the authority of a chapter or statute specified in this division,	20658
that were entered into in relation to such exemption, and the	20659
denominator of which is the amount of anticipated revenue such	20660
school district would have received in the preceding fiscal year	20661
if the real property exempted from taxation had not been exempted.	20662

(8) For each school district receiving payments under	20663
division (B) or (C) of section 3317.0216 of the Revised Code	20664
during the current fiscal year, as included on the most recent	20665
list of such districts sent to the tax commissioner under division	20666
(F) of that section, the following:	20667

(a) The portion of the total amount of taxes charged and	20668
payable for current expenses certified under division (A)(3)(a) of	20669
this section that is attributable to each new levy approved and	20670
charged in the preceding tax year and the respective tax rate of	20671
each of those new levies;	20672

(b) The portion of the total taxes collected for current	20673
expenses under a school district income tax adopted pursuant to	20674
section 5748.03 or 5748.08 of the Revised Code, as certified under	20675
division (A)(2) of section 3317.08 of the Revised Code, that is	20676
attributable to each new school district income tax first	20677
effective in the current taxable year or in the preceding taxable	20678
year.	20679

(B) On or before the first day of May each year, the tax	20680
commissioner shall certify to the department of education and the	20681
office of budget and management the total taxable real property	20682
value of railroads and, separately, the total taxable tangible	20683
personal property value of all public utilities for the preceding	20684
tax year, by school district and by county of location.	20685

(C) If a public utility has properly and timely filed a	20686
petition for reassessment under section 5727.47 of the Revised	20687
Code with respect to an assessment issued under section 5727.23 of	20688
the Revised Code affecting taxable property apportioned by the tax	20689
commissioner to a school district, the taxable value of public	20690
utility tangible personal property included in the certification	20691
under divisions (A)(2) and (B) of this section for the school	20692
district shall include only the amount of taxable value on the	20693
basis of which the public utility paid tax for the preceding year	20694
as provided in division (B)(1) or (2) of section 5727.47 of the	20695
Revised Code.	20696

(D) If on the basis of the information certified under	20697
division (A) of this section, the department determines that any	20698
district fails in any year to meet the qualification requirement	20699
specified in division (A) of section 3317.01 of the Revised Code,	20700
the department shall immediately request the tax commissioner to	20701
determine the extent to which any school district income tax	20702
levied by the district under Chapter 5748. of the Revised Code	20703
shall be included in meeting that requirement. Within five days of	20704
receiving such a request from the department, the tax commissioner	20705
shall make the determination required by this division and report	20706
the quotient obtained under division (D)(3) of this section to the	20707
department and the office of budget and management. This quotient	20708
represents the number of mills that the department shall include	20709
in determining whether the district meets the qualification	20710
requirement of division (A) of section 3317.01 of the Revised	20711
Code.	20712

The tax commissioner shall make the determination required by	20713
this division as follows:	20714

(1) Multiply one mill times the total taxable value of the	20715
district as determined in divisions (A)(1) and (2) of this	20716
section;	20717

(2) Estimate the total amount of tax liability for the	20718
current tax year under taxes levied by Chapter 5748. of the	20719
Revised Code that are apportioned to current operating expenses of	20720
the district;	20721

(3) Divide the amount estimated under division (D)(2) of this	20722
section by the product obtained under division (D)(1) of this	20723
section.	20724

(E)(1) On or before June 1, 2006, and the first day of April	20725
of each year thereafter, the director of development shall report	20726
to the department of education ~~and~~, the tax commissioner, and the	20727
director of budget and management the total amounts of payments	20728
received by each city, local, exempted village, or joint	20729
vocational school district for the preceding tax year pursuant to	20730
division (D) of section 5709.40, division (D) of section 5709.73,	20731
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	20732
or (D) of section 5709.82 of the Revised Code in relation to	20733
exemptions from taxation granted pursuant to an ordinance adopted	20734
by the legislative authority of a municipal corporation under	20735
division (C) of section 5709.40 of the Revised Code, or a	20736
resolution adopted by a board of township trustees or board of	20737
county commissioners under division (C) of section 5709.73 or	20738
division (B) of section 5709.78 of the Revised Code, respectively.	20739
On or before April 1, 2006, and the first day of March of each	20740
year thereafter, the treasurer of each city, local, exempted	20741
village, or joint vocational school district that has entered into	20742
such an agreement shall report to the director of development the	20743
total amounts of such payments the district received for the	20744
preceding tax year as provided in this section. The state board of	20745
education, in accordance with sections 3319.31 and 3319.311 of the	20746
Revised Code, may suspend or revoke the license of a treasurer	20747
found to have willfully reported erroneous, inaccurate, or	20748
incomplete data under this division.	20749

(2) On or before April 1, 2007, and the first day of April of	20750
each year thereafter, the director of development shall report to	20751
the department of education ~~and to~~, the tax commissioner, and the	20752
director of budget and management the total amounts of payments	20753
received by each city, local, exempted village, or joint	20754
vocational school district for the preceding tax year pursuant to	20755
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	20756
in relation to exemptions from taxation granted pursuant to	20757
ordinances or resolutions adopted on or after January 1, 2006,	20758
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	20759
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	20760
Revised Code. On or before March 1, 2007, and the first day of	20761
March of each year thereafter, the treasurer of each city, local,	20762
exempted village, or joint vocational school district that has	20763
entered into such an agreement shall report to the director of	20764
development the total amounts of such payments the district	20765
received for the preceding tax year as provided by this section.	20766
The state board of education, in accordance with sections 3319.31	20767
and 3319.311 of the Revised Code, may suspend or revoke the	20768
license of a treasurer found to have willfully reported erroneous,	20769
inaccurate, or incomplete data under this division.	20770

Sec. 3317.022. (A)(1) The department of education shall	20771
compute and distribute state base cost funding to each eligible	20772
school district for the fiscal year, using the information	20773
obtained under section 3317.021 of the Revised Code in the	20774
calendar year in which the fiscal year begins.	20775

~~(1) Compute~~, according to the following ~~for each eligible~~	20776
~~district~~formula:	20777

{[~~cost-of-doing-business factor X~~

20778

the formula amount X (formula ADM +

20779

preschool scholarship ADM)] +

20780

the sum of the base funding supplements

20781

prescribed in divisions (C)(1) to (4)

20782

of section 3317.012 of the Revised Code} -

20783

[.023 x (the sum of recognized valuation

20784

and property exemption value)] +

20785

the amounts calculated for the district under

20786

sections 3317.029 and 3317.0217 of the Revised Code

20787

If the difference obtained is a negative number, the	20788
district's computation shall be zero.	20789

(2) ~~Compute both of the following for each school district:~~

20790

~~(a) The difference of (i) the district's fiscal year 2005~~	20791
~~base cost payment under the version of division (A)(1) of this~~	20792
~~section in effect in fiscal year 2005, minus (ii) the amount~~	20793
~~computed for the district for the current fiscal year under~~	20794
~~current division (A)(1) of this section;~~	20795

~~(b) The following amount:~~

20796

~~[(fiscal year 2005 base cost payment/fiscal~~

20797

~~year 2005 formula ADM) X~~

20798

~~(current year formula ADM + preschool scholarship ADM)]~~

20799

~~minus the amount computed for the district~~

20800

~~under current division (A)(1) of this section~~

20801

~~If one of the amounts computed under division (A)(2)(a) or~~	20802
~~(b) of this section is a positive amount, the department shall pay~~	20803
~~the district that amount in addition to the amount calculated~~	20804
~~under division (A)(1) of this section. If both amounts are~~	20805
~~positive amounts, the department shall pay the district the lesser~~	20806
~~of the two amounts in addition to the amount calculated under~~	20807
~~division (A)(1) of this section.~~	20808

~~(3)~~(a) For each school district for which the tax exempt	20809
value of the district equals or exceeds twenty-five per cent of	20810
the potential value of the district, the department of education	20811
shall calculate the difference between the district's tax exempt	20812
value and twenty-five per cent of the district's potential value.	20813

(b) For each school district to which division (A)~~(3)~~(2)(a)	20814
of this section applies, the department shall adjust the	20815
recognized valuation used in the calculation under division (A)(1)	20816
of this section by subtracting from it the amount calculated under	20817
division (A)~~(3)~~(2)(a) of this section.	20818

(B) As used in this section:

20819

(1) The "total special education weight" for a district means	20820
the sum of the following amounts:	20821

(a) The district's category one special education ADM	20822
multiplied by the multiple specified in division (A) of section	20823
3317.013 of the Revised Code;	20824

(b) The district's category two special education ADM	20825
multiplied by the multiple specified in division (B) of section	20826
3317.013 of the Revised Code;	20827

(c) The district's category three special education ADM	20828
multiplied by the multiple specified in division (C) of section	20829
3317.013 of the Revised Code;	20830

(d) The district's category four special education ADM	20831
multiplied by the multiple specified in division (D) of section	20832
3317.013 of the Revised Code;	20833

(e) The district's category five special education ADM	20834
multiplied by the multiple specified in division (E) of section	20835
3317.013 of the Revised Code;	20836

(f) The district's category six special education ADM	20837
multiplied by the multiple specified in division (F) of section	20838
3317.013 of the Revised Code.	20839

(2) "State share percentage" means the percentage calculated	20840
for a district as follows:	20841

(a) Calculate the state base cost funding amount for the	20842
district for the fiscal year under division (A) of this section.	20843
If the district would not receive any state base cost funding for	20844
that year under that division, the district's state share	20845
percentage is zero.	20846

(b) If the district would receive state base cost funding	20847
under that division, divide that amount by an amount equal to the	20848
following:	20849

(~~Cost-of-doing-business factor X~~

20850

the formula amount X formula ADM) +

20851

the sum of the base funding supplements

20852

prescribed in divisions (C)(1) to (4)

20853

of section 3317.012 of the Revised Code +

20854

the sum of the amounts calculated for the district under

20855

sections 3317.029 and 3317.0217 of the Revised Code

20856

The resultant number is the district's state share	20857
percentage.	20858

(3) "Related services" includes:

20859

(a) Child study, special education supervisors and	20860
coordinators, speech and hearing services, adaptive physical	20861
development services, occupational or physical therapy, teacher	20862
assistants for handicapped children whose handicaps are described	20863
in division (B) of section 3317.013 or division (F)(3) of section	20864
3317.02 of the Revised Code, behavioral intervention, interpreter	20865
services, work study, nursing services, and specialized	20866
integrative services as those terms are defined by the department;	20867

(b) Speech and language services provided to any student with	20868
a handicap, including any student whose primary or only handicap	20869
is a speech and language handicap;	20870

(c) Any related service not specifically covered by other	20871
state funds but specified in federal law, including but not	20872
limited to, audiology and school psychological services;	20873

(d) Any service included in units funded under former	20874
division (O)(1) of section ~~3317.023~~3317.024 of the Revised Code;	20875

(e) Any other related service needed by handicapped children	20876
in accordance with their individualized education plans.	20877

(4) The "total vocational education weight" for a district	20878
means the sum of the following amounts:	20879

(a) The district's category one vocational education ADM	20880
multiplied by the multiple specified in division (A) of section	20881
3317.014 of the Revised Code;	20882

(b) The district's category two vocational education ADM	20883
multiplied by the multiple specified in division (B) of section	20884
3317.014 of the Revised Code.	20885

(5) "Preschool scholarship ADM" means the number of	20886
handicapped preschool children reported under division (B)(3)(h)	20887
of section 3317.03 of the Revised Code.	20888

(C)(1) The department shall compute and distribute state	20889
special education and related services additional weighted costs	20890
funds to each school district in accordance with the following	20891
formula:	20892

The district's state share percentage X

20893

the formula amount for the year for which

20894

the aid is calculated X the district's

20895

total special education weight

20896

(2) The attributed local share of special education and	20897
related services additional weighted costs equals:	20898

(1 - the district's state share percentage) X the district's

20899

total special education weight X the formula amount

20900

(3)(a) The department shall compute and pay in accordance	20901
with this division additional state aid to school districts for	20902
students in categories two through six special education ADM. If a	20903
district's costs for the fiscal year for a student in its	20904
categories two through six special education ADM exceed the	20905
threshold catastrophic cost for serving the student, the district	20906
may submit to the superintendent of public instruction	20907
documentation, as prescribed by the superintendent, of all its	20908
costs for that student. Upon submission of documentation for a	20909
student of the type and in the manner prescribed, the department	20910
shall pay to the district an amount equal to the sum of the	20911
following:	20912

(i) One-half of the district's costs for the student in	20913
excess of the threshold catastrophic cost;	20914

(ii) The product of one-half of the district's costs for the	20915
student in excess of the threshold catastrophic cost multiplied by	20916
the district's state share percentage.	20917

(b) For purposes of division (C)(3)(a) of this section, the	20918
threshold catastrophic cost for serving a student equals:	20919

(i) For a student in the school district's category two,	20920
three, four, or five special education ADM, ~~twenty-five thousand~~	20921
~~dollars in fiscal year 2002, twenty-five thousand seven hundred~~	20922
~~dollars in fiscal years 2003, 2004, and 2005, and twenty-six~~	20923
~~thousand five hundred dollars in fiscal years 2006 and 2007~~	20924
twenty-seven thousand three hundred seventy-five dollars in fiscal	20925
years 2008 and 2009;	20926

(ii) For a student in the district's category six special	20927
education ADM, ~~thirty thousand dollars in fiscal year 2002, thirty~~	20928
~~thousand eight hundred forty dollars in fiscal years 2003, 2004,~~	20929
~~and 2005, and thirty-one thousand eight hundred dollars in fiscal~~	20930
~~years 2006 and 2007~~thirty-two thousand eight hundred fifty	20931
dollars in fiscal years 2008 and 2009.	20932

(c) The district shall only report under division (C)(3)(a)	20933
of this section, and the department shall only pay for, the costs	20934
of educational expenses and the related services provided to the	20935
student in accordance with the student's individualized education	20936
program. Any legal fees, court costs, or other costs associated	20937
with any cause of action relating to the student may not be	20938
included in the amount.	20939

(4)(a) As used in this division, the "personnel allowance"	20940
means thirty thousand dollars in fiscal years ~~2002, 2003, 2004,~~	20941
~~2005, 2006, and 2007~~2008 and 2009.	20942

(b) For the provision of speech language pathology services	20943
to students, including students who do not have individualized	20944
education programs prepared for them under Chapter 3323. of the	20945
Revised Code, and for no other purpose, the department of	20946
education shall pay each school district an amount calculated	20947
under the following formula:	20948

(formula ADM divided by 2000) X

20949

the personnel allowance X

20950

the state share percentage

20951

(5) In any fiscal year, a school district shall spend for	20952
purposes that the department designates as approved for special	20953
education and related services expenses at least the amount	20954
calculated as follows:	20955

(~~cost-of-doing-business factor X~~

20956

formula amount X the sum of categories

20957

one through six special education ADM) +

20958

(total special education weight X formula amount)

20959

The purposes approved by the department for special education	20960
expenses shall include, but shall not be limited to,	20961
identification of handicapped children, compliance with state	20962
rules governing the education of handicapped children and	20963
prescribing the continuum of program options for handicapped	20964
children, provision of speech language pathology services, and the	20965
portion of the school district's overall administrative and	20966
overhead costs that are attributable to the district's special	20967
education student population.	20968

The scholarships deducted from the school district's account	20969
under section 3310.41 of the Revised Code shall be considered to	20970
be an approved special education and related services expense for	20971
the purpose of the school district's compliance with division	20972
(C)(5) of this section.	20973

The department shall require school districts to report data	20974
annually to allow for monitoring compliance with division (C)(5)	20975
of this section. The department shall annually report to the	20976
governor and the general assembly the amount of money spent by	20977
each school district for special education and related services.	20978

(6) In any fiscal year, a school district shall spend for the	20979
provision of speech language pathology services not less than the	20980
sum of the amount calculated under division (C)(1) of this section	20981
for the students in the district's category one special education	20982
ADM and the amount calculated under division (C)(4) of this	20983
section.	20984

(D)(1) As used in this division:

20985

(a) "Daily bus miles per student" equals the number of bus	20986
miles traveled per day, divided by transportation base.	20987

(b) "Transportation base" equals total student count as	20988
defined in section 3301.011 of the Revised Code, minus the number	20989
of students enrolled in preschool handicapped units, plus the	20990
number of nonpublic school students included in transportation	20991
ADM.	20992

(c) "Transported student percentage" equals transportation	20993
ADM divided by transportation base.	20994

(d) "Transportation cost per student" equals total operating	20995
costs for board-owned or contractor-operated school buses divided	20996
by transportation base.	20997

(2) Analysis of student transportation cost data has resulted	20998
in a finding that an average efficient transportation use cost per	20999
student can be calculated by means of a regression formula that	21000
has as its two independent variables the number of daily bus miles	21001
per student and the transported student percentage. For fiscal	21002
year 1998 transportation cost data, the average efficient	21003
transportation use cost per student is expressed as follows:	21004

51.79027 + (139.62626 X daily bus miles per student) +

21005

(116.25573 X transported student percentage)

21006

The department of education shall annually determine the	21007
average efficient transportation use cost per student in	21008
accordance with the principles stated in division (D)(2) of this	21009
section, updating the intercept and regression coefficients of the	21010
regression formula modeled in this division, based on an annual	21011
statewide analysis of each school district's daily bus miles per	21012
student, transported student percentage, and transportation cost	21013
per student data. The department shall conduct the annual update	21014
using data, including daily bus miles per student, transported	21015
student percentage, and transportation cost per student data, from	21016
the prior fiscal year. The department shall notify the office of	21017
budget and management of such update by the fifteenth day of	21018
February of each year.	21019

(3) In addition to funds paid under divisions (A), (C), and	21020
(E) of this section, each district with a transported student	21021
percentage greater than zero shall receive a payment equal to a	21022
percentage of the product of the district's transportation base	21023
from the prior fiscal year times the annually updated average	21024
efficient transportation use cost per student, times an inflation	21025
factor of two and eight tenths per cent to account for the	21026
one-year difference between the data used in updating the formula	21027
and calculating the payment and the year in which the payment is	21028
made. The percentage shall be the following percentage of that	21029
product specified for the corresponding fiscal year:	21030

FISCAL YEAR	PERCENTAGE	21031
2000	52.5%	21032
2001	55%	21033
2002	57.5%	21034
2003 and thereafter	The greater of 60% or the district's state share percentage	21035

The payments made under division (D)(3) of this section each	21036
year shall be calculated based on all of the same prior year's	21037
data used to update the formula.	21038

(4) In addition to funds paid under divisions (D)(2) and (3)	21039
of this section, a school district shall receive a rough road	21040
subsidy if both of the following apply:	21041

(a) Its county rough road percentage is higher than the	21042
statewide rough road percentage, as those terms are defined in	21043
division (D)(5) of this section;	21044

(b) Its district student density is lower than the statewide	21045
student density, as those terms are defined in that division.	21046

(5) The rough road subsidy paid to each district meeting the	21047
qualifications of division (D)(4) of this section shall be	21048
calculated in accordance with the following formula:	21049

(per rough mile subsidy X total rough road miles)

21050

X density multiplier

21051

where:

21052

(a) "Per rough mile subsidy" equals the amount calculated in	21053
accordance with the following formula:	21054

0.75 - {0.75 X [(maximum rough road percentage -

21055

county rough road percentage)/(maximum rough road

21056

percentage - statewide rough road percentage)]}

21057

(i) "Maximum rough road percentage" means the highest county	21058
rough road percentage in the state.	21059

(ii) "County rough road percentage" equals the percentage of	21060
the mileage of state, municipal, county, and township roads that	21061
is rated by the department of transportation as type A, B, C, E2,	21062
or F in the county in which the school district is located or, if	21063
the district is located in more than one county, the county to	21064
which it is assigned for purposes of determining its	21065
cost-of-doing-business factor.	21066

(iii) "Statewide rough road percentage" means the percentage	21067
of the statewide total mileage of state, municipal, county, and	21068
township roads that is rated as type A, B, C, E2, or F by the	21069
department of transportation.	21070

(b) "Total rough road miles" means a school district's total	21071
bus miles traveled in one year times its county rough road	21072
percentage.	21073

(c) "Density multiplier" means a figure calculated in	21074
accordance with the following formula:	21075

1 - [(minimum student density - district student

21076

density)/(minimum student density -

21077

statewide student density)]

21078

(i) "Minimum student density" means the lowest district	21079
student density in the state.	21080

(ii) "District student density" means a school district's	21081
transportation base divided by the number of square miles in the	21082
district.	21083

(iii) "Statewide student density" means the sum of the	21084
transportation bases for all school districts divided by the sum	21085
of the square miles in all school districts.	21086

(6) In addition to funds paid under divisions (D)(2) to (5)	21087
of this section, each district shall receive in accordance with	21088
rules adopted by the state board of education a payment for	21089
students transported by means other than board-owned or	21090
contractor-operated buses and whose transportation is not funded	21091
under division (G) of section 3317.024 of the Revised Code. The	21092
rules shall include provisions for school district reporting of	21093
such students.	21094

(E)(1) The department shall compute and distribute state	21095
vocational education additional weighted costs funds to each	21096
school district in accordance with the following formula:	21097

state share percentage X

21098

the formula amount X

21099

total vocational education weight

21100

In any fiscal year, a school district receiving funds under	21101
division (E)(1) of this section shall spend those funds only for	21102
the purposes that the department designates as approved for	21103
vocational education expenses. Vocational educational expenses	21104
approved by the department shall include only expenses connected	21105
to the delivery of career-technical programming to	21106
career-technical students. The department shall require the school	21107
district to report data annually so that the department may	21108
monitor the district's compliance with the requirements regarding	21109
the manner in which funding received under division (E)(1) of this	21110
section may be spent.	21111

(2) The department shall compute for each school district	21112
state funds for vocational education associated services in	21113
accordance with the following formula:	21114

state share percentage X .05 X the formula amount X

21115

the sum of categories one and two vocational education ADM

21116

In any fiscal year, a school district receiving funds under	21117
division (E)(2) of this section, or through a transfer of funds	21118
pursuant to division (L) of section 3317.023 of the Revised Code,	21119
shall spend those funds only for the purposes that the department	21120
designates as approved for vocational education associated	21121
services expenses, which may include such purposes as	21122
apprenticeship coordinators, coordinators for other vocational	21123
education services, vocational evaluation, and other purposes	21124
designated by the department. The department may deny payment	21125
under division (E)(2) of this section to any district that the	21126
department determines is not operating those services or is using	21127
funds paid under division (E)(2) of this section, or through a	21128
transfer of funds pursuant to division (L) of section 3317.023 of	21129
the Revised Code, for other purposes.	21130

(F) The actual local share in any fiscal year for the	21131
combination of special education and related services additional	21132
weighted costs funding calculated under division (C)(1) of this	21133
section, transportation funding calculated under divisions (D)(2)	21134
and (3) of this section, and vocational education and associated	21135
services additional weighted costs funding calculated under	21136
divisions (E)(1) and (2) of this section shall not exceed for any	21137
school district the product of three and three-tenths mills times	21138
the district's recognized valuation. The department annually shall	21139
pay each school district as an excess cost supplement any amount	21140
by which the sum of the district's attributed local shares for	21141
that funding exceeds that product. For purposes of calculating the	21142
excess cost supplement:	21143

(1) The attributed local share for special education and	21144
related services additional weighted costs funding is the amount	21145
specified in division (C)(2) of this section.	21146

(2) The attributed local share of transportation funding	21147
equals the difference of the total amount calculated for the	21148
district using the formula developed under division (D)(2) of this	21149
section minus the actual amount paid to the district after	21150
applying the percentage specified in division (D)(3) of this	21151
section.	21152

(3) The attributed local share of vocational education and	21153
associated services additional weighted costs funding is the	21154
amount determined as follows:	21155

(1 - state share percentage) X

21156

[(total vocational education weight X

21157

the formula amount) + the payment under

21158

division (E)(2) of this section]

21159

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	21160
Revised Code, the amounts required to be paid to a district under	21161
this chapter shall be adjusted by the amount of the computations	21162
made under divisions (B) to ~~(O)~~(P) of this section.	21163

As used in this section:

21164

(1) "Classroom teacher" means a licensed employee who	21165
provides direct instruction to pupils, excluding teachers funded	21166
from money paid to the district from federal sources; educational	21167
service personnel; and vocational and special education teachers.	21168

(2) "Educational service personnel" shall not include such	21169
specialists funded from money paid to the district from federal	21170
sources or assigned full-time to vocational or special education	21171
students and classes and may only include those persons employed	21172
in the eight specialist areas in a pattern approved by the	21173
department of education under guidelines established by the state	21174
board of education.	21175

(3) "Annual salary" means the annual base salary stated in	21176
the state minimum salary schedule for the performance of the	21177
teacher's regular teaching duties that the teacher earns for	21178
services rendered for the first full week of October of the fiscal	21179
year for which the adjustment is made under division (C) of this	21180
section. It shall not include any salary payments for supplemental	21181
teachers contracts.	21182

(4) "Regular student population" means the formula ADM plus	21183
the number of students reported as enrolled in the district	21184
pursuant to division (A)(1) of section 3313.981 of the Revised	21185
Code; minus the number of students reported under division (A)(2)	21186
of section 3317.03 of the Revised Code; minus the FTE of students	21187
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	21188
of that section who are enrolled in a vocational education class	21189
or receiving special education; and minus twenty per cent of the	21190
students enrolled concurrently in a joint vocational school	21191
district.	21192

(5) "State share percentage" has the same meaning as in	21193
section 3317.022 of the Revised Code.	21194

(6) "VEPD" means a school district or group of school	21195
districts designated by the department of education as being	21196
responsible for the planning for and provision of vocational	21197
education services to students within the district or group.	21198

(7) "Lead district" means a school district, including a	21199
joint vocational school district, designated by the department as	21200
a VEPD, or designated to provide primary vocational education	21201
leadership within a VEPD composed of a group of districts.	21202

(B) If the district employs less than one full-time	21203
equivalent classroom teacher for each twenty-five pupils in the	21204
regular student population in any school district, deduct the sum	21205
of the amounts obtained from the following computations:	21206

(1) Divide the number of the district's full-time equivalent	21207
classroom teachers employed by one twenty-fifth;	21208

(2) Subtract the quotient in (1) from the district's regular	21209
student population;	21210

(3) Multiply the difference in (2) by seven hundred fifty-two	21211
dollars.	21212

(C) If a positive amount, add one-half of the amount obtained	21213
by multiplying the number of full-time equivalent classroom	21214
teachers by:	21215

(1) The mean annual salary of all full-time equivalent	21216
classroom teachers employed by the district at their respective	21217
training and experience levels minus;	21218

(2) The mean annual salary of all such teachers at their	21219
respective levels in all school districts receiving payments under	21220
this section.	21221

The number of full-time equivalent classroom teachers used in	21222
this computation shall not exceed one twenty-fifth of the	21223
district's regular student population. In calculating the	21224
district's mean salary under this division, those full-time	21225
equivalent classroom teachers with the highest training level	21226
shall be counted first, those with the next highest training level	21227
second, and so on, in descending order. Within the respective	21228
training levels, teachers with the highest years of service shall	21229
be counted first, the next highest years of service second, and so	21230
on, in descending order.	21231

(D) This division does not apply to a school district that	21232
has entered into an agreement under division (A) of section	21233
3313.42 of the Revised Code. Deduct the amount obtained from the	21234
following computations if the district employs fewer than five	21235
full-time equivalent educational service personnel, including	21236
elementary school art, music, and physical education teachers,	21237
counselors, librarians, visiting teachers, school social workers,	21238
and school nurses for each one thousand pupils in the regular	21239
student population:	21240

(1) Divide the number of full-time equivalent educational	21241
service personnel employed by the district by five	21242
one-thousandths;	21243

(2) Subtract the quotient in (1) from the district's regular	21244
student population;	21245

(3) Multiply the difference in (2) by ninety-four dollars.

21246

(E) If a local school district, or a city or exempted village	21247
school district to which a governing board of an educational	21248
service center provides services pursuant to section 3313.843 of	21249
the Revised Code, deduct the amount of the payment required for	21250
the reimbursement of the governing board under section 3317.11 of	21251
the Revised Code.	21252

(F)(1) If the district is required to pay to or entitled to	21253
receive tuition from another school district under division (C)(2)	21254
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	21255
or if the superintendent of public instruction is required to	21256
determine the correct amount of tuition and make a deduction or	21257
credit under section 3317.08 of the Revised Code, deduct and	21258
credit such amounts as provided in division (J) of section 3313.64	21259
or section 3317.08 of the Revised Code.	21260

(2) For each child for whom the district is responsible for	21261
tuition or payment under division (A)(1) of section 3317.082 or	21262
section 3323.091 of the Revised Code, deduct the amount of tuition	21263
or payment for which the district is responsible.	21264

(G) If the district has been certified by the superintendent	21265
of public instruction under section 3313.90 of the Revised Code as	21266
not in compliance with the requirements of that section, deduct an	21267
amount equal to ten per cent of the amount computed for the	21268
district under section 3317.022 of the Revised Code.	21269

(H) If the district has received a loan from a commercial	21270
lending institution for which payments are made by the	21271
superintendent of public instruction pursuant to division (E)(3)	21272
of section 3313.483 of the Revised Code, deduct an amount equal to	21273
such payments.	21274

(I)(1) If the district is a party to an agreement entered	21275
into under division (D), (E), or (F) of section 3311.06 or	21276
division (B) of section 3311.24 of the Revised Code and is	21277
obligated to make payments to another district under such an	21278
agreement, deduct an amount equal to such payments if the district	21279
school board notifies the department in writing that it wishes to	21280
have such payments deducted.	21281

(2) If the district is entitled to receive payments from	21282
another district that has notified the department to deduct such	21283
payments under division (I)(1) of this section, add the amount of	21284
such payments.	21285

(J) If the district is required to pay an amount of funds to	21286
a cooperative education district pursuant to a provision described	21287
by division (B)(4) of section 3311.52 or division (B)(8) of	21288
section 3311.521 of the Revised Code, deduct such amounts as	21289
provided under that provision and credit those amounts to the	21290
cooperative education district for payment to the district under	21291
division (B)(1) of section 3317.19 of the Revised Code.	21292

(K)(1) If a district is educating a student entitled to	21293
attend school in another district pursuant to a shared education	21294
contract, compact, or cooperative education agreement other than	21295
an agreement entered into pursuant to section 3313.842 of the	21296
Revised Code, credit to that educating district on an FTE basis	21297
both of the following:	21298

(a) An amount equal to the ~~greater of the following:~~

21299

~~(i) The fiscal year 2005 formula amount times the fiscal year~~	21300
~~2005 cost of doing business factor of the school district where~~	21301
~~the student is entitled to attend school pursuant to section~~	21302
~~3313.64 or 3313.65 of the Revised Code;~~	21303

~~(ii) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	21304
~~cost-of-doing-business factor of the school district when the~~	21305
~~student is entitled to attend school pursuant to section 3313.64~~	21306
~~or 3313.65 of the Revised Code)~~ plus the per pupil amount of the	21307
base funding supplements specified in divisions (C)(1) to (4) of	21308
section 3317.012 of the Revised Code.	21309

(b) An amount equal to the current formula amount times the	21310
state share percentage times any multiple applicable to the	21311
student pursuant to section 3317.013 or 3317.014 of the Revised	21312
Code.	21313

(2) Deduct any amount credited pursuant to division (K)(1) of	21314
this section from amounts paid to the school district in which the	21315
student is entitled to attend school pursuant to section 3313.64	21316
or 3313.65 of the Revised Code.	21317

(3) If the district is required by a shared education	21318
contract, compact, or cooperative education agreement to make	21319
payments to an educational service center, deduct the amounts from	21320
payments to the district and add them to the amounts paid to the	21321
service center pursuant to section 3317.11 of the Revised Code.	21322

(L)(1) If a district, including a joint vocational school	21323
district, is a lead district of a VEPD, credit to that district	21324
the amounts calculated for all the school districts within that	21325
VEPD pursuant to division (E)(2) of section 3317.022 of the	21326
Revised Code.	21327

(2) Deduct from each appropriate district that is not a lead	21328
district, the amount attributable to that district that is	21329
credited to a lead district under division (L)(1) of this section.	21330

(M) If the department pays a joint vocational school district	21331
under division (G)(4) of section 3317.16 of the Revised Code for	21332
excess costs of providing special education and related services	21333
to a handicapped student, as calculated under division (G)(2) of	21334
that section, the department shall deduct the amount of that	21335
payment from the city, local, or exempted village school district	21336
that is responsible as specified in that section for the excess	21337
costs.	21338

(N)(1) If the district reports an amount of excess cost for	21339
special education services for a child under division (C) of	21340
section 3323.14 of the Revised Code, the department shall pay that	21341
amount to the district.	21342

(2) If the district reports an amount of excess cost for	21343
special education services for a child under division (C) of	21344
section 3323.14 of the Revised Code, the department shall deduct	21345
that amount from the district of residence of that child.	21346

(O) If the department of job and family services presents to	21347
the department of education a payment request through an	21348
intrastate transfer voucher for the nonfederal share of	21349
reimbursements made to a school district for medicaid services	21350
provided by the district, the department of education shall pay	21351
the amount of that request to the department of job and family	21352
services and shall deduct the amount of that payment from the	21353
district.	21354

(P) If the department is required to pay an amount under	21355
section 3353.25 of the Revised Code to a school district	21356
delivering a course included in the clearinghouse established	21357
under section 3353.21 of the Revised Code for a student enrolled	21358
in a school district, the department shall deduct that amount from	21359
the school district in which the student is enrolled.	21360

Sec. 3317.024. In addition to the moneys paid to eligible	21361
school districts pursuant to section 3317.022 of the Revised Code,	21362
moneys appropriated for the education programs in divisions (A) to	21363
(I), (K), (L), and (N) of this section shall be distributed to	21364
school districts meeting the requirements of section 3317.01 of	21365
the Revised Code; in the case of divisions (G) and (L) of this	21366
section, to educational service centers as provided in section	21367
3317.11 of the Revised Code; in the case of divisions (D) and (J)	21368
of this section, to county MR/DD boards; in the case of division	21369
(N) of this section, to joint vocational school districts; in the	21370
case of division (H) of this section, to cooperative education	21371
school districts; and in the case of division (M) of this section,	21372
to the institutions defined under section 3317.082 of the Revised	21373
Code providing elementary or secondary education programs to	21374
children other than children receiving special education under	21375
section 3323.091 of the Revised Code. The following shall be	21376
distributed monthly, quarterly, or annually as may be determined	21377
by the state board of education:	21378

(A) An amount for each island school district and each joint	21379
state school district for the operation of each high school and	21380
each elementary school maintained within such district and for	21381
capital improvements for such schools. Such amounts shall be	21382
determined on the basis of standards adopted by the state board of	21383
education.	21384

(B) An amount for each school district operating classes for	21385
children of migrant workers who are unable to be in attendance in	21386
an Ohio school during the entire regular school year. The amounts	21387
shall be determined on the basis of standards adopted by the state	21388
board of education, except that payment shall be made only for	21389
subjects regularly offered by the school district providing the	21390
classes.	21391

(C) An amount for each school district with guidance,	21392
testing, and counseling programs approved by the state board of	21393
education. The amount shall be determined on the basis of	21394
standards adopted by the state board of education.	21395

(D) An amount for the emergency purchase of school buses as	21396
provided for in section 3317.07 of the Revised Code;	21397

(E) An amount for each school district required to pay	21398
tuition for a child in an institution maintained by the department	21399
of youth services pursuant to section 3317.082 of the Revised	21400
Code, provided the child was not included in the calculation of	21401
the district's average daily membership for the preceding school	21402
year.	21403

(F) An amount for adult basic literacy education for each	21404
district participating in programs approved by the state board of	21405
education. The amount shall be determined on the basis of	21406
standards adopted by the state board of education.	21407

(G) An amount for the approved cost of transporting eligible	21408
pupils with disabilities attending a special education program	21409
approved by the department of education whom it is impossible or	21410
impractical to transport by regular school bus in the course of	21411
regular route transportation provided by the district or service	21412
center. No district or service center is eligible to receive a	21413
payment under this division for the cost of transporting any pupil	21414
whom it transports by regular school bus and who is included in	21415
the district's transportation ADM. The state board of education	21416
shall establish standards and guidelines for use by the department	21417
of education in determining the approved cost of such	21418
transportation for each district or service center.	21419

(H) An amount to each school district, including each	21420
cooperative education school district, pursuant to section 3313.81	21421
of the Revised Code to assist in providing free lunches to needy	21422
children and an amount to assist needy school districts in	21423
purchasing necessary equipment for food preparation. The amounts	21424
shall be determined on the basis of rules adopted by the state	21425
board of education.	21426

(I) An amount to each school district, for each pupil	21427
attending a chartered nonpublic elementary or high school within	21428
the district. The amount shall equal the amount appropriated for	21429
the implementation of section 3317.06 of the Revised Code divided	21430
by the average daily membership in grades kindergarten through	21431
twelve in nonpublic elementary and high schools within the state	21432
as determined during the first full week in October of each school	21433
year.	21434

(J) An amount for each county MR/DD board, distributed on the	21435
basis of standards adopted by the state board of education, for	21436
the approved cost of transportation required for children	21437
attending special education programs operated by the county MR/DD	21438
board under section 3323.09 of the Revised Code;	21439

(K) An amount for each school district that establishes a	21440
mentor teacher program that complies with rules of the state board	21441
of education. No school district shall be required to establish or	21442
maintain such a program in any year unless sufficient funds are	21443
appropriated to cover the district's total costs for the program.	21444

(L) An amount to each school district or educational service	21445
center for the total number of gifted units approved pursuant to	21446
section 3317.05 of the Revised Code. The amount for each such unit	21447
shall be the sum of the minimum salary for the teacher of the	21448
unit, calculated on the basis of the teacher's training level and	21449
years of experience pursuant to the salary schedule prescribed in	21450
the version of section 3317.13 of the Revised Code in effect prior	21451
to July 1, 2001, plus fifteen per cent of that minimum salary	21452
amount, plus two thousand six hundred seventy-eight dollars.	21453

(M) An amount to each institution defined under section	21454
3317.082 of the Revised Code providing elementary or secondary	21455
education to children other than children receiving special	21456
education under section 3323.091 of the Revised Code. This amount	21457
for any institution in any fiscal year shall equal the total of	21458
all tuition amounts required to be paid to the institution under	21459
division (A)(1) of section 3317.082 of the Revised Code.	21460

(N) A grant to each school district and joint vocational	21461
school district that operates a "graduation, reality, and	21462
dual-role skills" (GRADS) program for pregnant and parenting	21463
students that is approved by the department. The amount of the	21464
payment shall be the district's state share percentage, as defined	21465
in section 3317.022 or 3317.16 of the Revised Code, times the	21466
GRADS personnel allowance times the full-time-equivalent number of	21467
GRADS teachers approved by the department. The GRADS personnel	21468
allowance is $47,555 in fiscal years ~~2004, 2005, 2006, and 2007~~	21469
2008 and 2009.	21470

The state board of education or any other board of education	21471
or governing board may provide for any resident of a district or	21472
educational service center territory any educational service for	21473
which funds are made available to the board by the United States	21474
under the authority of public law, whether such funds come	21475
directly or indirectly from the United States or any agency or	21476
department thereof or through the state or any agency, department,	21477
or political subdivision thereof.	21478

Sec. 3317.025. On or before the first day of June of each	21479
year, the tax commissioner shall certify the following information	21480
to the department of education and the office of budget and	21481
management, for each school district in which the value of the	21482
property described under division (A) of this section exceeds one	21483
per cent of the taxable value of all real and tangible personal	21484
property in the district or in which is located tangible personal	21485
property designed for use or used in strip mining operations,	21486
whose taxable value exceeds five million dollars, and the taxes	21487
upon which the district is precluded from collecting by virtue of	21488
legal proceedings to determine the value of such property:	21489

(A) The total taxable value of all property in the district	21490
owned by a public utility or railroad that has filed a petition	21491
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	21492
(1898), 11 U.S.C. 205, as amended, and all tangible personal	21493
property in the district designed for use or used in strip mining	21494
operations whose taxable value exceeds five million dollars upon	21495
which have not been paid in full on or before the first day of	21496
April of that calendar year all real and tangible personal	21497
property taxes levied for the preceding calendar year and which	21498
the district was precluded from collecting by virtue of	21499
proceedings under section 205 of said act or by virtue of legal	21500
proceedings to determine the tax liability of such strip mining	21501
equipment;	21502

(B) The percentage of the total operating taxes charged and	21503
payable for school district purposes levied against such valuation	21504
for the preceding calendar year that have not been paid by such	21505
date;	21506

(C) The product obtained by multiplying the value certified	21507
under division (A) of this section by the percentage certified	21508
under division (B) of this section. If the value certified under	21509
division (A) of this section includes taxable property owned by a	21510
public utility or railroad that has filed a petition for	21511
reorganization under the bankruptcy act, the amount used in making	21512
the calculation under this division shall be reduced by one per	21513
cent of the total value of all real and tangible personal property	21514
in the district or the value of the utility's or railroad's	21515
property, whichever is less.	21516

Upon receipt of the certification, the department shall	21517
recompute the payments required under section 3317.022 of the	21518
Revised Code in the manner the payments would have been computed	21519
if:	21520

(1) The amount certified under division (C) of this section	21521
was not subject to taxation by the district and was not included	21522
in the certification made under division (A)(1), (A)(2), or (D) of	21523
section 3317.021 of the Revised Code.	21524

(2) The amount of taxes charged and payable and unpaid and	21525
used to make the computation under division (B) of this section	21526
had not been levied and had not been used in the computation	21527
required by division (B) of section 3317.021 of the Revised Code.	21528
The department shall pay the district that amount in the ensuing	21529
fiscal year in lieu of the amounts computed under section 3317.022	21530
of the Revised Code.	21531

If a school district received a grant from the catastrophic	21532
expenditures account pursuant to division (C) of section 3316.20	21533
of the Revised Code on the basis of the same circumstances for	21534
which a recomputation is made under this section, the amount of	21535
the recomputation shall be reduced and transferred in accordance	21536
with division (C) of section 3316.20 of the Revised Code.	21537

Sec. 3317.026. (A) As used in this section, "refunded taxes"	21538
means taxes charged and payable from real and tangible personal	21539
property, including public utility property, that have been found	21540
to have been overpaid as the result of reductions in the taxable	21541
value of such property and that have been refunded, including any	21542
interest or penalty refunded with those taxes. If taxes are	21543
refunded over a period of time pursuant to division (B)(2), (3),	21544
or (4) of section 319.36 or division (C) of section 5727.471 of	21545
the Revised Code, the total amount of taxes required to be	21546
refunded, excluding any interest accruing after the day the	21547
undertaking is entered into, shall be considered to have been	21548
refunded on the day the first portion of the overpayment is paid	21549
or credited.	21550

(B) Not later than the last day of February each year, each	21551
county auditor shall certify to the tax commissioner, for each	21552
school district in the county, the amount of refunded taxes	21553
refunded in the preceding calendar year and the reductions in	21554
taxable value that resulted in those refunds, except for	21555
reductions in taxable value that previously have been reported to	21556
the tax commissioner on an abstract. If the tax commissioner	21557
determines that the amount of refunded taxes certified for a	21558
school district exceeds three per cent of the total taxes charged	21559
and payable for current expenses of the school district for the	21560
calendar year in which those taxes were refunded, the tax	21561
commissioner shall certify the reductions in taxable value that	21562
resulted in those refunds on or before the first day of June to	21563
the department of education and the office of budget and	21564
management. Upon receiving the certification by the tax	21565
commissioner, the department of education shall reduce the total	21566
taxable value of the school district, as defined in section	21567
3317.02 of the Revised Code, by the total amount of the reductions	21568
in taxable value that resulted in those refunds for the purpose of	21569
computing the ~~SF-3 payment~~state education aid for the school	21570
district for the current fiscal year. The increase in the amount	21571
of such aid resulting from the adjustment required by this section	21572
shall be paid to the school district ~~on or before the thirty-first~~	21573
~~day of July of the following fiscal year~~. The payment date shall	21574
be determined by the director of budget and management. The	21575
director shall select a payment date that is not earlier than the	21576
first day of June of the current fiscal year and not later than	21577
the thirty-first day of July of the following fiscal year. The	21578
department of education shall not pay the district under this	21579
section prior to approval by the director of budget and management	21580
to make that payment.	21581

If an adjustment is made under this division in the amount of	21582
state aid paid to a school district, the tax value reductions from	21583
which that adjustment results shall not be used in recomputing aid	21584
to a school district under section 3317.027 of the Revised Code.	21585

(C) If a school district received a grant from the	21586
catastrophic expenditures account pursuant to division (C) of	21587
section 3316.20 of the Revised Code on the basis of the same	21588
circumstances for which an adjustment is made under this section,	21589
the amount of the adjustment shall be reduced and transferred in	21590
accordance with division (C) of section 3316.20 of the Revised	21591
Code.	21592

(D) Not later than the first day of June each year, the tax	21593
commissioner shall certify to the department of education and the	21594
office of budget and management for each school district the total	21595
of the increases in taxable value above the amount of taxable	21596
value on which tax was paid, as provided in division (B)(1) or (2)	21597
of section 5727.47 of the Revised Code, as determined by the	21598
commissioner, and for which a notification was sent pursuant to	21599
section 5727.471 of the Revised Code, in the preceding calendar	21600
year. Upon receiving the certification, the department shall	21601
increase the total taxable value, as defined in section 3317.02 of	21602
the Revised Code, of the school district by the total amount of	21603
the increase in taxable value certified by the commissioner for	21604
the school district for the purpose of computing the school	21605
district's ~~SF-3 payment~~state education aid for the following	21606
fiscal year.	21607

Sec. 3317.027. On or before the fifteenth day of May of each	21608
year, the tax commissioner shall certify to the department of	21609
education and the office of budget and management:	21610

(A) The amount by which applications filed under section	21611
5713.38 of the Revised Code or complaints filed under section	21612
5715.19 of the Revised Code resulted in a reduction in the second	21613
preceding year's taxable value in each school district in which	21614
such a reduction occurred, and the amount by which such reduction	21615
reduced the district's taxes charged and payable for such year;	21616
and	21617

(B) The taxes charged and payable for the second preceding	21618
tax year that were remitted under section 5713.081 of the Revised	21619
Code and the taxable value against which such taxes were imposed.	21620

Upon receipt of such certifications, the department shall	21621
recompute the district's ~~SF-3 payment~~state education aid and	21622
determine the amount that the ~~SF-3 payment~~state education aid	21623
would have been ~~paid~~ had the taxable value not been used in the	21624
computation made under division (A)(1) of section 3317.021 of the	21625
Revised Code and had the taxes charged and payable not been	21626
included in the certification made under division (A)(3) of such	21627
section. The department shall calculate the amount that the	21628
remainder of the fiscal year's payments should have been for the	21629
fiscal year including the amount of the ~~SF-3 payment~~state	21630
education aid as recomputed. The increase or decrease in the	21631
amount of aid resulting from the adjustment required under this	21632
section shall be paid to the school district ~~on or before the~~	21633
~~thirty-first day of July of the following fiscal year~~. The payment	21634
date shall be determined by the director of budget and management.	21635
The director shall select a payment date that is not earlier than	21636
the first day of June of the current fiscal year and not later	21637
than the thirty-first day of July of the following fiscal year.	21638
The department of education shall not pay the district under this	21639
section prior to approval by the director of budget and management	21640
to make that payment.	21641

If a school district received a grant from the catastrophic	21642
expenditures account pursuant to division (C) of section 3316.20	21643
of the Revised Code on the basis of the same circumstances for	21644
which a recomputation is made under this section, the amount of	21645
the recomputation shall be reduced and transferred in accordance	21646
with division (C) of section 3316.20 of the Revised Code.	21647

Sec. 3317.028. (A) On or before the fifteenth day of May in	21648
each calendar year prior to calendar year 2007, the tax	21649
commissioner shall determine for each school district whether the	21650
taxable value of all tangible personal property, including utility	21651
tangible personal property, subject to taxation by the district in	21652
the preceding tax year was less or greater than the taxable value	21653
of such property during the second preceding tax year. If any such	21654
decrease exceeds five per cent of the district's tangible personal	21655
property taxable value included in the total taxable value used in	21656
computing the district's ~~SF-3 payment~~state education aid for the	21657
fiscal year that ends in the current calendar year, or if any such	21658
increase exceeds five per cent of the district's total taxable	21659
value used in computing the district's ~~SF-3 payment~~state	21660
education aid for the fiscal year that ends in the current	21661
calendar year, the tax commissioner shall certify both of the	21662
following to the department of education and the office of budget	21663
and management:	21664

(1) The taxable value of the tangible personal property	21665
increase or decrease, including utility tangible personal property	21666
increase or decrease, which shall be considered a change in	21667
valuation;	21668

(2) The decrease or increase in taxes charged and payable on	21669
such change in taxable value calculated in the same manner as in	21670
division (A)(3) of section 3317.021 of the Revised Code.	21671

(B) On or before May 15, 2007, and the fifteenth day of May	21672
in each calendar year thereafter, the tax commissioner shall	21673
determine for each school district whether the taxable value of	21674
all utility tangible personal property subject to taxation by the	21675
district in the preceding tax year was less or greater than the	21676
taxable value of such property during the second preceding tax	21677
year. If any decrease exceeds five per cent of the district's	21678
tangible personal property taxable value included in the total	21679
taxable value used in the district's state aid computation for the	21680
fiscal year that ends in the current calendar year, or if any	21681
increase exceeds five per cent of the district's total taxable	21682
value used in the district's state education aid computation for	21683
the fiscal year that ends in the current calendar year, the tax	21684
commissioner shall certify both of the following to the department	21685
of education and the office of budget and management:	21686

(1) The taxable value of the utility tangible personal	21687
property increase or decrease, which shall be considered a change	21688
in valuation;	21689

(2) The decrease or increase in taxes charged and payable on	21690
such change in taxable value calculated in the same manner as in	21691
division (A)(3) of section 3317.021 of the Revised Code.	21692

(C) Upon receipt of a certification specified in this	21693
section, the department of education shall reduce or increase by	21694
the respective amounts certified and the taxable value and the	21695
taxes charged and payable that were used in computing the	21696
district's ~~SF-3 payment~~state education aid for the fiscal year	21697
that ends in the current calendar year and shall recompute the	21698
~~SF-3 payment~~state education aid for such fiscal year. The	21699
department shall pay ~~the district a sum equal to one-half of the~~	21700
~~recomputed payments in lieu of the payments otherwise required~~	21701
~~under that section on or before the thirty-first day of July of~~	21702
~~the following fiscal year~~to or deduct from the district an amount	21703
equal to one-half of the difference between the district's state	21704
education aid prior to the recomputation under this section and	21705
the district's recomputed state education aid. The payment date	21706
shall be determined by the director of budget and management. The	21707
director shall select a payment date that is not earlier than the	21708
first day of June of the current fiscal year and not later than	21709
the thirty-first day of July of the following fiscal year. The	21710
department of education shall not pay the district under this	21711
section prior to approval by the director of budget and management	21712
to make that payment.	21713

(D) If a school district received a grant from the	21714
catastrophic expenditures account pursuant to division (C) of	21715
section 3316.20 of the Revised Code on the basis of the same	21716
circumstances for which a recomputation is made under this	21717
section, the amount of the recomputation shall be reduced and	21718
transferred in accordance with division (C) of section 3316.20 of	21719
the Revised Code.	21720

Sec. 3317.029. (A) As used in this section:

21721

(1) "Poverty percentage" means the quotient obtained by	21722
dividing the ~~five-year~~ average number of children ages five to	21723
seventeen residing in the school district and living in a family	21724
receiving assistance under the Ohio works first program or an	21725
antecedent program known as TANF or ADC for the preceding five	21726
years, as certified or adjusted under section 3317.10 of the	21727
Revised Code, by the district's three-year average formula ADM.	21728

(2) "Statewide poverty percentage" means the ~~five-year~~	21729
average of the total number of children ages five to seventeen	21730
years residing in the state and receiving assistance under the	21731
Ohio works first program or an antecedent program known as TANF or	21732
ADC for the preceding five years, divided by the sum of the	21733
three-year average formula ADMs for all school districts in the	21734
state.	21735

(3) "Poverty index" means the quotient obtained by dividing	21736
the school district's poverty percentage by the statewide poverty	21737
percentage.	21738

(4) "Poverty student count" means the ~~five-year~~ average	21739
number of children ages five to seventeen residing in the school	21740
district and living in a family receiving assistance under the	21741
Ohio works first program or an antecedent program known as TANF or	21742
ADC for the preceding five years, as certified under section	21743
3317.10 of the Revised Code.	21744

(5) "Kindergarten ADM" means the number of students reported	21745
under section 3317.03 of the Revised Code as enrolled in	21746
kindergarten, excluding any kindergarten students reported under	21747
division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised	21748
Code.	21749

(6) "Kindergarten through third grade ADM" means the amount	21750
calculated as follows:	21751

(a) Multiply the kindergarten ADM by the sum of one plus the	21752
all-day kindergarten percentage;	21753

(b) Add the number of students in grades one through three;

21754

(c) Subtract from the sum calculated under division (A)(6)(b)	21755
of this section the number of special education students in grades	21756
kindergarten through three.	21757

"Kindergarten through third grade ADM" shall not include any	21758
students reported under division (B)(3)(e), (f), or (g) of section	21759
3317.03 of the Revised Code.	21760

(7) "All-day kindergarten" means a kindergarten class that is	21761
in session five days per week for not less than the same number of	21762
clock hours each day as for pupils in grades one through six.	21763

(8) "All-day kindergarten percentage" means the percentage of	21764
a district's actual total number of students enrolled in	21765
kindergarten who are enrolled in all-day kindergarten.	21766

(9) "All-day kindergarten ADM" means the number of students	21767
reported under section 3317.03 of the Revised Code as enrolled in	21768
all-day kindergarten, excluding any kindergarten students reported	21769
under division (B)(3)(e), (f), or (g) of that section.	21770

(10) "Academic distress percentage" means the quotient of the	21771
number of district-operated buildings in the school district	21772
designated under section 3302.03 of the Revised Code as in a state	21773
of academic watch or academic emergency, divided by the total	21774
number of buildings in the district that were open for instruction	21775
during the same school year to which the ratings apply.	21776

(11) "Statewide academic distress percentage" means the	21777
quotient of the statewide number of school district buildings and	21778
community schools designated under section 3302.03 of the Revised	21779
Code as in a state of academic watch or academic emergency,	21780
divided by the statewide total number of school district buildings	21781
and community schools that were open for instruction during the	21782
same school year to which the ratings apply.	21783

(12) "Academic distress index" means the quotient of the	21784
school district's academic distress percentage, divided by the	21785
statewide academic distress percentage.	21786

(13) "Buildings with the highest concentration of need" means	21787
the school buildings in a district ~~with~~that meet either of the	21788
following criteria:	21789

(a) Are in school improvement status pursuant to the "No	21790
Child Left Behind Act of 2001," as defined in section 3302.01 of	21791
the Revised Code;	21792

(b) Have percentages of students ~~in grades kindergarten~~	21793
~~through three~~ receiving assistance under Ohio works first at least	21794
as high as the district-wide percentage of students receiving such	21795
assistance. However, the district shall give priority to any of	21796
those buildings that have been declared to be in a state of	21797
academic watch or academic emergency under section 3302.03 of the	21798
Revised Code.	21799

If, in any fiscal year, the information provided by the	21800
department of job and family services under section 3317.10 of the	21801
Revised Code is insufficient to determine the Ohio works first	21802
percentage in each building, "buildings with the highest	21803
concentration of need" has the meaning given in rules that the	21804
department of education shall adopt. The rules shall base the	21805
definition of "buildings with the highest concentration of need"	21806
on family income of students ~~in grades kindergarten through three~~	21807
in a manner that, to the extent possible with available data,	21808
approximates the intent ~~of this division and division (K) of this~~	21809
~~section~~ to designate buildings where the Ohio works first	21810
percentage ~~in those grades~~ equals or exceeds the district-wide	21811
Ohio works first percentage.	21812

(B) ~~In addition to the amounts required to be paid to a~~	21813
~~school district under section 3317.022 of the Revised Code, the~~	21814
The department of education shall compute ~~and distribute to~~for	21815
each school district for poverty-based assistance the ~~greater of~~	21816
~~the following:~~	21817

~~(1) The amount the district received in fiscal year 2005 for~~	21818
~~disadvantaged pupil impact aid pursuant to Section 41.10 of Am.~~	21819
~~Sub. H.B. 95 of the 125th general assembly, as amended, minus the~~	21820
~~amount deducted from the district under Section 16 of Am. Sub.~~	21821
~~S.B. 2 of the 125th general assembly that year for payments to~~	21822
~~internet- and computer-based community schools;~~	21823

~~(2) The~~ sum of the computations made under divisions (C) to	21824
(I) and (K) of this section and shall pay that sum to the district	21825
in accordance with division (A) of section 3317.022 of the Revised	21826
Code.	21827

(C) A payment for academic intervention programs, if the	21828
district's poverty index is greater than or equal to 0.25,	21829
calculated as follows:	21830

(1) If the district's poverty index is greater than or equal	21831
to 0.25, calculate the district's level one amount for large-group	21832
academic intervention for all students as follows:	21833

(a) If the district's poverty index is greater than or equal	21834
to 0.25 but less than 0.75:	21835

large-group intervention units X hourly rate X

21836

level one hours X [(poverty index – 0.25)/0.5]

21837

~~X phase-in percentage~~

21838

Where:

21839

(i) "Large-group intervention units" equals the district's	21840
formula ADM divided by 20;	21841

(ii) "Hourly rate" equals ~~$20.00~~$21.01 in fiscal year ~~2006~~	21842
2008 and ~~$20.40~~$21.64 in fiscal year ~~2007~~2009;	21843

(iii) "Level one hours" equals 25 hours;

21844

~~(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006~~	21845
~~and 1.00 in fiscal year 2007~~.	21846

(b) If the district's poverty index is greater than or equal	21847
to 0.75:	21848

large-group intervention units X hourly rate X

21849

level one hours ~~X phase-in percentage~~

21850

Where "large-group intervention units," "hourly rate," and	21851
"level one hours," ~~and "phase-in percentage"~~ have the same	21852
meanings as in division (C)(1)(a) of this section.	21853

(2) If the district's poverty index is greater than or equal	21854
to 0.75, calculate the district's level two amount for	21855
medium-group academic intervention for all students as follows:	21856

(a) If the district's poverty index is greater than or equal	21857
to 0.75 but less than 1.50:	21858

medium-group intervention units X hourly rate

21859

X {level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}

21860

~~X phase-in percentage~~

21861

Where:

21862

(i) "Medium group intervention units" equals the district's	21863
formula ADM divided by 15;	21864

(ii) "Hourly rate," and "level one hours," ~~and "phase-in~~	21865
~~percentage"~~ have the same meanings as in division (C)(1)(a) of	21866
this section.	21867

(b) If the district's poverty index is greater than or equal	21868
to 1.50:	21869

medium-group intervention units X hourly rate X

21870

level two hours ~~X phase-in percentage~~

21871

Where:

21872

(i) "Medium group intervention units" has the same meaning as	21873
in division (C)(2)(a)(i) of this section;	21874

(ii) "Hourly rate" ~~and "phase-in percentage" have~~has the	21875
same ~~meanings~~meaning as in division (C)(1)(a) of this section;	21876

(iii) "Level two hours" equals 50 hours.

21877

(3) If the district's poverty index is greater than or equal	21878
to 1.50, calculate the district's level three amount for	21879
small-group academic intervention for impoverished students as	21880
follows:	21881

(a) If the district's poverty index is greater than or equal	21882
to 1.50 but less than 2.50:	21883

small group intervention units X hourly rate X

21884

{level one hours + [level three hours X

21885

(poverty index – 1.50)]} ~~X phase-in percentage~~

21886

Where:

21887

(i) "Small group intervention units" equals the quotient of	21888
(the district's poverty student count times 3) divided by 10;	21889

(ii) "Hourly rate," and "level one hours," ~~and "phase-in~~	21890
~~percentage"~~ have the same meanings as in division (C)(1)(a) of	21891
this section;	21892

(iii) "Level three hours" equals 135 hours.

21893

(b) If the district's poverty index is greater than or equal	21894
to 2.50:	21895

small group intervention units X hourly rate

21896

X level three hours ~~X phase-in percentage~~

21897

Where:

21898

(i) "Small group intervention units" has the same meaning as	21899
in division (C)(3)(a)(i) of this section;	21900

(ii) "Hourly rate" ~~and "phase-in percentage" have~~has the	21901
same ~~meanings~~meaning as in division (C)(1)(a) of this section;	21902

(iii) "Level three hours" equals 160 hours.

21903

Any district that receives funds under division (C)(2) or (3)	21904
of this section annually shall submit to the department of	21905
education by a date established by the department a plan	21906
describing how the district will deploy those funds. The	21907
deployment measures described in that plan shall comply with any	21908
applicable spending requirements prescribed in division (J)(6) of	21909
this section or with any order issued by the superintendent of	21910
public instruction under section 3317.017 of the Revised Code.	21911

(D) A payment for all-day kindergarten if the poverty index	21912
of the school district is greater than or equal to 1.0 or if the	21913
district's three-year average formula ADM exceeded seventeen	21914
thousand five hundred. In addition, the department shall make a	21915
payment under this division to any school district that, in a	21916
prior fiscal year, qualified for this payment and provided all-day	21917
kindergarten, regardless of changes to the district's poverty	21918
index. The department shall calculate the payment under this	21919
division by multiplying the all-day ~~kindergarten percentage by the~~	21920
kindergarten ADM ~~and multiplying that product~~ by the formula	21921
amount.	21922

(E) A ~~class-size reduction~~ payment for increased classroom	21923
learning opportunities based on calculating the number of new	21924
teachers necessary to achieve a lower student-teacher ratio, as	21925
follows:	21926

(1) Determine or calculate a formula number of teachers per	21927
one thousand students based on the poverty index of the school	21928
district as follows:	21929

(a) If the poverty index of the school district is less than	21930
1.0, the formula number of teachers is 50.0, which is the number	21931
of teachers per one thousand students at a student-teacher ratio	21932
of twenty to one;	21933

(b) If the poverty index of the school district is greater	21934
than or equal to 1.0, but less than 1.5, the formula number of	21935
teachers is calculated as follows:	21936

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}

21937

Where 50.0 is the number of teachers per one thousand	21938
students at a student-teacher ratio of twenty to one; 0.5 is the	21939
interval from a poverty index of 1.0 to a poverty index of 1.5;	21940
and 16.667 is the difference in the number of teachers per one	21941
thousand students at a student-teacher ratio of fifteen to one and	21942
the number of teachers per one thousand students at a	21943
student-teacher ratio of twenty to one.	21944

(c) If the poverty index of the school district is greater	21945
than or equal to 1.5, the formula number of teachers is 66.667,	21946
which is the number of teachers per one thousand students at a	21947
student-teacher ratio of fifteen to one.	21948

(2) Multiply the formula number of teachers determined or	21949
calculated in division (E)(1) of this section by the kindergarten	21950
through third grade ADM for the district and divide that product	21951
by one thousand;	21952

(3) Calculate the number of new teachers as follows:

21953

(a) Multiply the kindergarten through third grade ADM by	21954
50.0, which is the number of teachers per one thousand students at	21955
a student-teacher ratio of twenty to one, and divide that product	21956
by one thousand;	21957

(b) Subtract the quotient obtained in division (E)(3)(a) of	21958
this section from the product in division (E)(2) of this section.	21959

(4) Multiply the greater of the difference obtained under	21960
division (E)(3) of this section or zero by the statewide average	21961
teachers compensation. For this purpose, the "statewide average	21962
teacher compensation" is ~~$53,680~~$56,754 in fiscal year ~~2006~~2008	21963
and ~~$54,941~~$58,621 in fiscal year ~~2007~~2009, which includes an	21964
amount for the value of fringe benefits.	21965

(F) A payment for services to limited English proficient	21966
students, if the district's poverty index is greater than or equal	21967
to 1.0 and the proportion of its students who are limited English	21968
proficient, as reported in 2003 on its school district report	21969
issued under section 3302.03 of the Revised Code for the 2002-2003	21970
school year, is greater than or equal to 2.0%, calculated as	21971
follows:	21972

(1) If the district's poverty index is greater than or equal	21973
to 1.0, but less than 1.75, determine the amount per limited	21974
English proficient student as follows:	21975

{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]}

21976

X formula amount

21977

(2) If the district's poverty index is greater than or equal	21978
to 1.75, the amount per limited English proficient student equals:	21979

0.25 X formula amount

21980

(3) Multiply the per student amount determined for the	21981
district under division (F)(1) or (2) of this section by the	21982
number of the district's limited English proficient students,	21983
times a phase-in percentage of ~~0.40 in fiscal year 2006 and~~ 0.70	21984
in fiscal ~~year 2007~~years 2008 and 2009. For purposes of this	21985
calculation, the number of limited English proficient students for	21986
each district shall be the number determined by the department	21987
when it calculated the district's percentage of limited English	21988
proficient students for its school district report card issued in	21989
2003 for the 2002-2003 school year.	21990

~~Not later than December 31, 2006, the department of education~~	21991
~~shall recommend to the general assembly and the director of budget~~	21992
~~and management a method of identifying the number of limited~~	21993
~~English proficient students for purposes of calculating payments~~	21994
~~under this division after fiscal year 2007.~~	21995

(G) A payment for professional development of teachers, if	21996
the district's poverty index is greater than or equal to 1.0,	21997
calculated as follows:	21998

(1) If the district's poverty index is greater than or equal	21999
to 1.0, but less than 1.75, determine the amount per teacher as	22000
follows:	22001

[(poverty index – 1.0)/0.75] X 0.045 X formula amount

22002

(2) If the district's poverty index is greater than or equal	22003
to 1.75, the amount per teacher equals:	22004

0.045 X formula amount

22005

(3) Determine the number of teachers, as follows:

22006

(formula ADM/17)

22007

(4) Multiply the per teacher amount determined for the	22008
district under division (G)(1) or (2) of this section by the	22009
number of teachers determined under division (G)(3) of this	22010
section~~, times a phase-in percentage of 0.40 in fiscal year 2006~~	22011
~~and 0.70 in fiscal year 2007~~.	22012

(H) A payment for dropout prevention, if the district is a	22013
big eight school district as defined in section 3314.02 of the	22014
Revised Code, calculated as follows:	22015

0.005 X formula amount X poverty index

22016

X formula ADM ~~X phase-in percentage~~

22017

~~Where "phase-in percentage" equals 0.40 in fiscal year 2006~~	22018
~~and 0.70 in fiscal year 2007.~~	22019

(I) An amount for community outreach, if the district is an	22020
urban school district as defined in section 3314.02 of the Revised	22021
Code, calculated as follows:	22022

0.005 X formula amount X poverty index X

22023

formula ADM ~~X phase-in percentage~~

22024

~~Where "phase-in percentage" equals 0.40 in fiscal year 2006~~	22025
~~and 0.70 in fiscal year 2007.~~	22026

(J) This division applies only to school districts ~~whose~~	22027
~~poverty index is 1.0 or greater.~~that receive more than ten	22028
thousand dollars under this section. Each such district shall use	22029
funds paid under this section only for one or more of the	22030
following purposes:	22031

(1) ~~Each school district subject to this division shall first~~	22032
~~utilize funds received under this section so that, when combined~~	22033
~~with other funds of the district, sufficient funds exist to~~To	22034
provide all-day kindergarten to ~~at least~~ the ~~number of~~ children in	22035
the district's all-day kindergarten ~~percentage. To satisfy this~~	22036
~~requirement, a district may use funds paid under division (C),~~	22037
~~(F), (G), (H), or (I) of this section to provide all-day~~	22038
~~kindergarten in addition to the all-day kindergarten payment under~~	22039
~~division (D) of this section.~~ADM;	22040

(2) ~~Except as permitted under division (J)(1) of this~~	22041
~~section, each school district shall use its payment under division~~	22042
~~(F) of this section for~~To provide services to students with	22043
limited English proficiency through one or more of the following	22044
~~purposes~~activities:	22045

(a) ~~To hire~~Hiring teachers for limited English proficient	22046
students or other personnel to provide intervention services for	22047
those students;	22048

(b) ~~To contract~~Contracting for intervention services for	22049
those students;	22050

(c) ~~To provide~~Providing other services to assist those	22051
students in passing the third-grade reading achievement test, and	22052
to provide for those students the intervention services required	22053
by section 3313.608 of the Revised Code.	22054

(3) ~~Except as permitted under division (J)(1) of this~~	22055
~~section, each school district shall use its payment under division~~	22056
~~(G) of this section for~~To provide professional development of	22057
teachers or other licensed personnel providing educational	22058
services to students only in one or more of the following areas:	22059

(a) Data-based decision making;

22060

(b) Standards-based curriculum models;

22061

(c) ~~Job-embedded~~High quality professional development	22062
activities that are research-based, as defined ~~in federal law~~by	22063
state standards developed under section 3319.61 of the Revised	22064
Code;	22065

(d) Professional learning communities.

22066

In addition, each district that elects to use funds paid	22067
under this section for professional development shall ~~use the~~	22068
~~payment~~ only to implement programs identified on a list of	22069
eligible professional development programs provided by the	22070
department of education. The department annually shall provide the	22071
list to each district receiving a payment under ~~division (G) of~~	22072
this section. ~~However, a district may apply to the department for~~	22073
~~a waiver to implement an alternative professional development~~	22074
~~program in one or more of the areas specified in divisions~~	22075
~~(J)(3)(a) to (c) of this section. If the department grants the~~	22076
~~waiver, the district may use its payment under division (G) of~~	22077
~~this section to implement the alternative program.~~	22078

(4) ~~Except as permitted under division (J)(1) of this~~	22079
~~section, each big eight school district shall use its payment~~	22080
~~under division (H) of this section either for~~For preventing	22081
at-risk students from dropping out of school~~, for safety and~~	22082
~~security measures described in division (J)(5)(b) of this section,~~	22083
~~for academic intervention services described in division (J)(6) of~~	22084
~~this section, or for a combination of those purposes~~. Not later	22085
than September 1, ~~2005~~2007, the department of education shall	22086
provide each ~~big eight~~ school district receiving a payment under	22087
this section with a list of dropout prevention programs that it	22088
has determined are successful. The department subsequently may	22089
update the list. Each district that elects to use its payment	22090
under ~~division (H) of~~ this section for dropout prevention shall	22091
use the payment only to implement a dropout prevention program	22092
specified on the department's list. ~~However, a district may apply~~	22093
~~to the department for a waiver to implement an alternative dropout~~	22094
~~prevention program. If the department grants the waiver, the~~	22095
~~district may use its payment under division (H) of this section to~~	22096
~~implement the alternative program.~~	22097

(5) ~~Except as permitted under division (J)(1) of this~~	22098
~~section, each urban school district that has a poverty index~~	22099
~~greater than or equal to 1.0 shall use its payment under division~~	22100
~~(I) of this section for~~For one or a combination of the following	22101
purposes:	22102

(a) To hire or contract for community liaison officers,	22103
attendance or truant officers, or safety and security personnel;	22104

(b) To implement programs designed to ensure that schools are	22105
free of drugs and violence and have a disciplined environment	22106
conducive to learning in accordance with safe school guidelines	22107
adopted by the state board of education;	22108

(c) To implement academic intervention services described in	22109
division (J)(6) of this section.	22110

(6) Except as permitted under division (J)(1) of this	22111
section, each school district with a poverty index greater than or	22112
equal to 1.0 shall use the amount of its payment under division	22113
(C) of this section~~, and may use any amount of its payment under~~	22114
~~division (H) or (I) of this section,~~ for academic intervention	22115
services, designed in accordance with student intervention	22116
guidelines adopted by the state board, for students who have	22117
failed or are in danger of failing any of the tests administered	22118
pursuant to section 3301.0710 of the Revised Code, including	22119
intervention services required by section 3313.608 of the Revised	22120
Code. Except as permitted under division (J)(1) of this section,	22121
no district shall spend any portion of its payment under division	22122
(C) of this section for any other purpose. Notwithstanding any	22123
provision to the contrary in Chapter 4117. of the Revised Code, no	22124
collective bargaining agreement entered into after June 30, 2005,	22125
shall require use of the payment for any other purpose.	22126

(7) ~~Except as otherwise required by division (K) or permitted~~	22127
~~under division (O) of this section, all remaining funds~~	22128
~~distributed under this section to districts with a poverty index~~	22129
~~greater than or equal to 1.0 shall be utilized for the purpose of~~	22130
~~the third grade guarantee. The third grade guarantee consists of~~	22131
For increased classroom learning opportunities by increasing the	22132
amount of instructional attention received per pupil in	22133
kindergarten through third grade, either by reducing the ratio of	22134
students to instructional personnel or by increasing the amount of	22135
instruction and curriculum-related activities by extending the	22136
length of the school day or the school year.	22137

School districts may implement a reduction of the ratio of	22138
students to instructional personnel through any or all of the	22139
following methods:	22140

(a) Reducing the number of students in a classroom taught by	22141
a single teacher;	22142

(b) Employing full-time educational aides or educational	22143
paraprofessionals issued a permit or license under section	22144
3319.088 of the Revised Code;	22145

(c) Instituting a team-teaching method that will result in a	22146
lower student-teacher ratio in a classroom.	22147

Districts may extend the school day either by increasing the	22148
amount of time allocated for each class, increasing the number of	22149
classes provided per day, offering optional academic-related	22150
after-school programs, providing curriculum-related extra	22151
curricular activities, or establishing tutoring or remedial	22152
services for students who have demonstrated an educational need.	22153
In accordance with section 3319.089 of the Revised Code, a	22154
district extending the school day pursuant to this division may	22155
utilize a participant of the work experience program who has a	22156
child enrolled in a public school in that district and who is	22157
fulfilling the work requirements of that program by volunteering	22158
or working in that public school. If the work experience program	22159
participant is compensated, the school district may use the funds	22160
distributed under this section for all or part of the	22161
compensation.	22162

Districts may extend the school year either through adding	22163
regular days of instruction to the school calendar or by providing	22164
summer programs.	22165

(8) For early childhood programs or early learning programs,	22166
as defined by the department of education, for children age three	22167
or four who are not eligible for kindergarten;	22168

(9) To furnish, free of charge, materials used in courses of	22169
instruction, except for the necessary textbooks or electronic	22170
textbooks required to be furnished without charge pursuant to	22171
section 3329.06 of the Revised Code, to pupils living in families	22172
participating in Ohio works first in accordance with section	22173
3313.642 of the Revised Code;	22174

(10) For programs designed to reduce nonacademic barriers to	22175
learning, in accordance with guidelines developed by the	22176
department of education;	22177

(11) For start-up costs associated with school breakfast	22178
programs provided pursuant to section 3313.813 of the Revised	22179
Code.	22180

A school district may apply to the department, in the form	22181
and manner prescribed by the department, for a waiver to spend	22182
funds paid under this section for programs not described in	22183
divisions (J)(1) to (11) of this section. The waiver application	22184
shall specify the rationale for the alternative expenditure and	22185
the intended benefits for disadvantaged students. If the	22186
department grants the waiver, the district may use funds paid	22187
under this section to implement the alternative program.	22188

(K) ~~Each district shall not expend any funds received under~~	22189
~~division (E) of this section in any school buildings that are not~~	22190
~~buildings with the highest concentration of need, unless there is~~	22191
~~a ratio of instructional personnel to students of no more than~~	22192
~~fifteen to one in each kindergarten and first grade class in all~~	22193
~~buildings with the highest concentration of need. This division~~	22194
~~does not require that the funds used in buildings with the highest~~	22195
~~concentration of need be spent solely to reduce the ratio of~~	22196
~~instructional personnel to students in kindergarten and first~~	22197
~~grade. A school district may spend the funds in those buildings in~~	22198
~~any manner permitted by division (J)(7) of this section, but may~~	22199
~~not spend the money in other buildings unless the fifteen-to-one~~	22200
~~ratio required by this division is attained.~~A payment for	22201
assistance in closing the achievement gap, calculated as follows:	22202

(1) In fiscal year 2008 the department shall pay each school	22203
district that has both a poverty index that is greater than or	22204
equal to 1.0 and an academic distress index, as determined based	22205
on the most recent report card issued under section 3302.03 of the	22206
Revised Code, that is greater than or equal to 1.0, an amount	22207
calculated in accordance with the following formula:	22208

poverty index X academic distress index X

22209

(0.0015 X formula amount) X formula ADM

22210

(2) In fiscal year 2009:

22211

(a) If the district received a payment under division (K)(1)	22212
of this section for fiscal year 2008, and its academic distress	22213
percentage for fiscal year 2009, as determined based on the most	22214
recent report card issued under section 3302.03 of the Revised	22215
Code, is less than its academic distress percentage for fiscal	22216
year 2008, the department shall pay the district the product of	22217
its payment under division (K)(1) of this section for fiscal year	22218
2008 times 1.035.	22219

(b) If the district received a payment under division (K)(1)	22220
of this section for fiscal year 2008, and its academic distress	22221
percentage for fiscal year 2009, as determined based on the most	22222
recent report card issued under section 3302.03 of the Revised	22223
Code, is greater than or equal to its academic distress percentage	22224
for fiscal year 2008, the department shall pay the district the	22225
same amount as its payment under division (K)(1) of this section	22226
for fiscal year 2008.	22227

(c) If the district did not receive a payment under division	22228
(K)(1) of this section for fiscal year 2008, and it has both a	22229
poverty index that is greater than or equal to 1.0 and an academic	22230
distress index, as determined based on the most recent report card	22231
issued under section 3302.03 of the Revised Code, that is greater	22232
than or equal to 1.0 for fiscal year 2009, the department shall	22233
pay the district an amount calculated in accordance with the	22234
following formula:	22235

poverty index X academic distress index X

22236

(0.0015 X formula amount) X formula ADM

22237

(L)~~(1) By the first day of August of each fiscal year, each~~	22238
This division applies only to funds paid under division (K)(2)(b)	22239
of this section.	22240

(1) If applicable, each school district shall use the funds	22241
for any necessary expenses for the continued operation of a school	22242
district academic distress commission appointed under section	22243
3302.10 of the Revised Code.	22244

(2) After satisfying the requirement of division (L)(1) of	22245
this section, each district shall spend the remaining funds only	22246
for one or more of the following purposes and only in buildings	22247
with the highest concentration of need:	22248

(a) Assistance in improving student performance;

22249

(b) Professional development for teachers and administrators;

22250

(c) Assistance in recruiting and retaining teachers and	22251
administrators.	22252

(M)(1) Each school district wishing to receive any funds	22253
under division (D) of this section shall submit to the department	22254
of education ~~an estimate of its~~the number of students attending	22255
all-day kindergarten ~~percentage~~when reporting formula ADM under	22256
section 3317.03 of the Revised Code. ~~Each district shall update~~	22257
~~its estimate throughout the fiscal year in the form and manner~~	22258
~~required by the department, and the department shall adjust~~	22259
~~payments under this section to reflect the updates.~~	22260

~~(2) Annually by the end of December, the department of~~	22261
~~education, utilizing data from the information system established~~	22262
~~under section 3301.0714 of the Revised Code, shall determine for~~	22263
~~each school district subject to division (J) of this section~~	22264
~~whether in the preceding fiscal year the district's ratio of~~	22265
~~instructional personnel to students and its number of kindergarten~~	22266
~~students receiving all-day kindergarten appear reasonable, given~~	22267
~~the amounts of money the district received for that fiscal year~~	22268
~~pursuant to divisions (D) and (E) of this section. If the~~	22269
~~department is unable to verify from the data available that~~	22270
~~students are receiving reasonable amounts of instructional~~	22271
~~attention and all-day kindergarten, given the funds the district~~	22272
~~has received under this section and that class-size reduction~~	22273
~~funds are being used in school buildings with the highest~~	22274
~~concentration of need as required by division (K) of this section,~~	22275
~~the department shall conduct a more intensive investigation to~~	22276
~~ensure that funds have been expended as required by this section.~~	22277
~~The department shall file an annual report of its findings under~~	22278
~~this division with the chairpersons of the committees in each~~	22279
~~house of the general assembly dealing with finance and education.~~	22280

~~(M)(1)~~(2) Each school district ~~with a poverty index less than~~	22281
~~1.0~~ that receives a payment under division (D) of this section	22282
shall first utilize funds received under ~~this section so~~ that ,	22283
~~when combined with other funds of the district, sufficient funds~~	22284
~~exist~~division to provide all-day kindergarten ~~to at least the~~	22285
~~number of children in the district's all-day kindergarten~~	22286
~~percentage. To satisfy this requirement, a district may use funds~~	22287
~~paid under division (C) or (I) of this section to provide all-day~~	22288
~~kindergarten in addition to the all-day kindergarten payment under~~	22289
~~division (D) of this section~~.	22290

~~(2)~~(N) Except as permitted under division (M)(1) of this	22291
section, each school district with a poverty index less than 1.0	22292
that receives a payment under division (C) of this section shall	22293
use its payment under that division in accordance with all	22294
requirements of division (J)(6) of this section.	22295

~~(3) Except as permitted under division (M)(1) of this~~	22296
~~section, each school district with a poverty index less than 1.0~~	22297
~~that receives a payment under division (I) of this section shall~~	22298
~~use its payment under that division for one or a combination of~~	22299
~~the following purposes:~~	22300

~~(a) To hire or contract for community liaison officers,~~	22301
~~attendance or truant officers, or safety and security personnel;~~	22302

~~(b) To implement programs designed to ensure that schools are~~	22303
~~free of drugs and violence and have a disciplined environment~~	22304
~~conducive to learning;~~	22305

~~(c) To implement academic intervention services described in~~	22306
~~division (J)(6) of this section.~~	22307

~~(4) Each school district to which division (M)(1), (2), or~~	22308
~~(3) of this section applies shall expend the remaining funds~~	22309
~~received under this section, and any other district with a poverty~~	22310
~~index less than 1.0 shall expend all funds received under this~~	22311
~~section, for any of the following purposes:~~	22312

~~(a) The purchase of technology for instructional purposes for~~	22313
~~remediation;~~	22314

~~(b) All-day kindergarten;~~

22315

~~(c) Reduction of class sizes in grades kindergarten through~~	22316
~~three, as described in division (J)(7) of this section;~~	22317

~~(d) Summer school remediation;~~

22318

~~(e) Dropout prevention programs approved by the department of~~	22319
~~education under division (J)(4) of this section;~~	22320

~~(f) Guaranteeing that all third graders are ready to progress~~	22321
~~to more advanced work;~~	22322

~~(g) Summer education and work programs;~~

22323

~~(h) Adolescent pregnancy programs;~~

22324

~~(i) Head start, preschool, early childhood education, or~~	22325
~~early learning programs;~~	22326

~~(j) Reading improvement and remediation programs described by~~	22327
~~the department of education;~~	22328

~~(k) Programs designed to ensure that schools are free of~~	22329
~~drugs and violence and have a disciplined environment conducive to~~	22330
~~learning;~~	22331

~~(l) Furnishing, free of charge, materials used in courses of~~	22332
~~instruction, except for the necessary textbooks or electronic~~	22333
~~textbooks required to be furnished without charge pursuant to~~	22334
~~section 3329.06 of the Revised Code, to pupils living in families~~	22335
~~participating in Ohio works first in accordance with section~~	22336
~~3313.642 of the Revised Code;~~	22337

~~(m) School breakfasts provided pursuant to section 3313.813~~	22338
~~of the Revised Code.~~	22339

~~(N)~~(O) If at any time the superintendent of public	22340
instruction determines that a school district receiving funds	22341
under division (D) of this section has enrolled ~~less~~fewer than	22342
the number of all-day kindergarten ~~percentage~~students reported	22343
for that fiscal year, the superintendent shall withhold from the	22344
funds otherwise due the district under this section a proportional	22345
amount as determined by the difference in the certified all-day	22346
kindergarten ~~percentage~~ADM and the ~~percentage actually enrolled~~	22347
inactual all-day kindergarten ADM.	22348

The superintendent shall also withhold an appropriate amount	22349
of funds otherwise due a district for any other misuse of funds	22350
not in accordance with this section.	22351

~~(O)~~(P)(1) A district may use a portion of the funds	22352
~~calculated for it~~paid under ~~division (D) of~~ this section to	22353
modify or purchase classroom space to provide all-day	22354
kindergarten, if both of the following conditions are met:	22355

(a) The district certifies to the department, in a manner	22356
acceptable to the department, that it has a shortage of space for	22357
providing all-day kindergarten.	22358

(b) The district provides all-day kindergarten to the number	22359
of children in the all-day kindergarten percentage it certified	22360
under this section.	22361

(2) A district may use a portion of the funds ~~described in~~	22362
~~division (J)(7) of~~paid under this section to modify or purchase	22363
classroom space to enable it to further reduce class size in	22364
grades kindergarten through two with a goal of attaining class	22365
sizes of fifteen students per licensed teacher. To do so, the	22366
district must certify its need for additional space to the	22367
department, in a manner satisfactory to the department.	22368

(Q) Not later than the thirtieth day of September each year,	22369
each school district paid under this section shall report to the	22370
department, in the form and manner prescribed by the department,	22371
how the district deployed funds received under this section in the	22372
prior fiscal year. If a school district does not meet adequate	22373
progress standards as defined by the department, the department	22374
shall make recommendations to the district for deploying funds	22375
under this section in a more effective manner.	22376

Sec. 3317.0216. (A) As used in this section:

22377

(1) "Total taxes charged and payable for current expenses"	22378
means the sum of the taxes charged and payable as certified under	22379
division (A)(3)(a) of section 3317.021 of the Revised Code less	22380
any amounts reported under division (A)(3)(b) of that section, and	22381
the tax distribution for the preceding year under any school	22382
district income tax levied by the district pursuant to Chapter	22383
5748. of the Revised Code to the extent the revenue from the	22384
income tax is allocated or apportioned to current expenses.	22385

(2) "Charge-off amount" means two and three-tenths per cent	22386
multiplied by (the sum of recognized valuation and property	22387
exemption value).	22388

(3) Until fiscal year 2003, the "actual local share of	22389
special education, transportation, and vocational education	22390
funding" for any school district means the sum of the district's	22391
attributed local shares described in divisions (F)(1) to (3) of	22392
section 3317.022 of the Revised Code. Beginning in fiscal year	22393
2003, the "actual local share of special education,	22394
transportation, and vocational education funding" means that sum	22395
minus the amount of any excess cost supplement payment calculated	22396
for the district under division (F) of section 3317.022 of the	22397
Revised Code.	22398

~~(4) "Current expense revenues from the tangible property tax~~	22399
~~replacement fund" means payments received from the school district~~	22400
~~tangible property tax replacement fund or the general revenue fund~~	22401
~~under section 5751.21 of the Revised Code for fixed-rate levies~~	22402
~~for current expenses and for fixed-sum levies for current~~	22403
~~expenses, including school district emergency levies under~~	22404
~~sections 5705.194 to 5705.197 of the Revised Code.~~	22405

(B) Upon receiving the certifications under section 3317.021	22406
of the Revised Code, the department of education shall determine	22407
for each city, local, and exempted village school district whether	22408
the district's charge-off amount is greater than ~~the sum of~~ the	22409
district's total taxes charged and payable for current expenses	22410
~~and current expense revenues from the tangible property tax~~	22411
~~replacement fund~~, and if the charge-off amount is greater, shall	22412
pay the district the amount of the difference. A payment shall not	22413
be made to any school district for which the computation under	22414
division (A) of section 3317.022 of the Revised Code equals zero.	22415

(C)(1) If a district's charge-off amount is equal to or	22416
greater than ~~the sum of~~ its total taxes charged and payable for	22417
current expenses ~~and current expense revenues from the tangible~~	22418
~~property tax replacement fund~~, the department shall, in addition	22419
to the payment required under division (B) of this section, pay	22420
the district the amount of its actual local share of special	22421
education, transportation, and vocational education funding.	22422

(2) If a district's charge-off amount is less than ~~the sum of~~	22423
its total taxes charged and payable for current expenses ~~and~~	22424
~~current expense revenues from the tangible property tax~~	22425
~~replacement fund~~, the department shall pay the district any amount	22426
by which its actual local share of special education,	22427
transportation, and vocational education funding exceeds ~~the sum~~	22428
of its total taxes charged and payable for current expenses ~~and~~	22429
~~current expense revenues from the tangible property tax~~	22430
~~replacement fund~~ minus its charge-off amount.	22431

(D) If a school district that received a payment under	22432
division (B) or (C) of this section in the prior fiscal year is	22433
ineligible for payment under those divisions in the current fiscal	22434
year, the department shall determine if the ineligibility is the	22435
result of a property tax or income tax levy approved by the	22436
district's voters to take effect in tax year 2005 or thereafter.	22437
If the department determines that is the case, and calculates that	22438
the levy causing the ineligibility exceeded by at least one mill	22439
the equivalent millage of the prior year's payment under divisions	22440
(B) and (C) of this section, the department shall make a payment	22441
to the district for the first three years that the district loses	22442
eligibility for payment under divisions (B) and (C) of this	22443
section, as follows:	22444

(1) In the first year of ineligibility, the department shall	22445
pay the district seventy-five per cent of the amount it last paid	22446
the district under divisions (B) and (C) of this section.	22447

(2) In the second year of ineligibility, the department shall	22448
pay the district fifty per cent of the amount it last paid the	22449
district under those divisions.	22450

(3) In the third year of ineligibility, the department shall	22451
pay the district twenty-five per cent of the amount it last paid	22452
the district under those divisions.	22453

(E) A district that receives payment under division (D) of	22454
this section and subsequently qualifies for payment under division	22455
(B) or (C) of this section is ineligible for future payments under	22456
division (D) of this section.	22457

(F) To enable the department of education to make the	22458
determinations and to calculate payments under division (D) of	22459
this section, on ~~the effective date of this amendment~~March 30,	22460
2006, and on or before the first day of March of each year	22461
thereafter, the department shall send to the tax commissioner a	22462
list of school districts receiving payments under division (B) or	22463
(C) of this section for the current fiscal year. On or before the	22464
first day of the following June, the tax commissioner shall	22465
certify to the department of education for those school districts	22466
the information required by division (A)(8) of section 3317.021 of	22467
the Revised Code.	22468

Sec. 3317.0217. ~~The~~Payment of the amount calculated for a	22469
school district under this section shall be made under division	22470
(A) of section 3317.022 of the Revised Code.	22471

The department of education shall annually compute ~~and pay~~	22472
state parity aid to school districts, as follows:	22473

(A) Calculate the local wealth per pupil of each school	22474
district, which equals the following sum:	22475

(1) Two-thirds times the quotient of (a) the district's	22476
recognized valuation divided by (b) its formula ADM; plus	22477

(2) One-third times the quotient of (a) the average of the	22478
total federal adjusted gross income of the school district's	22479
residents for the three years most recently reported under section	22480
3317.021 of the Revised Code divided by (b) its formula ADM.	22481

(B) Rank all school districts in order of local wealth per	22482
pupil, from the district with the lowest local wealth per pupil to	22483
the district with the highest local wealth per pupil.	22484

(C) Compute the per pupil state parity aid funding for each	22485
eligible school district in accordance with the following formula:	22486

(threshold local wealth

22487

per pupil - the district's local

22488

wealth per pupil) X ~~0.0075~~ parity millage

22489

Where:

22490

(1) ~~Seven and one-half mills (0.0075) is an adjustment to the~~	22491
~~original parity aid standard of nine and one-half mills, to~~	22492
~~account for the general assembly's policy decision to phase-out~~	22493
~~use of the cost-of-doing-business factor in the base cost formula~~	22494
In fiscal year 2008, an "eligible school district" means a school	22495
district with a local wealth per pupil less than that of the	22496
school district with the four-hundred-eleventh lowest local wealth	22497
per pupil. In fiscal year 2009, an "eligible school district"	22498
means a school district with a local wealth per pupil less than	22499
that of the school district with the three-hundred-sixty-eighth	22500
lowest local wealth per pupil.	22501

(2) The "threshold local wealth per pupil" is the local	22502
wealth per pupil of the school district with the	22503
four-hundred-ninetieth lowest local wealth per pupil.	22504

(3) "Parity millage," in fiscal year 2008, equals 0.0080 and,	22505
in fiscal year 2009, equals 0.0085.	22506

If the result of the calculation for a school district under	22507
division (C) of this section is less than zero, the district's per	22508
pupil parity aid shall be zero.	22509

(D) Compute the per pupil alternative parity aid for each	22510
school district that has a combination of an income factor of 1.0	22511
or less, a poverty index of 1.0 or greater, and a fiscal year 2005	22512
cost-of-doing-business factor of 1.0375 or greater, in accordance	22513
with the following formula:	22514

Payment percentage X $60,000 X

22515

(1 - income factor) X 4/15 X 0.023

22516

Where:

22517

(1) "Poverty index" has the same meaning as in section	22518
3317.029 of the Revised Code.	22519

(2) "Payment percentage," for purposes of division (D) of	22520
this section, equals 50% in fiscal year 2002 and 100% after fiscal	22521
year 2002.	22522

(3) "Fiscal year 2005 cost-of-doing-business factor" means	22523
the cost-of-doing-business factor in effect for fiscal year 2005	22524
designated under former division (N) of section 3317.02 of the	22525
Revised Code as that division existed in fiscal year 2005.	22526

(E) Pay each district that has a combination of an income	22527
factor of 1.0 or less, a poverty index of 1.0 or greater, and a	22528
fiscal year 2005 cost-of-doing-business factor of 1.0375 or	22529
greater, the greater of the following:	22530

(1) The product of the district's per pupil parity aid	22531
calculated under division (C) of this section times its net	22532
formula ADM;	22533

(2) The product of its per pupil alternative parity aid	22534
calculated under division (D) of this section times its net	22535
formula ADM.	22536

(F) Pay every other district the product of its per pupil	22537
parity aid calculated under division (C) of this section times its	22538
net formula ADM.	22539

(G) As used in divisions (E) and (F) of this section, "net	22540
formula ADM" means formula ADM minus the number of internet- and	22541
computer-based community school students and scholarship students	22542
reported under divisions (B)(3)(e), (f), and (g) of section	22543
3317.03 of the Revised Code.	22544

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	22545
(C) of this section, except as provided in division (A)(2)(h) of	22546
this section, any student enrolled in kindergarten more than half	22547
time shall be reported as one-half student under this section.	22548

(A) The superintendent of each city and exempted village	22549
school district and of each educational service center shall, for	22550
the schools under the superintendent's supervision, certify to the	22551
state board of education on or before the fifteenth day of October	22552
in each year for the first full school week in October the formula	22553
ADM. ~~Beginning in fiscal year 2007, each superintendent also shall~~	22554
~~certify to the state board, for the schools under the~~	22555
~~superintendent's supervision, the formula ADM for the first full~~	22556
~~week in February.~~ If a school under the superintendent's	22557
supervision is closed for one or more days during that week due to	22558
hazardous weather conditions or other circumstances described in	22559
the first paragraph of division (B) of section 3317.01 of the	22560
Revised Code, the superintendent may apply to the superintendent	22561
of public instruction for a waiver, under which the superintendent	22562
of public instruction may exempt the district superintendent from	22563
certifying the formula ADM for that school for that week and	22564
specify an alternate week for certifying the formula ADM of that	22565
school.	22566

The formula ADM shall consist of the average daily membership	22567
during such week of the sum of the following:	22568

(1) On an FTE basis, the number of students in grades	22569
kindergarten through twelve receiving any educational services	22570
from the district, except that the following categories of	22571
students shall not be included in the determination:	22572

(a) Students enrolled in adult education classes;

22573

(b) Adjacent or other district students enrolled in the	22574
district under an open enrollment policy pursuant to section	22575
3313.98 of the Revised Code;	22576

(c) Students receiving services in the district pursuant to a	22577
compact, cooperative education agreement, or a contract, but who	22578
are entitled to attend school in another district pursuant to	22579
section 3313.64 or 3313.65 of the Revised Code;	22580

(d) Students for whom tuition is payable pursuant to sections	22581
3317.081 and 3323.141 of the Revised Code;	22582

(e) Students receiving services in the district through a	22583
scholarship awarded under section 3310.41 of the Revised Code.	22584

(2) On an FTE basis, except as provided in division (A)(2)(h)	22585
of this section, the number of students entitled to attend school	22586
in the district pursuant to section 3313.64 or 3313.65 of the	22587
Revised Code, but receiving educational services in grades	22588
kindergarten through twelve from one or more of the following	22589
entities:	22590

(a) A community school pursuant to Chapter 3314. of the	22591
Revised Code, including any participation in a college pursuant to	22592
Chapter 3365. of the Revised Code while enrolled in such community	22593
school;	22594

(b) An alternative school pursuant to sections 3313.974 to	22595
3313.979 of the Revised Code as described in division (I)(2)(a) or	22596
(b) of this section;	22597

(c) A college pursuant to Chapter 3365. of the Revised Code,	22598
except when the student is enrolled in the college while also	22599
enrolled in a community school pursuant to Chapter 3314. of the	22600
Revised Code;	22601

(d) An adjacent or other school district under an open	22602
enrollment policy adopted pursuant to section 3313.98 of the	22603
Revised Code;	22604

(e) An educational service center or cooperative education	22605
district;	22606

(f) Another school district under a cooperative education	22607
agreement, compact, or contract;	22608

(g) A chartered nonpublic school with a scholarship paid	22609
under section 3310.08 of the Revised Code;	22610

(h) An alternative public provider or a registered private	22611
provider with a scholarship awarded under section 3310.41 of the	22612
Revised Code. Each such scholarship student who is enrolled in	22613
kindergarten shall be counted as one full-time-equivalent student.	22614

As used in this section, "alternative public provider" and	22615
"registered private provider" have the same meanings as in section	22616
3310.41 of the Revised Code.	22617

(3) Twenty per cent of the number of students enrolled in a	22618
joint vocational school district or under a vocational education	22619
compact, excluding any students entitled to attend school in the	22620
district under section 3313.64 or 3313.65 of the Revised Code who	22621
are enrolled in another school district through an open enrollment	22622
policy as reported under division (A)(2)(d) of this section and	22623
then enroll in a joint vocational school district or under a	22624
vocational education compact;	22625

(4) The number of handicapped children, other than	22626
handicapped preschool children, entitled to attend school in the	22627
district pursuant to section 3313.64 or 3313.65 of the Revised	22628
Code who are placed by the district with a county MR/DD board,	22629
minus the number of such children placed with a county MR/DD board	22630
in fiscal year 1998. If this calculation produces a negative	22631
number, the number reported under division (A)(4) of this section	22632
shall be zero.	22633

~~(5) Beginning in fiscal year 2007, in the case of the report~~	22634
~~submitted for the first full week in February, or the alternative~~	22635
~~week if specified by the superintendent of public instruction, the~~	22636
~~number of students reported under division (A)(1) or (2) of this~~	22637
~~section for the first full week of the preceding October but who~~	22638
~~since that week have received high school diplomas.~~	22639

(B) To enable the department of education to obtain the data	22640
needed to complete the calculation of payments pursuant to this	22641
chapter, in addition to the formula ADM, each superintendent shall	22642
report separately the following student counts for the same week	22643
for which formula ADM is certified:	22644

(1) The total average daily membership in regular day classes	22645
included in the report under division (A)(1) or (2) of this	22646
section for kindergarten, and each of grades one through twelve in	22647
schools under the superintendent's supervision;	22648

(2) The number of all handicapped preschool children enrolled	22649
as of the first day of December in classes in the district that	22650
are eligible for approval under division (B) of section 3317.05	22651
of the Revised Code and the number of those classes, which shall	22652
be reported not later than the fifteenth day of December, in	22653
accordance with rules adopted under that section;	22654

(3) The number of children entitled to attend school in the	22655
district pursuant to section 3313.64 or 3313.65 of the Revised	22656
Code who are:	22657

(a) Participating in a pilot project scholarship program	22658
established under sections 3313.974 to 3313.979 of the Revised	22659
Code as described in division (I)(2)(a) or (b) of this section;	22660

(b) Enrolled in a college under Chapter 3365. of the Revised	22661
Code, except when the student is enrolled in the college while	22662
also enrolled in a community school pursuant to Chapter 3314. of	22663
the Revised Code;	22664

(c) Enrolled in an adjacent or other school district under	22665
section 3313.98 of the Revised Code;	22666

(d) Enrolled in a community school established under Chapter	22667
3314. of the Revised Code that is not an internet- or	22668
computer-based community school as defined in section 3314.02 of	22669
the Revised Code, including any participation in a college	22670
pursuant to Chapter 3365. of the Revised Code while enrolled in	22671
such community school;	22672

(e) Enrolled in an internet- or computer-based community	22673
school, as defined in section 3314.02 of the Revised Code,	22674
including any participation in a college pursuant to Chapter 3365.	22675
of the Revised Code while enrolled in the school;	22676

(f) Enrolled in a chartered nonpublic school with a	22677
scholarship paid under section 3310.08 of the Revised Code;	22678

(g) Enrolled in kindergarten through grade twelve in an	22679
alternative public provider or a registered private provider with	22680
a scholarship awarded under section 3310.41 of the Revised Code;	22681

(h) Enrolled as a handicapped preschool child in an	22682
alternative public provider or a registered private provider with	22683
a scholarship awarded under section 3310.41 of the Revised Code;	22684

(i) Participating in a program operated by a county MR/DD	22685
board or a state institution.	22686

(4) The number of pupils enrolled in joint vocational	22687
schools;	22688

(5) The average daily membership of handicapped children	22689
reported under division (A)(1) or (2) of this section receiving	22690
special education services for the category one handicap described	22691
in division (A) of section 3317.013 of the Revised Code;	22692

(6) The average daily membership of handicapped children	22693
reported under division (A)(1) or (2) of this section receiving	22694
special education services for category two handicaps described in	22695
division (B) of section 3317.013 of the Revised Code;	22696

(7) The average daily membership of handicapped children	22697
reported under division (A)(1) or (2) of this section receiving	22698
special education services for category three handicaps described	22699
in division (C) of section 3317.013 of the Revised Code;	22700

(8) The average daily membership of handicapped children	22701
reported under division (A)(1) or (2) of this section receiving	22702
special education services for category four handicaps described	22703
in division (D) of section 3317.013 of the Revised Code;	22704

(9) The average daily membership of handicapped children	22705
reported under division (A)(1) or (2) of this section receiving	22706
special education services for the category five handicap	22707
described in division (E) of section 3317.013 of the Revised Code;	22708

(10) The combined average daily membership of handicapped	22709
children reported under division (A)(1) or (2) and under division	22710
(B)(3)(h) of this section receiving special education services for	22711
category six handicaps described in division (F) of section	22712
3317.013 of the Revised Code, including children attending a	22713
special education program operated by an alternative public	22714
provider or a registered private provider with a scholarship	22715
awarded under section 3310.41 of the Revised Code;	22716

(11) The average daily membership of pupils reported under	22717
division (A)(1) or (2) of this section enrolled in category one	22718
vocational education programs or classes, described in division	22719
(A) of section 3317.014 of the Revised Code, operated by the	22720
school district or by another district, other than a joint	22721
vocational school district, or by an educational service center,	22722
excluding any student reported under division (B)(3)(e) of this	22723
section as enrolled in an internet- or computer-based community	22724
school, notwithstanding division (C) of section 3317.02 of the	22725
Revised Code and division (C)(3) of this section;	22726

(12) The average daily membership of pupils reported under	22727
division (A)(1) or (2) of this section enrolled in category two	22728
vocational education programs or services, described in division	22729
(B) of section 3317.014 of the Revised Code, operated by the	22730
school district or another school district, other than a joint	22731
vocational school district, or by an educational service center,	22732
excluding any student reported under division (B)(3)(e) of this	22733
section as enrolled in an internet- or computer-based community	22734
school, notwithstanding division (C) of section 3317.02 of the	22735
Revised Code and division (C)(3) of this section;	22736

(13) The average number of children transported by the school	22737
district on board-owned or contractor-owned and -operated buses,	22738
reported in accordance with rules adopted by the department of	22739
education;	22740

(14)(a) The number of children, other than handicapped	22741
preschool children, the district placed with a county MR/DD board	22742
in fiscal year 1998;	22743

(b) The number of handicapped children, other than	22744
handicapped preschool children, placed with a county MR/DD board	22745
in the current fiscal year to receive special education services	22746
for the category one handicap described in division (A) of section	22747
3317.013 of the Revised Code;	22748

(c) The number of handicapped children, other than	22749
handicapped preschool children, placed with a county MR/DD board	22750
in the current fiscal year to receive special education services	22751
for category two handicaps described in division (B) of section	22752
3317.013 of the Revised Code;	22753

(d) The number of handicapped children, other than	22754
handicapped preschool children, placed with a county MR/DD board	22755
in the current fiscal year to receive special education services	22756
for category three handicaps described in division (C) of section	22757
3317.013 of the Revised Code;	22758

(e) The number of handicapped children, other than	22759
handicapped preschool children, placed with a county MR/DD board	22760
in the current fiscal year to receive special education services	22761
for category four handicaps described in division (D) of section	22762
3317.013 of the Revised Code;	22763

(f) The number of handicapped children, other than	22764
handicapped preschool children, placed with a county MR/DD board	22765
in the current fiscal year to receive special education services	22766
for the category five handicap described in division (E) of	22767
section 3317.013 of the Revised Code;	22768

(g) The number of handicapped children, other than	22769
handicapped preschool children, placed with a county MR/DD board	22770
in the current fiscal year to receive special education services	22771
for category six handicaps described in division (F) of section	22772
3317.013 of the Revised Code.	22773

(C)(1) Except as otherwise provided in this section for	22774
kindergarten students, the average daily membership in divisions	22775
(B)(1) to (12) of this section shall be based upon the number of	22776
full-time equivalent students. The state board of education shall	22777
adopt rules defining full-time equivalent students and for	22778
determining the average daily membership therefrom for the	22779
purposes of divisions (A), (B), and (D) of this section.	22780

(2) A student enrolled in a community school established	22781
under Chapter 3314. of the Revised Code shall be counted in the	22782
formula ADM and, if applicable, the category one, two, three,	22783
four, five, or six special education ADM of the school district in	22784
which the student is entitled to attend school under section	22785
3313.64 or 3313.65 of the Revised Code for the same proportion of	22786
the school year that the student is counted in the enrollment of	22787
the community school for purposes of section 3314.08 of the	22788
Revised Code. Notwithstanding the number of students reported	22789
pursuant to division (B)(3)(d) or (e) of this section, the	22790
department may adjust the formula ADM of a school district to	22791
account for students entitled to attend school in the district	22792
under section 3313.64 or 3313.65 of the Revised Code who are	22793
enrolled in a community school for only a portion of the school	22794
year.	22795

(3) No child shall be counted as more than a total of one	22796
child in the sum of the average daily memberships of a school	22797
district under division (A), divisions (B)(1) to (12), or division	22798
(D) of this section, except as follows:	22799

(a) A child with a handicap described in section 3317.013 of	22800
the Revised Code may be counted both in formula ADM and in	22801
category one, two, three, four, five, or six special education ADM	22802
and, if applicable, in category one or two vocational education	22803
ADM. As provided in division (C) of section 3317.02 of the Revised	22804
Code, such a child shall be counted in category one, two, three,	22805
four, five, or six special education ADM in the same proportion	22806
that the child is counted in formula ADM.	22807

(b) A child enrolled in vocational education programs or	22808
classes described in section 3317.014 of the Revised Code may be	22809
counted both in formula ADM and category one or two vocational	22810
education ADM and, if applicable, in category one, two, three,	22811
four, five, or six special education ADM. Such a child shall be	22812
counted in category one or two vocational education ADM in the	22813
same proportion as the percentage of time that the child spends in	22814
the vocational education programs or classes.	22815

(4) Based on the information reported under this section, the	22816
department of education shall determine the total student count,	22817
as defined in section 3301.011 of the Revised Code, for each	22818
school district.	22819

(D)(1) The superintendent of each joint vocational school	22820
district shall certify to the superintendent of public instruction	22821
on or before the fifteenth day of October in each year for the	22822
first full school week in October the formula ADM. ~~Beginning in~~	22823
~~fiscal year 2007, each superintendent also shall certify to the~~	22824
~~state superintendent the formula ADM for the first full week in~~	22825
~~February.~~ If a school operated by the joint vocational school	22826
district is closed for one or more days during that week due to	22827
hazardous weather conditions or other circumstances described in	22828
the first paragraph of division (B) of section 3317.01 of the	22829
Revised Code, the superintendent may apply to the superintendent	22830
of public instruction for a waiver, under which the superintendent	22831
of public instruction may exempt the district superintendent from	22832
certifying the formula ADM for that school for that week and	22833
specify an alternate week for certifying the formula ADM of that	22834
school.	22835

The formula ADM, except as otherwise provided in this	22836
division, shall consist of the average daily membership during	22837
such week, on an FTE basis, of the number of students receiving	22838
any educational services from the district, including students	22839
enrolled in a community school established under Chapter 3314. of	22840
the Revised Code who are attending the joint vocational district	22841
under an agreement between the district board of education and the	22842
governing authority of the community school and are entitled to	22843
attend school in a city, local, or exempted village school	22844
district whose territory is part of the territory of the joint	22845
vocational district. ~~Beginning in fiscal year 2007, in the case of~~	22846
~~the report submitted for the first week in February, or the~~	22847
~~alternative week if specified by the superintendent of public~~	22848
~~instruction, the superintendent of the joint vocational school~~	22849
~~district may include the number of students reported under~~	22850
~~division (D)(1) of this section for the first full week of the~~	22851
~~preceding October but who since that week have received high~~	22852
~~school diplomas.~~	22853

The following categories of students shall not be included in	22854
the determination made under division (D)(1) of this section:	22855

(a) Students enrolled in adult education classes;

22856

(b) Adjacent or other district joint vocational students	22857
enrolled in the district under an open enrollment policy pursuant	22858
to section 3313.98 of the Revised Code;	22859

(c) Students receiving services in the district pursuant to a	22860
compact, cooperative education agreement, or a contract, but who	22861
are entitled to attend school in a city, local, or exempted	22862
village school district whose territory is not part of the	22863
territory of the joint vocational district;	22864

(d) Students for whom tuition is payable pursuant to sections	22865
3317.081 and 3323.141 of the Revised Code.	22866

(2) To enable the department of education to obtain the data	22867
needed to complete the calculation of payments pursuant to this	22868
chapter, in addition to the formula ADM, each superintendent shall	22869
report separately the average daily membership included in the	22870
report under division (D)(1) of this section for each of the	22871
following categories of students for the same week for which	22872
formula ADM is certified:	22873

(a) Students enrolled in each grade included in the joint	22874
vocational district schools;	22875

(b) Handicapped children receiving special education services	22876
for the category one handicap described in division (A) of section	22877
3317.013 of the Revised Code;	22878

(c) Handicapped children receiving special education services	22879
for the category two handicaps described in division (B) of	22880
section 3317.013 of the Revised Code;	22881

(d) Handicapped children receiving special education services	22882
for category three handicaps described in division (C) of section	22883
3317.013 of the Revised Code;	22884

(e) Handicapped children receiving special education services	22885
for category four handicaps described in division (D) of section	22886
3317.013 of the Revised Code;	22887

(f) Handicapped children receiving special education services	22888
for the category five handicap described in division (E) of	22889
section 3317.013 of the Revised Code;	22890

(g) Handicapped children receiving special education services	22891
for category six handicaps described in division (F) of section	22892
3317.013 of the Revised Code;	22893

(h) Students receiving category one vocational education	22894
services, described in division (A) of section 3317.014 of the	22895
Revised Code;	22896

(i) Students receiving category two vocational education	22897
services, described in division (B) of section 3317.014 of the	22898
Revised Code.	22899

The superintendent of each joint vocational school district	22900
shall also indicate the city, local, or exempted village school	22901
district in which each joint vocational district pupil is entitled	22902
to attend school pursuant to section 3313.64 or 3313.65 of the	22903
Revised Code.	22904

(E) In each school of each city, local, exempted village,	22905
joint vocational, and cooperative education school district there	22906
shall be maintained a record of school membership, which record	22907
shall accurately show, for each day the school is in session, the	22908
actual membership enrolled in regular day classes. For the purpose	22909
of determining average daily membership, the membership figure of	22910
any school shall not include any pupils except those pupils	22911
described by division (A) of this section. The record of	22912
membership for each school shall be maintained in such manner that	22913
no pupil shall be counted as in membership prior to the actual	22914
date of entry in the school and also in such manner that where for	22915
any cause a pupil permanently withdraws from the school that pupil	22916
shall not be counted as in membership from and after the date of	22917
such withdrawal. There shall not be included in the membership of	22918
any school any of the following:	22919

(1) Any pupil who has graduated from the twelfth grade of a	22920
public or nonpublic high school;	22921

(2) Any pupil who is not a resident of the state;

22922

(3) Any pupil who was enrolled in the schools of the district	22923
during the previous school year when tests were administered under	22924
section 3301.0711 of the Revised Code but did not take one or more	22925
of the tests required by that section and was not excused pursuant	22926
to division (C)(1) or (3) of that section;	22927

(4) Any pupil who has attained the age of twenty-two years,	22928
except for veterans of the armed services whose attendance was	22929
interrupted before completing the recognized twelve-year course of	22930
the public schools by reason of induction or enlistment in the	22931
armed forces and who apply for reenrollment in the public school	22932
system of their residence not later than four years after	22933
termination of war or their honorable discharge.	22934

If, however, any veteran described by division (E)(4) of this	22935
section elects to enroll in special courses organized for veterans	22936
for whom tuition is paid under the provisions of federal laws, or	22937
otherwise, that veteran shall not be included in average daily	22938
membership.	22939

Notwithstanding division (E)(3) of this section, the	22940
membership of any school may include a pupil who did not take a	22941
test required by section 3301.0711 of the Revised Code if the	22942
superintendent of public instruction grants a waiver from the	22943
requirement to take the test to the specific pupil and a parent is	22944
not paying tuition for the pupil pursuant to section 3313.6410 of	22945
the Revised Code. The superintendent may grant such a waiver only	22946
for good cause in accordance with rules adopted by the state board	22947
of education.	22948

Except as provided in divisions (B)(2) and (F) of this	22949
section, the average daily membership figure of any local, city,	22950
exempted village, or joint vocational school district shall be	22951
determined by dividing the figure representing the sum of the	22952
number of pupils enrolled during each day the school of attendance	22953
is actually open for instruction during the week for which the	22954
formula ADM is being certified by the total number of days the	22955
school was actually open for instruction during that week. For	22956
purposes of state funding, "enrolled" persons are only those	22957
pupils who are attending school, those who have attended school	22958
during the current school year and are absent for authorized	22959
reasons, and those handicapped children currently receiving home	22960
instruction.	22961

The average daily membership figure of any cooperative	22962
education school district shall be determined in accordance with	22963
rules adopted by the state board of education.	22964

(F)(1) If the formula ADM for the first full school week in	22965
February is at least three per cent greater than that certified	22966
for the first full school week in the preceding October, the	22967
superintendent of schools of any city, exempted village, or joint	22968
vocational school district or educational service center shall	22969
certify such increase to the superintendent of public instruction.	22970
Such certification shall be submitted no later than the fifteenth	22971
day of February. For the balance of the fiscal year, beginning	22972
with the February payments, the superintendent of public	22973
instruction shall use the increased formula ADM in calculating or	22974
recalculating the amounts to be allocated in accordance with	22975
section 3317.022 or 3317.16 of the Revised Code. In no event shall	22976
the superintendent use an increased membership certified to the	22977
superintendent after the fifteenth day of February. ~~Division~~	22978
~~(F)(1) of this section does not apply after fiscal year 2006.~~	22979

(2) If on the first school day of April the total number of	22980
classes or units for handicapped preschool children that are	22981
eligible for approval under division (B) of section 3317.05 of the	22982
Revised Code exceeds the number of units that have been approved	22983
for the year under that division, the superintendent of schools of	22984
any city, exempted village, or cooperative education school	22985
district or educational service center shall make the	22986
certifications required by this section for that day. If the	22987
department determines additional units can be approved for the	22988
fiscal year within any limitations set forth in the acts	22989
appropriating moneys for the funding of such units, the department	22990
shall approve additional units for the fiscal year on the basis of	22991
such average daily membership. For each unit so approved, the	22992
department shall pay an amount computed in the manner prescribed	22993
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	22994
Code.	22995

(3) If a student attending a community school under Chapter	22996
3314. of the Revised Code is not included in the formula ADM	22997
certified for the school district in which the student is entitled	22998
to attend school under section 3313.64 or 3313.65 of the Revised	22999
Code, the department of education shall adjust the formula ADM of	23000
that school district to include the community school student in	23001
accordance with division (C)(2) of this section, and shall	23002
recalculate the school district's payments under this chapter for	23003
the entire fiscal year on the basis of that adjusted formula ADM.	23004
This requirement applies regardless of whether the student was	23005
enrolled, as defined in division (E) of this section, in the	23006
community school during the week for which the formula ADM is	23007
being certified.	23008

(4) If a student awarded an educational choice scholarship is	23009
not included in the formula ADM of the school district from which	23010
the department deducts funds for the scholarship under section	23011
3310.08 of the Revised Code, the department shall adjust the	23012
formula ADM of that school district to include the student to the	23013
extent necessary to account for the deduction, and shall	23014
recalculate the school district's payments under this chapter for	23015
the entire fiscal year on the basis of that adjusted formula ADM.	23016
This requirement applies regardless of whether the student was	23017
enrolled, as defined in division (E) of this section, in the	23018
chartered nonpublic school, the school district, or a community	23019
school during the week for which the formula ADM is being	23020
certified.	23021

(G)(1)~~(a)~~ The superintendent of an institution operating a	23022
special education program pursuant to section 3323.091 of the	23023
Revised Code shall, for the programs under such superintendent's	23024
supervision, certify to the state board of education, in the	23025
manner prescribed by the superintendent of public instruction,	23026
both of the following:	23027

~~(i)~~(a) The average daily membership of all handicapped	23028
children other than handicapped preschool children receiving	23029
services at the institution for each category of handicap	23030
described in divisions (A) to (F) of section 3317.013 of the	23031
Revised Code;	23032

~~(ii)~~(b) The average daily membership of all handicapped	23033
preschool children in classes or programs approved annually by the	23034
department of education for unit funding under section 3317.05 of	23035
the Revised Code.	23036

~~(b) The superintendent of an institution with vocational~~	23037
~~education units approved under division (A) of section 3317.05 of~~	23038
~~the Revised Code shall, for the units under the superintendent's~~	23039
~~supervision, certify to the state board of education the average~~	23040
~~daily membership in those units, in the manner prescribed by the~~	23041
~~superintendent of public instruction.~~	23042

(2) The superintendent of each county MR/DD board that	23043
maintains special education classes under section 3317.20 of the	23044
Revised Code or units approved pursuant to section 3317.05 of the	23045
Revised Code shall do both of the following:	23046

(a) Certify to the state board, in the manner prescribed by	23047
the board, the average daily membership in classes under section	23048
3317.20 of the Revised Code for each school district that has	23049
placed children in the classes;	23050

(b) Certify to the state board, in the manner prescribed by	23051
the board, the number of all handicapped preschool children	23052
enrolled as of the first day of December in classes eligible for	23053
approval under division (B) of section 3317.05 of the Revised	23054
Code, and the number of those classes.	23055

(3)(a) If on the first school day of April the number of	23056
classes or units maintained for handicapped preschool children by	23057
the county MR/DD board that are eligible for approval under	23058
division (B) of section 3317.05 of the Revised Code is greater	23059
than the number of units approved for the year under that	23060
division, the superintendent shall make the certification required	23061
by this section for that day.	23062

(b) If the department determines that additional classes or	23063
units can be approved for the fiscal year within any limitations	23064
set forth in the acts appropriating moneys for the funding of the	23065
classes and units described in division (G)(3)(a) of this section,	23066
the department shall approve and fund additional units for the	23067
fiscal year on the basis of such average daily membership. For	23068
each unit so approved, the department shall pay an amount computed	23069
in the manner prescribed in sections 3317.052 and 3317.053 of the	23070
Revised Code.	23071

(H) Except as provided in division (I) of this section, when	23072
any city, local, or exempted village school district provides	23073
instruction for a nonresident pupil whose attendance is	23074
unauthorized attendance as defined in section 3327.06 of the	23075
Revised Code, that pupil's membership shall not be included in	23076
that district's membership figure used in the calculation of that	23077
district's formula ADM or included in the determination of any	23078
unit approved for the district under section 3317.05 of the	23079
Revised Code. The reporting official shall report separately the	23080
average daily membership of all pupils whose attendance in the	23081
district is unauthorized attendance, and the membership of each	23082
such pupil shall be credited to the school district in which the	23083
pupil is entitled to attend school under division (B) of section	23084
3313.64 or section 3313.65 of the Revised Code as determined by	23085
the department of education.	23086

(I)(1) A city, local, exempted village, or joint vocational	23087
school district admitting a scholarship student of a pilot project	23088
district pursuant to division (C) of section 3313.976 of the	23089
Revised Code may count such student in its average daily	23090
membership.	23091

(2) In any year for which funds are appropriated for pilot	23092
project scholarship programs, a school district implementing a	23093
state-sponsored pilot project scholarship program that year	23094
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	23095
count in average daily membership:	23096

(a) All children residing in the district and utilizing a	23097
scholarship to attend kindergarten in any alternative school, as	23098
defined in section 3313.974 of the Revised Code;	23099

(b) All children who were enrolled in the district in the	23100
preceding year who are utilizing a scholarship to attend any such	23101
alternative school.	23102

(J) The superintendent of each cooperative education school	23103
district shall certify to the superintendent of public	23104
instruction, in a manner prescribed by the state board of	23105
education, the applicable average daily memberships for all	23106
students in the cooperative education district, also indicating	23107
the city, local, or exempted village district where each pupil is	23108
entitled to attend school under section 3313.64 or 3313.65 of the	23109
Revised Code.	23110

(K) If the superintendent of public instruction determines	23111
that a component of the formula ADM certified or reported by a	23112
district superintendent, or other reporting entity, is not	23113
correct, the superintendent of public instruction may order that	23114
the formula ADM used for the purposes of payments under any	23115
section of Title XXXIII of the Revised Code be adjusted in the	23116
amount of the error.	23117

Sec. 3317.04. The amount paid to school districts in each	23118
fiscal year under Chapter 3317. of the Revised Code shall not be	23119
less than the following:	23120

(A) In the case of a district created under section 3311.26	23121
or 3311.37 of the Revised Code, the amount paid shall not be less,	23122
in any of the three succeeding fiscal years following the	23123
creation, than the sum of the amounts allocated under Chapter	23124
3317. of the Revised Code to the districts separately in the year	23125
of the creation.	23126

(B) In the case of a school district which is transferred to	23127
another school district or districts, pursuant to section 3311.22,	23128
3311.231, or 3311.38 of the Revised Code, the amount paid to the	23129
district accepting the transferred territory shall not be less, in	23130
any of the three succeeding fiscal years following the transfer,	23131
than the sum of the amounts allocated under Chapter 3317. of the	23132
Revised Code to the districts separately in the year of the	23133
consummation of the transfer.	23134

~~(C) In the case of any school district, the amount paid under~~	23135
~~Chapter 3317. of the Revised Code to the district in the fiscal~~	23136
~~year of distribution shall not be less than that paid under such~~	23137
~~chapter in the preceding fiscal year, less any amount paid in that~~	23138
~~preceding fiscal year under section 3317.0216 of the Revised Code,~~	23139
~~if in the calendar year ending the thirty-first day of December~~	23140
~~preceding the fiscal year of distribution, the county auditor of~~	23141
~~the county to which the district has been assigned by the~~	23142
~~department of education for administrative purposes has completed~~	23143
~~reassessment of all real estate within the county, or the tax~~	23144
~~duplicate of that county was increased by the application of a~~	23145
~~uniform taxable value per cent of true value pursuant to a rule or~~	23146
~~order of the tax commissioner and the revised valuations were~~	23147
~~entered on the tax list and duplicate. Notwithstanding sections~~	23148
~~3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised~~	23149
~~Code, this minimum guarantee is applicable only during the fiscal~~	23150
~~year immediately following the reassessment or application.~~	23151

~~(D) In the case of any school district that has territory in~~	23152
~~three or more counties, each of which contains at least twenty per~~	23153
~~cent of the district's territory, the amount paid under Chapter~~	23154
~~3317. of the Revised Code to the district in the fiscal year of~~	23155
~~distribution shall not be less than that paid under such chapter~~	23156
~~in the preceding fiscal year, less any amount paid in that~~	23157
~~preceding fiscal year under section 3317.0216 of the Revised Code,~~	23158
~~if in the calendar year ending the thirty-first day of December~~	23159
~~preceding the fiscal year of distribution, the county auditor of~~	23160
~~any such county completed reassessment of all real estate within~~	23161
~~the county, or the tax duplicate of any such county was increased~~	23162
~~by the application of a uniform taxable value per cent of true~~	23163
~~value pursuant to a rule or order of the tax commissioner and the~~	23164
~~revised valuations were entered on the tax list and duplicate.~~	23165
~~Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37, and~~	23166
~~3311.38 of the Revised Code, this minimum guarantee is applicable~~	23167
~~only during the fiscal year immediately following the reassessment~~	23168
~~or application.~~	23169

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	23170
and 3311.38 of the Revised Code, the minimum guarantees prescribed	23171
by divisions (A) and (B) of this section shall not affect the	23172
amount of aid received by a school district for more than three	23173
consecutive years.	23174

Sec. 3317.05. (A) ~~For~~The department of education shall	23175
assign units under this division until July 1, 2007.	23176

For the purpose of calculating payments under sections	23177
3317.052 and 3317.053 of the Revised Code, the department of	23178
education shall determine for each institution, by the last day of	23179
January of each year and based on information certified under	23180
section 3317.03 of the Revised Code, the number of vocational	23181
education units or fractions of units approved by the department	23182
on the basis of standards and rules adopted by the state board of	23183
education. As used in this division, "institution" means an	23184
institution operated by a department specified in section 3323.091	23185
of the Revised Code and that provides vocational education	23186
programs under the supervision of the division of vocational	23187
education of the department that meet the standards and rules for	23188
these programs, including licensure of professional staff involved	23189
in the programs, as established by the state board.	23190

(B) For the purpose of calculating payments under sections	23191
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	23192
department shall determine, based on information certified under	23193
section 3317.03 of the Revised Code, the following by the last day	23194
of January of each year for each educational service center, for	23195
each school district, including each cooperative education school	23196
district, for each institution eligible for payment under section	23197
3323.091 of the Revised Code, and for each county MR/DD board: the	23198
number of classes operated by the school district, service center,	23199
institution, or county MR/DD board for handicapped preschool	23200
children, or fraction thereof, including in the case of a district	23201
or service center that is a funding agent, classes taught by a	23202
licensed teacher employed by that district or service center under	23203
section 3313.841 of the Revised Code, approved annually by the	23204
department on the basis of standards and rules adopted by the	23205
state board.	23206

(C) For the purpose of calculating payments under sections	23207
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	23208
department shall determine, based on information certified under	23209
section 3317.03 of the Revised Code, the following by the last day	23210
of January of each year for each school district, including each	23211
cooperative education school district, for each institution	23212
eligible for payment under section 3323.091 of the Revised Code,	23213
and for each county MR/DD board: the number of preschool	23214
handicapped units for related services, as defined in section	23215
3323.01 of the Revised Code, approved annually by the department	23216
on the basis of standards and rules adopted by the state board.	23217

(D) All of the arithmetical calculations made under this	23218
section shall be carried to the second decimal place. The total	23219
number of units for school districts, service centers, and	23220
institutions approved annually under this section shall not exceed	23221
the number of units included in the estimate of cost for these	23222
units and appropriations made for them by the general assembly.	23223

In the case of handicapped preschool units described in	23224
division (B) of this section, the department shall approve only	23225
preschool units for children who are under age six on the	23226
thirtieth day of September of the academic year, or on the first	23227
day of August of the academic year if the school district in which	23228
the child is enrolled has adopted a resolution under division	23229
(A)(3) of section 3321.01 of the Revised Code, but not less than	23230
age three on the first day of December of the academic year,	23231
except that such a unit may include one or more children who are	23232
under age three or are age six or over on the applicable date, as	23233
reported under division (B)(2) or (G)(2)(b) of section 3317.03 of	23234
the Revised Code, if such children have been admitted to the unit	23235
pursuant to rules of the state board. The number of units for	23236
county MR/DD boards and institutions eligible for payment under	23237
section 3323.091 of the Revised Code approved under this section	23238
shall not exceed the number that can be funded with appropriations	23239
made for such purposes by the general assembly.	23240

No unit shall be approved under divisions (B) and (C) of this	23241
section unless a plan has been submitted and approved under	23242
Chapter 3323. of the Revised Code.	23243

(E) The department shall approve units or fractions thereof	23244
for gifted children on the basis of standards and rules adopted by	23245
the state board.	23246

Sec. 3317.052. As used in this section, "institution" means	23247
an institution operated by a department specified in division (A)	23248
of section 3323.091 of the Revised Code.	23249

(A)(1) The department of education shall pay each school	23250
district, educational service center, institution eligible for	23251
payment under section 3323.091 of the Revised Code, or county	23252
MR/DD board an amount for the total of all classroom units for	23253
handicapped preschool children approved under division (B) of	23254
section 3317.05 of the Revised Code. For each unit, the amount	23255
shall be the sum of the minimum salary for the teacher of the	23256
unit, calculated on the basis of the teacher's training level and	23257
years of experience pursuant to the salary schedule prescribed in	23258
the version of section 3317.13 of the Revised Code in effect prior	23259
to July 1, 2001, plus fifteen per cent of that minimum salary	23260
amount, and eight thousand twenty-three dollars.	23261

(2) The department shall pay each school district,	23262
educational service center, institution eligible for payment under	23263
section 3323.091 of the Revised Code, or county MR/DD board an	23264
amount for the total of all related services units for handicapped	23265
preschool children approved under division (C) of section 3317.05	23266
of the Revised Code. For each such unit, the amount shall be the	23267
sum of the minimum salary for the teacher of the unit calculated	23268
on the basis of the teacher's training level and years of	23269
experience pursuant to the salary schedule prescribed in the	23270
version of section 3317.13 of the Revised Code in effect prior to	23271
July 1, 2001, fifteen per cent of that minimum salary amount, and	23272
two thousand one hundred thirty-two dollars.	23273

(B) If a school district, educational service center, or	23274
county MR/DD board has had additional handicapped preschool units	23275
approved for the year under division (F)(2) or (G)(3) of section	23276
3317.03 of the Revised Code, the district, educational service	23277
center, or board shall receive an additional amount during the	23278
last half of the fiscal year. For each district, center, or board,	23279
the additional amount for each unit shall equal fifty per cent of	23280
the amounts computed for the unit in the manner prescribed by	23281
division (A) of this section and division (C) of section 3317.053	23282
of the Revised Code.	23283

(C) The department ~~shall~~may pay each institution approved	23284
for vocational education ~~units under division (A) of section~~	23285
~~3317.05 of the Revised Code an amount for the total of all the~~	23286
~~units approved under that division. The amount for each unit shall~~	23287
~~be the sum of the minimum salary for the teacher of the unit,~~	23288
~~calculated on the basis of the teacher's training level and years~~	23289
~~of experience pursuant to the salary schedule prescribed in the~~	23290
~~version of section 3317.13 of the Revised Code in effect prior to~~	23291
~~July 1, 2001, plus fifteen per cent of that minimum salary amount,~~	23292
~~and nine thousand five hundred ten dollars~~a grant amount based on	23293
the institution's submission of a comprehensive plan for a program	23294
to provide vocational education services. Each institution that	23295
receives ~~units funds~~a grant under this division annually shall	23296
report to the department on the delivery of services and the	23297
performance of students and any other information required by the	23298
department to evaluate the institution's vocational education	23299
program.	23300

Sec. 3317.06. Moneys paid to school districts under division	23301
(I) of section 3317.024 of the Revised Code shall be used for the	23302
following independent and fully severable purposes:	23303

(A) To purchase such secular textbooks or electronic	23304
textbooks as have been approved by the superintendent of public	23305
instruction for use in public schools in the state and to loan	23306
such textbooks or electronic textbooks to pupils attending	23307
nonpublic schools within the district or to their parents and to	23308
hire clerical personnel to administer such lending program. Such	23309
loans shall be based upon individual requests submitted by such	23310
nonpublic school pupils or parents. Such requests shall be	23311
submitted to the school district in which the nonpublic school is	23312
located. Such individual requests for the loan of textbooks or	23313
electronic textbooks shall, for administrative convenience, be	23314
submitted by the nonpublic school pupil or the pupil's parent to	23315
the nonpublic school, which shall prepare and submit collective	23316
summaries of the individual requests to the school district. As	23317
used in this section:	23318

(1) "Textbook" means any book or book substitute that a pupil	23319
uses as a consumable or nonconsumable text, text substitute, or	23320
text supplement in a particular class or program in the school the	23321
pupil regularly attends.	23322

(2) "Electronic textbook" means computer software,	23323
interactive videodisc, magnetic media, CD-ROM, computer	23324
courseware, local and remote computer assisted instruction,	23325
on-line service, electronic medium, or other means of conveying	23326
information to the student or otherwise contributing to the	23327
learning process through electronic means.	23328

(B) To provide speech and hearing diagnostic services to	23329
pupils attending nonpublic schools within the district. Such	23330
service shall be provided in the nonpublic school attended by the	23331
pupil receiving the service.	23332

(C) To provide physician, nursing, dental, and optometric	23333
services to pupils attending nonpublic schools within the	23334
district. Such services shall be provided in the school attended	23335
by the nonpublic school pupil receiving the service.	23336

(D) To provide diagnostic psychological services to pupils	23337
attending nonpublic schools within the district. Such services	23338
shall be provided in the school attended by the pupil receiving	23339
the service.	23340

(E) To provide therapeutic psychological and speech and	23341
hearing services to pupils attending nonpublic schools within the	23342
district. Such services shall be provided in the public school, in	23343
nonpublic schools, in public centers, or in mobile units located	23344
on or off of the nonpublic premises. If such services are provided	23345
in the public school or in public centers, transportation to and	23346
from such facilities shall be provided by the school district in	23347
which the nonpublic school is located.	23348

(F) To provide guidance ~~and~~, counseling, and social work	23349
services to pupils attending nonpublic schools within the	23350
district. Such services shall be provided in the public school, in	23351
nonpublic schools, in public centers, or in mobile units located	23352
on or off of the nonpublic premises. If such services are provided	23353
in the public school or in public centers, transportation to and	23354
from such facilities shall be provided by the school district in	23355
which the nonpublic school is located.	23356

(G) To provide remedial services to pupils attending	23357
nonpublic schools within the district. Such services shall be	23358
provided in the public school, in nonpublic schools, in public	23359
centers, or in mobile units located on or off of the nonpublic	23360
premises. If such services are provided in the public school or in	23361
public centers, transportation to and from such facilities shall	23362
be provided by the school district in which the nonpublic school	23363
is located.	23364

(H) To supply for use by pupils attending nonpublic schools	23365
within the district such standardized tests and scoring services	23366
as are in use in the public schools of the state;	23367

(I) To provide programs for children who attend nonpublic	23368
schools within the district and are handicapped children as	23369
defined in division (A) of section 3323.01 of the Revised Code or	23370
gifted children. Such programs shall be provided in the public	23371
school, in nonpublic schools, in public centers, or in mobile	23372
units located on or off of the nonpublic premises. If such	23373
programs are provided in the public school or in public centers,	23374
transportation to and from such facilities shall be provided by	23375
the school district in which the nonpublic school is located.	23376

(J) To hire clerical personnel to assist in the	23377
administration of programs pursuant to divisions (B), (C), (D),	23378
(E), (F), (G), and (I) of this section and to hire supervisory	23379
personnel to supervise the providing of services and textbooks	23380
pursuant to this section.	23381

(K) To purchase or lease any secular, neutral, and	23382
nonideological computer software (including site-licensing),	23383
prerecorded video laserdiscs, digital video on demand (DVD),	23384
compact discs, and video cassette cartridges, wide area	23385
connectivity and related technology as it relates to internet	23386
access, mathematics or science equipment and materials,	23387
instructional materials, and school library materials that are in	23388
general use in the public schools of the state and loan such items	23389
to pupils attending nonpublic schools within the district or to	23390
their parents, and to hire clerical personnel to administer the	23391
lending program. Only such items that are incapable of diversion	23392
to religious use and that are susceptible of loan to individual	23393
pupils and are furnished for the use of individual pupils shall be	23394
purchased and loaned under this division. As used in this section,	23395
"instructional materials" means prepared learning materials that	23396
are secular, neutral, and nonideological in character and are of	23397
benefit to the instruction of school children, and may include	23398
educational resources and services developed by the eTech Ohio	23399
commission.	23400

(L) To purchase or lease instructional equipment, including	23401
computer hardware and related equipment in general use in the	23402
public schools of the state, for use by pupils attending nonpublic	23403
schools within the district and to loan such items to pupils	23404
attending nonpublic schools within the district or to their	23405
parents, and to hire clerical personnel to administer the lending	23406
program.	23407

(M) To purchase mobile units to be used for the provision of	23408
services pursuant to divisions (E), (F), (G), and (I) of this	23409
section and to pay for necessary repairs and operating costs	23410
associated with these units.	23411

(N) To reimburse costs the district incurred to store the	23412
records of a chartered nonpublic school that closes.	23413
Reimbursements under this division shall be made one time only for	23414
each chartered nonpublic school that closes.	23415

Clerical and supervisory personnel hired pursuant to division	23416
(J) of this section shall perform their services in the public	23417
schools, in nonpublic schools, public centers, or mobile units	23418
where the services are provided to the nonpublic school pupil,	23419
except that such personnel may accompany pupils to and from the	23420
service sites when necessary to ensure the safety of the children	23421
receiving the services.	23422

All services provided pursuant to this section may be	23423
provided under contract with educational service centers, the	23424
department of health, city or general health districts, or private	23425
agencies whose personnel are properly licensed by an appropriate	23426
state board or agency.	23427

Transportation of pupils provided pursuant to divisions (E),	23428
(F), (G), and (I) of this section shall be provided by the school	23429
district from its general funds and not from moneys paid to it	23430
under division (I) of section 3317.024 of the Revised Code unless	23431
a special transportation request is submitted by the parent of the	23432
child receiving service pursuant to such divisions. If such an	23433
application is presented to the school district, it may pay for	23434
the transportation from moneys paid to it under division (I) of	23435
section 3317.024 of the Revised Code.	23436

No school district shall provide health or remedial services	23437
to nonpublic school pupils as authorized by this section unless	23438
such services are available to pupils attending the public schools	23439
within the district.	23440

Materials, equipment, computer hardware or software,	23441
textbooks, electronic textbooks, and health and remedial services	23442
provided for the benefit of nonpublic school pupils pursuant to	23443
this section and the admission of pupils to such nonpublic schools	23444
shall be provided without distinction as to race, creed, color, or	23445
national origin of such pupils or of their teachers.	23446

No school district shall provide services, materials, or	23447
equipment that contain religious content for use in religious	23448
courses, devotional exercises, religious training, or any other	23449
religious activity.	23450

As used in this section, "parent" includes a person standing	23451
in loco parentis to a child.	23452

Notwithstanding section 3317.01 of the Revised Code, payments	23453
shall be made under this section to any city, local, or exempted	23454
village school district within which is located one or more	23455
nonpublic elementary or high schools and any payments made to	23456
school districts under division (I) of section 3317.024 of the	23457
Revised Code for purposes of this section may be disbursed without	23458
submission to and approval of the controlling board.	23459

The allocation of payments for materials, equipment,	23460
textbooks, electronic textbooks, health services, and remedial	23461
services to city, local, and exempted village school districts	23462
shall be on the basis of the state board of education's estimated	23463
annual average daily membership in nonpublic elementary and high	23464
schools located in the district.	23465

Payments made to city, local, and exempted village school	23466
districts under this section shall be equal to specific	23467
appropriations made for the purpose. All interest earned by a	23468
school district on such payments shall be used by the district for	23469
the same purposes and in the same manner as the payments may be	23470
used.	23471

The department of education shall adopt guidelines and	23472
procedures under which such programs and services shall be	23473
provided, under which districts shall be reimbursed for	23474
administrative costs incurred in providing such programs and	23475
services, and under which any unexpended balance of the amounts	23476
appropriated by the general assembly to implement this section may	23477
be transferred to the auxiliary services personnel unemployment	23478
compensation fund established pursuant to section 4141.47 of the	23479
Revised Code. The department shall also adopt guidelines and	23480
procedures limiting the purchase and loan of the items described	23481
in division (K) of this section to items that are in general use	23482
in the public schools of the state, that are incapable of	23483
diversion to religious use, and that are susceptible to individual	23484
use rather than classroom use. Within thirty days after the end of	23485
each biennium, each board of education shall remit to the	23486
department all moneys paid to it under division (I) of section	23487
3317.024 of the Revised Code and any interest earned on those	23488
moneys that are not required to pay expenses incurred under this	23489
section during the biennium for which the money was appropriated	23490
and during which the interest was earned. If a board of education	23491
subsequently determines that the remittal of moneys leaves the	23492
board with insufficient money to pay all valid expenses incurred	23493
under this section during the biennium for which the remitted	23494
money was appropriated, the board may apply to the department of	23495
education for a refund of money, not to exceed the amount of the	23496
insufficiency. If the department determines the expenses were	23497
lawfully incurred and would have been lawful expenditures of the	23498
refunded money, it shall certify its determination and the amount	23499
of the refund to be made to the director of job and family	23500
services who shall make a refund as provided in section 4141.47 of	23501
the Revised Code.	23502

Each school district shall label materials, equipment,	23503
computer hardware or software, textbooks, and electronic textbooks	23504
purchased or leased for loan to a nonpublic school under this	23505
section, acknowledging that they were purchased or leased with	23506
state funds under this section. However, a district need not label	23507
materials, equipment, computer hardware or software, textbooks, or	23508
electronic textbooks that the district determines are consumable	23509
in nature or have a value of less than two hundred dollars.	23510

Sec. 3317.063. The superintendent of public instruction, in	23511
accordance with rules adopted by the department of education,	23512
shall annually reimburse each chartered nonpublic school for the	23513
actual mandated service administrative and clerical costs incurred	23514
by such school during the preceding school year in preparing,	23515
maintaining, and filing reports, forms, and records, and in	23516
providing such other administrative and clerical services that are	23517
not an integral part of the teaching process as may be required by	23518
state law or rule or by requirements duly promulgated by city,	23519
exempted village, or local school districts. The mandated service	23520
costs reimbursed pursuant to this section shall include, but are	23521
not limited to, the preparation, filing and maintenance of forms,	23522
reports, or records and other clerical and administrative services	23523
relating to state chartering or approval of the nonpublic school,	23524
pupil attendance, pupil health and health testing, transportation	23525
of pupils, federally funded education programs, pupil appraisal,	23526
pupil progress, educator licensure, unemployment and workers'	23527
compensation, transfer of pupils, and such other education related	23528
data which are now or hereafter shall be required of such	23529
nonpublic school by state law or rule, or by requirements of the	23530
state department of education, other state agencies, or city,	23531
exempted village, or local school districts.	23532

The reimbursement required by this section shall be for	23533
school years beginning on or after July 1, 1981.	23534

Each nonpublic school which seeks reimbursement pursuant to	23535
this section shall submit to the superintendent of public	23536
instruction an application together with such additional reports	23537
and documents as the department of education may require. Such	23538
application, reports, and documents shall contain such information	23539
as the department of education may prescribe in order to carry out	23540
the purposes of this section. No payment shall be made until the	23541
superintendent of public instruction has approved such	23542
application.	23543

Each nonpublic school which applies for reimbursement	23544
pursuant to this section shall maintain a separate account or	23545
system of accounts for the expenses incurred in rendering the	23546
required services for which reimbursement is sought. Such accounts	23547
shall contain such information as is required by the department of	23548
education and shall be maintained in accordance with rules adopted	23549
by the department of education.	23550

Reimbursement payments to a nonpublic school pursuant to this	23551
section shall not exceed an amount for each school year equal to	23552
~~two~~three hundred ~~seventy-five~~ dollars per pupil enrolled in that	23553
nonpublic school.	23554

The superintendent of public instruction may, from time to	23555
time, examine any and all accounts and records of a nonpublic	23556
school which have been maintained pursuant to this section in	23557
support of an application for reimbursement, for the purpose of	23558
determining the costs to such school of rendering the services for	23559
which reimbursement is sought. If after such audit it is	23560
determined that any school has received funds in excess of the	23561
actual cost of providing such services, said school shall	23562
immediately reimburse the state in such excess amount.	23563

Any payments made to chartered nonpublic schools under this	23564
section may be disbursed without submission to and approval of the	23565
controlling board.	23566

Sec. 3317.08. A board of education may admit to its schools	23567
a child it is not required by section 3313.64 or 3313.65 of the	23568
Revised Code to admit, if tuition is paid for the child.	23569

Unless otherwise provided by law, tuition shall be computed	23570
in accordance with this section. A district's tuition charge for a	23571
school year shall be one of the following:	23572

(A) For any child, except a handicapped preschool child	23573
described in division (B) of this section, the quotient obtained	23574
by dividing the sum of the amounts described in divisions (A)(1)	23575
and (2) of this section by the district's formula ADM.	23576

(1) The district's total taxes charged and payable for	23577
current expenses for the tax year preceding the tax year in which	23578
the school year begins as certified under division (A)(3) of	23579
section 3317.021 of the Revised Code.	23580

(2) The district's total taxes collected for current expenses	23581
under a school district income tax adopted pursuant to section	23582
5748.03 or 5748.08 of the Revised Code that are disbursed to the	23583
district during the fiscal year. On or before the first day of	23584
June of each year, the tax commissioner shall certify the amount	23585
to be used in the calculation under this division for the next	23586
fiscal year to the department of education and the office of	23587
budget and management for each city, local, and exempted village	23588
school district that levies a school district income tax.	23589

(B) For any handicapped preschool child not included in a	23590
unit approved under division (B) of section 3317.05 of the Revised	23591
Code, an amount computed for the school year as follows:	23592

(1) For each type of special education service provided to	23593
the child for whom tuition is being calculated, determine the	23594
amount of the district's operating expenses in providing that type	23595
of service to all handicapped preschool children not included in	23596
units approved under division (B) of section 3317.05 of the	23597
Revised Code;	23598

(2) For each type of special education service for which	23599
operating expenses are determined under division (B)(1) of this	23600
section, determine the amount of such operating expenses that was	23601
paid from any state funds received under this chapter;	23602

(3) For each type of special education service for which	23603
operating expenses are determined under division (B)(1) of this	23604
section, divide the difference between the amount determined under	23605
division (B)(1) of this section and the amount determined under	23606
division (B)(2) of this section by the total number of handicapped	23607
preschool children not included in units approved under division	23608
(B) of section 3317.05 of the Revised Code who received that type	23609
of service;	23610

(4) Determine the sum of the quotients obtained under	23611
division (B)(3) of this section for all types of special education	23612
services provided to the child for whom tuition is being	23613
calculated.	23614

The state board of education shall adopt rules defining the	23615
types of special education services and specifying the operating	23616
expenses to be used in the computation under this section.	23617

If any child for whom a tuition charge is computed under this	23618
section for any school year is enrolled in a district for only	23619
part of that school year, the amount of the district's tuition	23620
charge for the child for the school year shall be computed in	23621
proportion to the number of school days the child is enrolled in	23622
the district during the school year.	23623

Except as otherwise provided in division (J) of section	23624
3313.64 of the Revised Code, whenever a district admits a child to	23625
its schools for whom tuition computed in accordance with this	23626
section is an obligation of another school district, the amount of	23627
the tuition shall be certified by the treasurer of the board of	23628
education of the district of attendance, to the board of education	23629
of the district required to pay tuition for its approval and	23630
payment. If agreement as to the amount payable or the district	23631
required to pay the tuition cannot be reached, or the board of	23632
education of the district required to pay the tuition refuses to	23633
pay that amount, the board of education of the district of	23634
attendance shall notify the superintendent of public instruction.	23635
The superintendent shall determine the correct amount and the	23636
district required to pay the tuition and shall deduct that amount,	23637
if any, under division (G) of section 3317.023 of the Revised	23638
Code, from the district required to pay the tuition and add that	23639
amount to the amount allocated to the district attended under such	23640
division. The superintendent of public instruction shall send to	23641
the district required to pay the tuition an itemized statement	23642
showing such deductions at the time of such deduction.	23643

When a political subdivision owns and operates an airport,	23644
welfare, or correctional institution or other project or facility	23645
outside its corporate limits, the territory within which the	23646
facility is located is exempt from taxation by the school district	23647
within which such territory is located, and there are school age	23648
children residing within such territory, the political subdivision	23649
owning such tax exempt territory shall pay tuition to the district	23650
in which such children attend school. The tuition for these	23651
children shall be computed as provided for in this section.	23652

Sec. 3317.16. (A) As used in this section:

23653

(1) "State share percentage" means the percentage calculated	23654
for a joint vocational school district as follows:	23655

(a) Calculate the state base cost funding amount for the	23656
district under division (B) of this section. If the district would	23657
not receive any base cost funding for that year under that	23658
division, the district's state share percentage is zero.	23659

(b) If the district would receive base cost funding under	23660
that division, divide that base cost amount by an amount equal to	23661
the following:	23662

~~cost-of-doing-business factor X~~

23663

the formula amount X

23664

formula ADM

23665

The resultant number is the district's state share	23666
percentage.	23667

(2) The "total special education weight" for a joint	23668
vocational school district shall be calculated in the same manner	23669
as prescribed in division (B)(1) of section 3317.022 of the	23670
Revised Code.	23671

(3) The "total vocational education weight" for a joint	23672
vocational school district shall be calculated in the same manner	23673
as prescribed in division (B)(4) of section 3317.022 of the	23674
Revised Code.	23675

(4) The "total recognized valuation" of a joint vocational	23676
school district shall be determined by adding the recognized	23677
valuations of all its constituent school districts for the	23678
applicable fiscal year.	23679

(5) "Resident district" means the city, local, or exempted	23680
village school district in which a student is entitled to attend	23681
school under section 3313.64 or 3313.65 of the Revised Code.	23682

(6) "Community school" means a community school established	23683
under Chapter 3314. of the Revised Code.	23684

(B) The department of education shall compute and distribute	23685
state base cost funding to each joint vocational school district	23686
for the fiscal year in accordance with ~~division (B) of this~~	23687
~~section.~~	23688

~~(1) Compute~~ the following ~~for each eligible district~~formula:

23689

(~~cost-of-doing-business factor X~~

23690

formula amount X

23691

formula ADM) -

23692

(.0005 X total recognized valuation)

23693

If the difference obtained under this division is a negative	23694
number, the district's computation shall be zero.	23695

~~(2) Compute both of the following for each district:~~

23696

~~(a) The difference of (i) the district's fiscal year 2005~~	23697
~~base cost payment under the version of division (B) of this~~	23698
~~section in effect in fiscal year 2005, minus (ii) the amount~~	23699
~~computed for the district for the current fiscal year under~~	23700
~~current division (B)(1) of this section;~~	23701

~~(b) The following amount:~~

23702

~~[(fiscal year 2005 base cost payment/fiscal year 2005 formula~~

23703

~~ADM) X current year formula ADM] minus the amount computed for~~

23704

~~the district under current division (B)(1) of this section~~

23705

~~If one of the amounts computed under division (B)(2)(a) or~~	23706
~~(b) of this section is a positive amount, the department shall pay~~	23707
~~the district that amount in addition to the amount calculated~~	23708
~~under division (B)(1) of this section. If both amounts are~~	23709
~~positive amounts, the department shall pay the district the lesser~~	23710
~~of the two amounts in addition to the amount calculated under~~	23711
~~division (B)(1) of this section.~~	23712

(C)(1) The department shall compute and distribute state	23713
vocational education additional weighted costs funds to each joint	23714
vocational school district in accordance with the following	23715
formula:	23716

state share percentage X formula amount X

23717

total vocational education weight

23718

In each fiscal year, a joint vocational school district	23719
receiving funds under division (C)(1) of this section shall spend	23720
those funds only for the purposes the department designates as	23721
approved for vocational education expenses. Vocational educational	23722
expenses approved by the department shall include only expenses	23723
connected to the delivery of career-technical programming to	23724
career-technical students. The department shall require the joint	23725
vocational school district to report data annually so that the	23726
department may monitor the district's compliance with the	23727
requirements regarding the manner in which funding received under	23728
division (C)(1) of this section may be spent.	23729

(2) The department shall compute for each joint vocational	23730
school district state funds for vocational education associated	23731
services costs in accordance with the following formula:	23732

state share percentage X .05 X

23733

the formula amount X the sum of

23734

categories one and two vocational

23735

education ADM

23736

In any fiscal year, a joint vocational school district	23737
receiving funds under division (C)(2) of this section, or through	23738
a transfer of funds pursuant to division (L) of section 3317.023	23739
of the Revised Code, shall spend those funds only for the purposes	23740
that the department designates as approved for vocational	23741
education associated services expenses, which may include such	23742
purposes as apprenticeship coordinators, coordinators for other	23743
vocational education services, vocational evaluation, and other	23744
purposes designated by the department. The department may deny	23745
payment under division (C)(2) of this section to any district that	23746
the department determines is not operating those services or is	23747
using funds paid under division (C)(2) of this section, or through	23748
a transfer of funds pursuant to division (L) of section 3317.023	23749
of the Revised Code, for other purposes.	23750

(D)(1) The department shall compute and distribute state	23751
special education and related services additional weighted costs	23752
funds to each joint vocational school district in accordance with	23753
the following formula:	23754

state share percentage X formula amount X

23755

total special education weight

23756

(2)(a) As used in this division, the "personnel allowance"	23757
means thirty thousand dollars in fiscal years ~~2002, 2003, 2004,~~	23758
~~2005, 2006, and 2007~~2008 and 2009.	23759

(b) For the provision of speech language pathology services	23760
to students, including students who do not have individualized	23761
education programs prepared for them under Chapter 3323. of the	23762
Revised Code, and for no other purpose, the department shall pay	23763
each joint vocational school district an amount calculated under	23764
the following formula:	23765

(formula ADM divided by 2000) X the personnel

23766

allowance X state share percentage

23767

(3) In any fiscal year, a joint vocational school district	23768
shall spend for purposes that the department designates as	23769
approved for special education and related services expenses at	23770
least the amount calculated as follows:	23771

(~~cost-of-doing-business factor X~~ formula amount

23772

X the sum of categories one through

23773

six special education ADM) +

23774

(total special education weight X

23775

formula amount)

23776

The purposes approved by the department for special education	23777
expenses shall include, but shall not be limited to, compliance	23778
with state rules governing the education of handicapped children,	23779
providing services identified in a student's individualized	23780
education program as defined in section 3323.01 of the Revised	23781
Code, provision of speech language pathology services, and the	23782
portion of the district's overall administrative and overhead	23783
costs that are attributable to the district's special education	23784
student population.	23785

The department shall require joint vocational school	23786
districts to report data annually to allow for monitoring	23787
compliance with division (D)(3) of this section. The department	23788
shall annually report to the governor and the general assembly the	23789
amount of money spent by each joint vocational school district for	23790
special education and related services.	23791

(4) In any fiscal year, a joint vocational school district	23792
shall spend for the provision of speech language pathology	23793
services not less than the sum of the amount calculated under	23794
division (D)(1) of this section for the students in the district's	23795
category one special education ADM and the amount calculated under	23796
division (D)(2) of this section.	23797

(E)(1) If a joint vocational school district's costs for a	23798
fiscal year for a student in its categories two through six	23799
special education ADM exceed the threshold catastrophic cost for	23800
serving the student, as specified in division (C)(3)(b) of section	23801
3317.022 of the Revised Code, the district may submit to the	23802
superintendent of public instruction documentation, as prescribed	23803
by the superintendent, of all of its costs for that student. Upon	23804
submission of documentation for a student of the type and in the	23805
manner prescribed, the department shall pay to the district an	23806
amount equal to the sum of the following:	23807

(a) One-half of the district's costs for the student in	23808
excess of the threshold catastrophic cost;	23809

(b) The product of one-half of the district's costs for the	23810
student in excess of the threshold catastrophic cost multiplied by	23811
the district's state share percentage.	23812

(2) The district shall only report under division (E)(1) of	23813
this section, and the department shall only pay for, the costs of	23814
educational expenses and the related services provided to the	23815
student in accordance with the student's individualized education	23816
program. Any legal fees, court costs, or other costs associated	23817
with any cause of action relating to the student may not be	23818
included in the amount.	23819

(F) Each fiscal year, the department shall pay each joint	23820
vocational school district an amount for adult technical and	23821
vocational education and specialized consultants.	23822

(G)(1) A joint vocational school district's local share of	23823
special education and related services additional weighted costs	23824
equals:	23825

(1 - state share percentage) X

23826

Total special education weight X

23827

the formula amount

23828

(2) For each handicapped student receiving special education	23829
and related services under an individualized education program, as	23830
defined in section 3323.01 of the Revised Code, at a joint	23831
vocational district, the resident district or, if the student is	23832
enrolled in a community school, the community school shall be	23833
responsible for the amount of any costs of providing those special	23834
education and related services to that student that exceed the sum	23835
of the amount calculated for those services attributable to that	23836
student under divisions (B), (D), (E), and (G)(1) of this section.	23837

Those excess costs shall be calculated by subtracting the sum	23838
of the following from the actual cost to provide special education	23839
and related services to the student:	23840

(a) The ~~product of the~~ formula amount ~~times the~~	23841
~~cost-of-doing-business factor~~;	23842

(b) The product of the formula amount times the applicable	23843
multiple specified in section 3317.013 of the Revised Code;	23844

(c) Any funds paid under division (E) of this section for the	23845
student;	23846

(d) Any other funds received by the joint vocational school	23847
district under this chapter to provide special education and	23848
related services to the student, not including the amount	23849
calculated under division (G)(2) of this section.	23850

(3) The board of education of the joint vocational school	23851
district may report the excess costs calculated under division	23852
(G)(2) of this section to the department of education.	23853

(4) If the board of education of the joint vocational school	23854
district reports excess costs under division (G)(3) of this	23855
section, the department shall pay the amount of excess cost	23856
calculated under division (G)(2) of this section to the joint	23857
vocational school district and shall deduct that amount as	23858
provided in division (G)(4)(a) or (b) of this section, as	23859
applicable:	23860

(a) If the student is not enrolled in a community school, the	23861
department shall deduct the amount from the account of the	23862
student's resident district pursuant to division (M) of section	23863
3317.023 of the Revised Code.	23864

(b) If the student is enrolled in a community school, the	23865
department shall deduct the amount from the account of the	23866
community school pursuant to section 3314.083 of the Revised Code.	23867

Sec. 3317.161. If the department of education is required to	23868
pay an amount under section 3353.25 of the Revised Code to a	23869
school district delivering a course included in the clearinghouse	23870
established under section 3353.21 of the Revised Code for a	23871
student enrolled in a joint vocational school district, the	23872
department shall deduct the amount of that payment from the amount	23873
calculated for the joint vocational school district under section	23874
3317.16 of the Revised Code.	23875

Sec. 3317.20. This section does not apply to handicapped	23876
preschool children.	23877

(A) As used in this section:

23878

(1) "Applicable weight" means the multiple specified in	23879
section 3317.013 of the Revised Code for a handicap described in	23880
that section.	23881

(2) "Child's school district" means the school district in	23882
which a child is entitled to attend school pursuant to section	23883
3313.64 or 3313.65 of the Revised Code.	23884

(3) "State share percentage" means the state share percentage	23885
of the child's school district as defined in section 3317.022 of	23886
the Revised Code.	23887

(B) Except as provided in division (C) of this section, the	23888
department shall annually pay each county MR/DD board for each	23889
handicapped child, other than a handicapped preschool child, for	23890
whom the county MR/DD board provides special education and related	23891
services ~~the greater of the amount calculated under division~~	23892
~~(B)(1) or (2) of this section:~~	23893

~~(1) (The formula amount for fiscal year 2005 X the~~	23894
~~cost-of-doing-business factor for the child's school district for~~	23895
~~fiscal year 2005) + (state share percentage for fiscal year 2005 X~~	23896
~~formula amount for fiscal year 2005 X the applicable weight);~~	23897

~~(2) (The current~~an amount equal to the formula amount ~~times~~	23898
~~the current cost-of-doing-business factor for the child's school~~	23899
~~district)~~ + (state share percentage X ~~current~~ formula amount X the	23900
applicable weight).	23901

(C) If any school district places with a county MR/DD board	23902
more handicapped children than it had placed with a county MR/DD	23903
board in fiscal year 1998, the department shall not make a payment	23904
under division (B) of this section for the number of children	23905
exceeding the number placed in fiscal year 1998. The department	23906
instead shall deduct from the district's payments under this	23907
chapter, and pay to the county MR/DD board, an amount calculated	23908
in accordance with the formula prescribed in division (B) of this	23909
section for each child over the number of children placed in	23910
fiscal year 1998.	23911

(D) The department shall calculate for each county MR/DD	23912
board receiving payments under divisions (B) and (C) of this	23913
section the following amounts:	23914

(1) The amount received by the county MR/DD board for	23915
approved special education and related services units, other than	23916
preschool handicapped units, in fiscal year 1998, divided by the	23917
total number of children served in the units that year;	23918

(2) The product of the quotient calculated under division	23919
(D)(1) of this section times the number of children for whom	23920
payments are made under divisions (B) and (C) of this section.	23921

If the amount calculated under division (D)(2) of this	23922
section is greater than the total amount calculated under	23923
divisions (B) and (C) of this section, the department shall pay	23924
the county MR/DD board one hundred per cent of the difference in	23925
addition to the payments under divisions (B) and (C) of this	23926
section.	23927

Sec. 3317.201. This section does not apply to handicapped	23928
preschool children.	23929

(A) As used in this section, the "total special education	23930
weight" for an institution means the sum of the following amounts:	23931

(1) The number of children reported by the institution under	23932
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	23933
receiving services for a handicap described in division (A) of	23934
section 3317.013 of the Revised Code multiplied by the multiple	23935
specified in that division;	23936

(2) The number of children reported by the institution under	23937
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	23938
receiving services for a handicap described in division (B) of	23939
section 3317.013 of the Revised Code multiplied by the multiple	23940
specified in that division;	23941

(3) The number of children reported by the institution under	23942
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	23943
receiving services for a handicap described in division (C) of	23944
section 3317.013 of the Revised Code multiplied by the multiple	23945
specified in that division;	23946

(4) The number of children reported by the institution under	23947
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	23948
receiving services for a handicap described in division (D) of	23949
section 3317.013 of the Revised Code multiplied by the multiple	23950
specified in that division;	23951

(5) The number of children reported by the institution under	23952
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	23953
receiving services for a handicap described in division (E) of	23954
section 3317.013 of the Revised Code multiplied by the multiple	23955
specified in that division;	23956

(6) The number of children reported by the institution under	23957
division (G)(1)(a)~~(i)~~ of section 3317.03 of the Revised Code as	23958
receiving services for a handicap described in division (F) of	23959
section 3317.013 of the Revised Code multiplied by the multiple	23960
specified in that division.	23961

(B) ~~The~~For each fiscal year, the department of education	23962
~~annually~~ shall pay each state institution required to provide	23963
special education services under division (A) of section 3323.091	23964
of the Revised Code an amount equal to the greater of:	23965

(1) The formula amount times the institution's total special	23966
education weight;	23967

(2) The aggregate amount of special education and related	23968
services unit funding the institution received for all handicapped	23969
children other than handicapped preschool children in fiscal year	23970
2005 under sections 3317.052 and 3317.053 of the Revised Code, as	23971
those sections existed prior to ~~the effective date of this section~~	23972
June 30, 2005.	23973

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	23974
Revised Code:	23975

(A) "Ohio school facilities commission" means the commission	23976
created pursuant to section 3318.30 of the Revised Code.	23977

(B) "Classroom facilities" means rooms in which pupils	23978
regularly assemble in public school buildings to receive	23979
instruction and education and such facilities and building	23980
improvements for the operation and use of such rooms as may be	23981
needed in order to provide a complete educational program, and may	23982
include space within which a child care facility or a community	23983
resource center is housed. "Classroom facilities" includes any	23984
space necessary for the operation of a vocational education	23985
program for secondary students in any school district that	23986
operates such a program.	23987

(C) "Project" means a project to construct or acquire	23988
classroom facilities, or to reconstruct or make additions to	23989
existing classroom facilities, to be used for housing the	23990
applicable school district and its functions.	23991

(D) "School district" means a local, exempted village, or	23992
city school district as such districts are defined in Chapter	23993
3311. of the Revised Code, acting as an agency of state	23994
government, performing essential governmental functions of state	23995
government pursuant to sections 3318.01 to 3318.20 of the Revised	23996
Code.	23997

For purposes of assistance provided under sections 3318.40 to	23998
3318.45 of the Revised Code, the term "school district" as used in	23999
this section and in divisions (A), (C), and (D) of section 3318.03	24000
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	24001
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	24002
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	24003
Code means a joint vocational school district established pursuant	24004
to section 3311.18 of the Revised Code.	24005

(E) "School district board" means the board of education of a	24006
school district.	24007

(F) "Net bonded indebtedness" means the difference between	24008
the sum of the par value of all outstanding and unpaid bonds and	24009
notes which a school district board is obligated to pay and any	24010
amounts the school district is obligated to pay under	24011
lease-purchase agreements entered into under section 3313.375 of	24012
the Revised Code, and the amount held in the sinking fund and	24013
other indebtedness retirement funds for their redemption. Notes	24014
issued for school buses in accordance with section 3327.08 of the	24015
Revised Code, notes issued in anticipation of the collection of	24016
current revenues, and bonds issued to pay final judgments shall	24017
not be considered in calculating the net bonded indebtedness.	24018

"Net bonded indebtedness" does not include indebtedness	24019
arising from the acquisition of land to provide a site for	24020
classroom facilities constructed, acquired, or added to pursuant	24021
to sections 3318.01 to 3318.20 of the Revised Code or the par	24022
value of bonds that have been authorized by the electors and the	24023
proceeds of which will be used by the district to provide any part	24024
of its portion of the basic project cost.	24025

(G) "Board of elections" means the board of elections of the	24026
county containing the most populous portion of the school	24027
district.	24028

(H) "County auditor" means the auditor of the county in which	24029
the greatest value of taxable property of such school district is	24030
located.	24031

(I) "Tax duplicates" means the general tax lists and	24032
duplicates prescribed by sections 319.28 and 319.29 of the Revised	24033
Code.	24034

(J) "Required level of indebtedness" means:

24035

(1) In the case of school districts in the first percentile,	24036
five per cent of the district's valuation for the year preceding	24037
the year in which the controlling board approved the project under	24038
section 3318.04 of the Revised Code.	24039

(2) In the case of school districts ranked in a subsequent	24040
percentile, five per cent of the district's valuation for the year	24041
preceding the year in which the controlling board approved the	24042
project under section 3318.04 of the Revised Code, plus [two	24043
one-hundredths of one per cent multiplied by (the percentile in	24044
which the district ranks for the fiscal year preceding the fiscal	24045
year in which the controlling board approved the district's	24046
project minus one)].	24047

(K) "Required percentage of the basic project costs" means	24048
one per cent of the basic project costs times the percentile in	24049
which the school district ranks for the fiscal year preceding the	24050
fiscal year in which the controlling board approved the district's	24051
project.	24052

(L) "Basic project cost" means a cost amount determined in	24053
accordance with rules adopted under section 111.15 of the Revised	24054
Code by the Ohio school facilities commission. The basic project	24055
cost calculation shall take into consideration the square footage	24056
and cost per square foot necessary for the grade levels to be	24057
housed in the classroom facilities, the variation across the state	24058
in construction and related costs, the cost of the installation of	24059
site utilities and site preparation, the cost of demolition of all	24060
or part of any existing classroom facilities that are abandoned	24061
under the project, the cost of insuring the project until it is	24062
completed, any contingency reserve amount prescribed by the	24063
commission under section 3318.086 of the Revised Code, and the	24064
professional planning, administration, and design fees that a	24065
school district may have to pay to undertake a classroom	24066
facilities project.	24067

For a joint vocational school district that receives	24068
assistance under sections 3318.40 to 3318.45 of the Revised Code,	24069
the basic project cost calculation for a project under those	24070
sections shall also take into account the types of laboratory	24071
spaces and program square footages needed for the vocational	24072
education programs for high school students offered by the school	24073
district.	24074

(M)(1) Except for a joint vocational school district that	24075
receives assistance under sections 3318.40 to 3318.45 of the	24076
Revised Code, a "school district's portion of the basic project	24077
cost" means the amount determined under section 3318.032 of the	24078
Revised Code.	24079

(2) For a joint vocational school district that receives	24080
assistance under sections 3318.40 to 3318.45 of the Revised Code,	24081
a "school district's portion of the basic project cost" means the	24082
amount determined under division (C) of section 3318.42 of the	24083
Revised Code.	24084

(N) "Child care facility" means space within a classroom	24085
facility in which the needs of infants, toddlers, preschool	24086
children, and school children are provided for by persons other	24087
than the parent or guardian of such children for any part of the	24088
day, including persons not employed by the school district	24089
operating such classroom facility.	24090

(O) "Community resource center" means space within a	24091
classroom facility in which comprehensive services that support	24092
the needs of families and children are provided by community-based	24093
social service providers.	24094

(P) "Valuation" means the total value of all property in the	24095
school district as listed and assessed for taxation on the tax	24096
duplicates.	24097

(Q) "Percentile" means the percentile in which the school	24098
district is ranked pursuant to ~~division (D) of~~ section 3318.011 of	24099
the Revised Code.	24100

(R) "Installation of site utilities" means the installation	24101
of a site domestic water system, site fire protection system, site	24102
gas distribution system, site sanitary system, site storm drainage	24103
system, and site telephone and data system.	24104

(S) "Site preparation" means the earthwork necessary for	24105
preparation of the building foundation system, the paved	24106
pedestrian and vehicular circulation system, playgrounds on the	24107
project site, and lawn and planting on the project site.	24108

Sec. 3318.011. For purposes of providing assistance under	24109
sections 3318.01 to 3318.20 of the Revised Code, the department of	24110
education shall annually do all of the following:	24111

(A) Calculate the adjusted valuation per pupil of each city,	24112
local, and exempted village school district according to the	24113
following formula:	24114

The district's valuation per pupil -

24115

[$30,000 X (1 - the district's income factor)].

24116

For purposes of this calculation:

24117

(1) ~~"Valuation~~Except for a district with an open enrollment	24118
net gain that is ten per cent or more of its formula ADM,	24119
"valuation per pupil" for a district means its average taxable	24120
value, divided by its formula ADM ~~reported under section 3317.03~~	24121
~~of the Revised Code~~ for the previous fiscal year. "Valuation per	24122
pupil," for a district with an open enrollment net gain that is	24123
ten per cent or more of its formula ADM, means its average taxable	24124
value, divided by the sum of its formula ADM for the previous	24125
fiscal year plus its open enrollment net gain for the previous	24126
fiscal year.	24127

(2) "Average taxable value" means the average of the amounts	24128
certified for a district in the second, third, and fourth	24129
preceding fiscal years under divisions (A)(1) and (2) of section	24130
3317.021 of the Revised Code.	24131

(3) "~~Income~~Entitled to attend school" means entitled to	24132
attend school in a city, local, or exempted village school	24133
district under section 3313.64 or 3313.65 of the Revised Code.	24134

(4) "Formula ADM" and "income factor" ~~has~~have the same	24135
~~meaning~~meanings as in section 3317.02 of the Revised Code.	24136

(5) "Native student" has the same meaning as in section	24137
3313.98 of the Revised Code.	24138

(6) "Open enrollment net gain" for a district means (a) the	24139
number of the students entitled to attend school in another	24140
district but who are enrolled in the schools of the district under	24141
its open enrollment policy minus (b) the number of the district's	24142
native students who are enrolled in the schools of another	24143
district under the other district's open enrollment policy, both	24144
numbers as certified to the department under section 3313.981 of	24145
the Revised Code. If the difference is a negative number, the	24146
district's "open enrollment net gain" is zero.	24147

(7) "Open enrollment policy" means an interdistrict open	24148
enrollment policy adopted under section 3313.98 of the Revised	24149
Code.	24150

(B) Calculate for each district the three-year average of the	24151
adjusted valuations per pupil calculated for the district for the	24152
current and two preceding fiscal years;	24153

(C) Rank all such districts in order of adjusted valuation	24154
per pupil from the district with the lowest three-year average	24155
adjusted valuation per pupil to the district with the highest	24156
three-year average adjusted valuation per pupil;	24157

(D) Divide such ranking into percentiles with the first	24158
percentile containing the one per cent of school districts having	24159
the lowest three-year average adjusted valuations per pupil and	24160
the one-hundredth percentile containing the one per cent of school	24161
districts having the highest three-year average adjusted	24162
valuations per pupil;	24163

(E) Determine the school districts that have three-year	24164
average adjusted valuations per pupil that are greater than the	24165
median three-year average adjusted valuation per pupil for all	24166
school districts in the state;	24167

(F) On or before the first day of September, certify the	24168
information described in divisions (A) to (E) of this section to	24169
the Ohio school facilities commission.	24170

Notwithstanding anything in this section to the contrary, the	24171
department shall not rank any school district subject to division	24172
(F) of section 3318.36 of the Revised Code in a higher percentile	24173
than the percentile in which the district was ranked on the date	24174
the electors of the district approved a bond issue to pay the	24175
district's portion of the basic project cost. The percentile	24176
ranking resulting from this paragraph shall be used by the	24177
commission only to determine when the district is eligible for	24178
assistance under sections 3318.01 to 3318.20 of the Revised Code	24179
and shall not be used to calculate the district's portion of the	24180
basic project cost. For this purpose, the commission annually	24181
shall notify the department of all school districts that have	24182
become subject to division (F) of section 3318.36 of the Revised	24183
Code since the department completed its most recent school	24184
district rankings under this section.	24185

Sec. 3318.023. Notwithstanding anything to the contrary in	24186
section 3318.02 of the Revised Code, each fiscal year, at the time	24187
that the Ohio school facilities commission conditionally approves	24188
projects of school districts under ~~section~~sections 3318.01 to	24189
3318.20 of the Revised Code for which it plans to provide	24190
assistance under those sections for that fiscal year, the	24191
commission also shall identify the next ten school districts from	24192
lowest to highest in order of the ranking calculated for the	24193
previous fiscal year under ~~division (D) of~~ section 3318.011 of the	24194
Revised Code that have not yet been conditionally approved for	24195
assistance under ~~section~~sections 3318.01 to 3318.20 of the	24196
Revised Code. Those districts shall have priority in the order of	24197
such ranking with the lowest valuation having the highest priority	24198
for future assistance under those sections over all other school	24199
districts except for districts receiving assistance under division	24200
(B)(2) of section 3318.04, section 3318.37, or section 3318.38 of	24201
the Revised Code or districts that have priority under section	24202
3318.05 of the Revised Code.	24203

Sec. 3318.12. (A) The Ohio school facilities commission shall	24204
cause to be transferred to the school district's project	24205
construction fund the necessary amounts from amounts appropriated	24206
by the general assembly and set aside for such purpose, from time	24207
to time as may be necessary to pay obligations chargeable to such	24208
fund when due. All investment earnings of a school district's	24209
project construction fund shall be credited to the fund.	24210

(B)(1) The treasurer of the school district board shall	24211
disburse funds from the school district's project construction	24212
fund, including investment earnings credited to the fund, only	24213
upon the approval of the commission or the commission's designated	24214
representative. The commission or the commission's designated	24215
representative shall issue vouchers against such fund, in such	24216
amounts, and at such times as required by the contracts for	24217
construction of the project.	24218

(2) Notwithstanding anything to the contrary in division	24219
(B)(1) of this section, the school district board may, by a duly	24220
adopted resolution, choose to use all or part of the investment	24221
earnings of the district's project construction fund that are	24222
attributable to the district's contribution to the fund to pay the	24223
cost of classroom facilities or portions or components of	24224
classroom facilities that are not included in the district's basic	24225
project cost but that are related to the district's project. If	24226
the district board adopts a resolution in favor of using those	24227
investment earnings as authorized under division (B)(2) of this	24228
section, the treasurer shall disburse the amount as designated and	24229
directed by the board. However, if the district board chooses to	24230
use any part of the investment earnings for classroom facilities	24231
or portions or components of classroom facilities that are not	24232
included in the basic project cost, as authorized under division	24233
(B)(2) of this section, and, subsequently, the cost of the project	24234
exceeds the amount in the project construction fund, the district	24235
board shall restore to the project construction fund the full	24236
amount of the investment earnings used under division (B)(2) of	24237
this section before any additional state moneys shall be released	24238
for the project.	24239

24240

(1) ~~Any~~At the discretion of the school district board, any	24241
investment earnings remaining in the project construction fund	24242
that are attributable to the school district's contribution to the	24243
fund shall be ~~transferred~~:	24244

(a) Retained in the project construction fund for future	24245
projects;	24246

(b) Transferred to the district's maintenance fund required	24247
by division (B) of section 3318.05 or section 3318.43 of the	24248
Revised Code, and the money so transferred shall be used solely	24249
for maintaining the classroom facilities included in the project;	24250

24251

(2) Any investment earnings remaining in the project	24252
construction fund that are attributable to the state's	24253
contribution to the fund shall be transferred to the commission	24254
for expenditure pursuant to sections 3318.01 to 3318.20 or	24255
sections 3318.40 to 3318.45 of the Revised Code.	24256

(3) Any other surplus remaining in the school district's	24257
project construction fund after the project has been completed	24258
shall be transferred to the commission and the school district	24259
board in proportion to their respective contributions to the fund.	24260
The commission shall use the money transferred to it under this	24261
division for expenditure pursuant to sections 3318.01 to 3318.20	24262
or sections 3318.40 to 3318.45 of the Revised Code.	24263

(D) Pursuant to appropriations of the general assembly, any	24264
moneys transferred to the commission under division (C)(2) or (3)	24265
of this section from a project construction fund for a project	24266
under sections 3318.40 to 3318.45 of the Revised Code may be used	24267
for future expenditures for projects under sections 3318.40 to	24268
3318.45 of the Revised Code, notwithstanding the two per cent	24269
annual limit specified in division (B) of section 3318.40 of the	24270
Revised Code.	24271

Sec. 3318.15. There is hereby created the public school	24272
building fund within the state treasury consisting of any moneys	24273
transferred or appropriated to the fund by the general assembly,	24274
moneys paid into or transferred in accordance with section 3318.47	24275
of the Revised Code, and any grants, gifts, or contributions	24276
received by the Ohio school facilities commission to be used for	24277
the purposes of the fund. All investment earnings of the fund	24278
shall be credited to the fund.	24279

Moneys transferred or appropriated to the fund by the general	24280
assembly and moneys in the fund from grants, gifts, and	24281
contributions shall be used for the purposes of Chapter 3318. of	24282
the Revised Code as prescribed by the general assembly.	24283

Sec. 3318.26. (A) The provisions of this section apply only	24284
to obligations issued by the issuing authority prior to December	24285
1, 1999.	24286

(B) Subject to the limitations provided in section 3318.29 of	24287
the Revised Code, the issuing authority, upon the certification by	24288
the Ohio school facilities commission to the issuing authority of	24289
the amount of moneys or additional moneys needed in the school	24290
building program assistance fund for the purposes of sections	24291
3318.01 to 3318.20 and sections 3318.40 to 3318.45 of the Revised	24292
Code, or needed for capitalized interest, for funding reserves,	24293
and for paying costs and expenses incurred in connection with the	24294
issuance, carrying, securing, paying, redeeming, or retirement of	24295
the obligations or any obligations refunded thereby, including	24296
payment of costs and expenses relating to letters of credit, lines	24297
of credit, insurance, put agreements, standby purchase agreements,	24298
indexing, marketing, remarketing and administrative arrangements,	24299
interest swap or hedging agreements, and any other credit	24300
enhancement, liquidity, remarketing, renewal, or refunding	24301
arrangements, all of which are authorized by this section, shall	24302
issue obligations of the state under this section in the required	24303
amount. The proceeds of such obligations, except for obligations	24304
issued to provide moneys for the school building program	24305
assistance fund shall be deposited by the treasurer of state in	24306
special funds, including reserve funds, as provided in the bond	24307
proceedings. The issuing authority may appoint trustees, paying	24308
agents, and transfer agents and may retain the services of	24309
financial advisors and accounting experts and retain or contract	24310
for the services of marketing, remarketing, indexing, and	24311
administrative agents, other consultants, and independent	24312
contractors, including printing services, as are necessary in the	24313
issuing authority's judgment to carry out this section. The costs	24314
of such services are payable from the school building program	24315
assistance fund or any special fund determined by the issuing	24316
authority.	24317

(C) The holders or owners of such obligations shall have no	24318
right to have moneys raised by taxation obligated or pledged, and	24319
moneys raised by taxation shall not be obligated or pledged, for	24320
the payment of bond service charges. Such holders or owners shall	24321
have no rights to payment of bond service charges from any money	24322
or property received by the commission, treasurer of state, or the	24323
state, or from any other use of the proceeds of the sale of the	24324
obligations, and no such moneys may be used for the payment of	24325
bond service charges, except for accrued interest, capitalized	24326
interest, and reserves funded from proceeds received upon the sale	24327
of the obligations and except as otherwise expressly provided in	24328
the applicable bond proceedings pursuant to written directions by	24329
the treasurer of state. The right of such holders and owners to	24330
payment of bond service charges shall be limited to all or that	24331
portion of the pledged receipts and those special funds pledged	24332
thereto pursuant to the bond proceedings in accordance with this	24333
section, and each such obligation shall bear on its face a	24334
statement to that effect.	24335

(D) Obligations shall be authorized by resolution or order of	24336
the issuing authority and the bond proceedings shall provide for	24337
the purpose thereof and the principal amount or amounts, and shall	24338
provide for or authorize the manner or agency for determining the	24339
principal maturity or maturities, not exceeding the limits	24340
specified in section 3318.29 of the Revised Code, the interest	24341
rate or rates or the maximum interest rate, the date of the	24342
obligations and the dates of payment of interest thereon, their	24343
denomination, and the establishment within or without the state of	24344
a place or places of payment of bond service charges. Sections	24345
9.98 to 9.983 of the Revised Code are applicable to obligations	24346
issued under this section, subject to any applicable limitation	24347
under section 3318.29 of the Revised Code. The purpose of such	24348
obligations may be stated in the bond proceedings in terms	24349
describing the general purpose or purposes to be served. The bond	24350
proceedings shall also provide, subject to the provisions of any	24351
other applicable bond proceedings, for the pledge of all, or such	24352
part as the issuing authority may determine, of the pledged	24353
receipts and the applicable special fund or funds to the payment	24354
of bond service charges, which pledges may be made either prior or	24355
subordinate to other expenses, claims, or payments, and may be	24356
made to secure the obligations on a parity with obligations	24357
theretofore or thereafter issued, if and to the extent provided in	24358
the bond proceedings. The pledged receipts and special funds so	24359
pledged and thereafter received by the state are immediately	24360
subject to the lien of such pledge without any physical delivery	24361
thereof or further act, and the lien of any such pledges is valid	24362
and binding against all parties having claims of any kind against	24363
the state or any governmental agency of the state, irrespective of	24364
whether such parties have notice thereof, and shall create a	24365
perfected security interest for all purposes of Chapter 1309. of	24366
the Revised Code, without the necessity for separation or delivery	24367
of funds or for the filing or recording of the bond proceedings by	24368
which such pledge is created or any certificate, statement or	24369
other document with respect thereto; and the pledge of such	24370
pledged receipts and special funds is effective and the money	24371
therefrom and thereof may be applied to the purposes for which	24372
pledged without necessity for any act of appropriation, except as	24373
required by section 3770.06 of the Revised Code. Every pledge, and	24374
every covenant and agreement made with respect thereto, made in	24375
the bond proceedings may therein be extended to the benefit of the	24376
owners and holders of obligations authorized by this section, and	24377
to any trustee therefor, for the further security of the payment	24378
of the bond service charges.	24379

(E) The bond proceedings may contain additional provisions as	24380
to:	24381

(1) The redemption of obligations prior to maturity at the	24382
option of the issuing authority at such price or prices and under	24383
such terms and conditions as are provided in the bond proceedings;	24384

(2) Other terms of the obligations;

24385

(3) Limitations on the issuance of additional obligations;

24386

(4) The terms of any trust agreement or indenture securing	24387
the obligations or under which the same may be issued;	24388

(5) The deposit, investment and application of special funds,	24389
and the safeguarding of moneys on hand or on deposit, without	24390
regard to Chapter 131., 133., or 135. of the Revised Code, but	24391
subject to any special provisions of sections 3318.21 to 3318.29	24392
of the Revised Code, with respect to particular funds or moneys,	24393
provided that any bank or trust company that acts as depository of	24394
any moneys in the special funds may furnish such indemnifying	24395
bonds or may pledge such securities as required by the issuing	24396
authority;	24397

(6) Any or every provision of the bond proceedings being	24398
binding upon such officer, board, commission, authority, agency,	24399
department, or other person or body as may from time to time have	24400
the authority under law to take such actions as may be necessary	24401
to perform all or any part of the duty required by such provision;	24402

(7) Any provision that may be made in a trust agreement or	24403
indenture;	24404

(8) The lease or sublease of any interest of the school	24405
district or the state in one or more projects as defined in	24406
division (C) of section 3318.01 of the Revised Code, or in one or	24407
more permanent improvements, to or from the issuing authority, as	24408
provided in one or more lease or sublease agreements between the	24409
school or the state and the issuing authority;	24410

(9) Any other or additional agreements with the holders of	24411
the obligations, or the trustee therefor, relating to the	24412
obligations or the security therefor.	24413

(F) The obligations may have the great seal of the state or a	24414
facsimile thereof affixed thereto or printed thereon. The	24415
obligations and any coupons pertaining to obligations shall be	24416
signed or bear the facsimile signature of the issuing authority.	24417
Any obligations or coupons may be executed by the person who, on	24418
the date of execution, is the proper issuing authority although on	24419
the date of such bonds or coupons such person was not the issuing	24420
authority. In case the issuing authority whose signature or a	24421
facsimile of whose signature appears on any such obligation or	24422
coupon ceases to be the issuing authority before delivery thereof,	24423
such signature or facsimile is nevertheless valid and sufficient	24424
for all purposes as if the issuing authority had remained the	24425
issuing authority until such delivery; and in case the seal to be	24426
affixed to obligations has been changed after a facsimile of the	24427
seal has been imprinted on such obligations, such facsimile seal	24428
shall continue to be sufficient as to such obligations and	24429
obligations issued in substitution or exchange therefor.	24430

(G) All obligations are negotiable instruments and securities	24431
under Chapter 1308. of the Revised Code, subject to the provisions	24432
of the bond proceedings as to registration. The obligations may be	24433
issued in coupon or in registered form, or both, as the issuing	24434
authority determines. Provision may be made for the registration	24435
of any obligations with coupons attached thereto as to principal	24436
alone or as to both principal and interest, their exchange for	24437
obligations so registered, and for the conversion or reconversion	24438
into obligations with coupons attached thereto of any obligations	24439
registered as to both principal and interest, and for reasonable	24440
charges for such registration, exchange, conversion, and	24441
reconversion.	24442

(H) Obligations may be sold at public sale or at private	24443
sale, as determined in the bond proceedings.	24444

(I) Pending preparation of definitive obligations, the	24445
issuing authority may issue interim receipts or certificates which	24446
shall be exchanged for such definitive obligations.	24447

(J) In the discretion of the issuing authority, obligations	24448
may be secured additionally by a trust agreement or indenture	24449
between the issuing authority and a corporate trustee which may be	24450
any trust company or bank having ~~its principal~~a place of business	24451
within the state. Any such agreement or indenture may contain the	24452
resolution or order authorizing the issuance of the obligations,	24453
any provisions that may be contained in any bond proceedings, and	24454
other provisions that are customary or appropriate in an agreement	24455
or indenture of such type, including, but not limited to:	24456

(1) Maintenance of each pledge, trust agreement, indenture,	24457
or other instrument comprising part of the bond proceedings until	24458
the state has fully paid the bond service charges on the	24459
obligations secured thereby, or provision therefor has been made;	24460

(2) In the event of default in any payments required to be	24461
made by the bond proceedings, or any other agreement of the	24462
issuing authority made as a part of the contract under which the	24463
obligations were issued, enforcement of such payments or agreement	24464
by mandamus, the appointment of a receiver, suit in equity, action	24465
at law, or any combination of the foregoing;	24466

(3) The rights and remedies of the holders of obligations and	24467
of the trustee, and provisions for protecting and enforcing them,	24468
including limitations on rights of individual holders of	24469
obligations;	24470

(4) The replacement of any obligations that become mutilated	24471
or are destroyed, lost, or stolen;	24472

(5) Such other provisions as the trustee and the issuing	24473
authority agree upon, including limitations, conditions, or	24474
qualifications relating to any of the foregoing.	24475

(K) Any holder of obligations or a trustee under the bond	24476
proceedings, except to the extent that the holder's or trustee's	24477
rights are restricted by the bond proceedings, may by any suitable	24478
form of legal proceedings, protect and enforce any rights under	24479
the laws of this state or granted by such bond proceedings. Such	24480
rights include the right to compel the performance of all duties	24481
of the issuing authority, the commission, or the director of	24482
budget and management required by sections 3318.21 to 3318.29 of	24483
the Revised Code or the bond proceedings; to enjoin unlawful	24484
activities; and in the event of default with respect to the	24485
payment of any bond service charges on any obligations or in the	24486
performance of any covenant or agreement on the part of the	24487
issuing authority, the commission, or the director of budget and	24488
management in the bond proceedings, to apply to a court having	24489
jurisdiction of the cause to appoint a receiver to receive and	24490
administer the pledged receipts and special funds, other than	24491
those in the custody of the treasurer of state or the commission,	24492
which are pledged to the payment of the bond service charges on	24493
such obligations or which are the subject of the covenant or	24494
agreement, with full power to pay, and to provide for payment of	24495
bond service charges on, such obligations, and with such powers,	24496
subject to the direction of the court, as are accorded receivers	24497
in general equity cases, excluding any power to pledge additional	24498
revenues or receipts or other income or moneys of the issuing	24499
authority or the state or governmental agencies of the state to	24500
the payment of such principal and interest and excluding the power	24501
to take possession of, mortgage, or cause the sale or otherwise	24502
dispose of any permanent improvement.	24503

Each duty of the issuing authority and the issuing	24504
authority's officers and employees, and of each governmental	24505
agency and its officers, members, or employees, undertaken	24506
pursuant to the bond proceedings or any agreement or loan made	24507
under authority of sections 3318.21 to 3318.29 of the Revised	24508
Code, and in every agreement by or with the issuing authority, is	24509
hereby established as a duty of the issuing authority, and of each	24510
such officer, member, or employee having authority to perform such	24511
duty, specifically enjoined by the law resulting from an office,	24512
trust, or station within the meaning of section 2731.01 of the	24513
Revised Code.	24514

The person who is at the time the issuing authority, or the	24515
issuing authority's officers or employees, are not liable in their	24516
personal capacities on any obligations issued by the issuing	24517
authority or any agreements of or with the issuing authority.	24518

(L) Obligations issued under this section are lawful	24519
investments for banks, societies for savings, savings and loan	24520
associations, deposit guarantee associations, trust companies,	24521
trustees, fiduciaries, insurance companies, including domestic for	24522
life and domestic not for life, trustees or other officers having	24523
charge of sinking and bond retirement or other special funds of	24524
political subdivisions and taxing districts of this state, the	24525
commissioners of the sinking fund of the state, the administrator	24526
of workers' compensation, the state teachers retirement system,	24527
the public employees retirement system, the school employees	24528
retirement system, and the Ohio police and fire pension fund,	24529
notwithstanding any other provisions of the Revised Code or rules	24530
adopted pursuant thereto by any governmental agency of the state	24531
with respect to investments by them, and also are acceptable as	24532
security for the deposit of public moneys.	24533

(M) Unless otherwise provided in any applicable bond	24534
proceedings, moneys to the credit of or in the special funds	24535
established by or pursuant to this section may be invested by or	24536
on behalf of the issuing authority only in notes, bonds, or other	24537
obligations of the United States, or of any agency or	24538
instrumentality of the United States, obligations guaranteed as to	24539
principal and interest by the United States, obligations of this	24540
state or any political subdivision of this state, and certificates	24541
of deposit of any national bank located in this state and any	24542
bank, as defined in section 1101.01 of the Revised Code, subject	24543
to inspection by the superintendent of financial institutions. If	24544
the law or the instrument creating a trust pursuant to division	24545
(J) of this section expressly permits investment in direct	24546
obligations of the United States or an agency of the United	24547
States, unless expressly prohibited by the instrument, such moneys	24548
also may be invested in no front end load money market mutual	24549
funds consisting exclusively of obligations of the United States	24550
or an agency of the United States and in repurchase agreements,	24551
including those issued by the fiduciary itself, secured by	24552
obligations of the United States or an agency of the United	24553
States; and in collective investment funds established in	24554
accordance with section 1111.14 of the Revised Code and consisting	24555
exclusively of any such securities, notwithstanding division	24556
(B)(1)(c) of that section. The income from such investments shall	24557
be credited to such funds as the issuing authority determines, and	24558
such investments may be sold at such times as the issuing	24559
authority determines or authorizes.	24560

(N) Provision may be made in the applicable bond proceedings	24561
for the establishment of separate accounts in the bond service	24562
fund and for the application of such accounts only to the	24563
specified bond service charges on obligations pertinent to such	24564
accounts and bond service fund and for other accounts therein	24565
within the general purposes of such fund. Unless otherwise	24566
provided in any applicable bond proceedings, moneys to the credit	24567
of or in the several special funds established pursuant to this	24568
section shall be disbursed on the order of the treasurer of state,	24569
provided that no such order is required for the payment from the	24570
bond service fund when due of bond service charges on obligations.	24571

(O) The issuing authority may pledge all, or such portion as	24572
the issuing authority determines, of the pledged receipts to the	24573
payment of bond service charges on obligations issued under this	24574
section, and for the establishment and maintenance of any	24575
reserves, as provided in the bond proceedings, and make other	24576
provisions therein with respect to pledged receipts as authorized	24577
by this chapter, which provisions shall be controlling	24578
notwithstanding any other provisions of law pertaining thereto.	24579

(P) The issuing authority may covenant in the bond	24580
proceedings, and any such covenants shall be controlling	24581
notwithstanding any other provision of law, that the state and	24582
applicable officers and governmental agencies of the state,	24583
including the general assembly, so long as any obligations are	24584
outstanding, shall:	24585

(1) Maintain statutory authority for and cause to be operated	24586
the state lottery, including the transfers to and from the lottery	24587
profits education fund created in section 3770.06 of the Revised	24588
Code so that the pledged receipts shall be sufficient in amount to	24589
meet bond service charges, and the establishment and maintenance	24590
of any reserves and other requirements provided for in the bond	24591
proceedings;	24592

(2) Take or permit no action, by statute or otherwise, that	24593
would impair the exclusion from gross income for federal income	24594
tax purposes of the interest on any obligations designated by the	24595
bond proceeding as tax-exempt obligations.	24596

(Q) There is hereby created the school building program bond	24597
service fund, which shall be in the custody of the treasurer of	24598
state but shall be separate and apart from and not a part of the	24599
state treasury. All moneys received by or on account of the	24600
issuing authority or state agencies and required by the applicable	24601
bond proceedings, consistent with this section, to be deposited,	24602
transferred, or credited to the school building program bond	24603
service fund, and all other moneys transferred or allocated to or	24604
received for the purposes of the fund, shall be deposited and	24605
credited to such fund and to any separate accounts therein,	24606
subject to applicable provisions of the bond proceedings, but	24607
without necessity for any act of appropriation, except as required	24608
by section 3770.06 of the Revised Code. During the period	24609
beginning with the date of the first issuance of obligations and	24610
continuing during such time as any such obligations are	24611
outstanding, and so long as moneys in the school building program	24612
bond service fund are insufficient to pay all bond service charges	24613
on such obligations becoming due in each year, a sufficient amount	24614
of the moneys from the lottery profits education fund included in	24615
pledged receipts, subject to appropriation for such purpose as	24616
provided in section 3770.06 of the Revised Code, are committed and	24617
shall be paid to the school building program bond service fund in	24618
each year for the purpose of paying the bond service charges	24619
becoming due in that year. The school building program bond	24620
service fund is a trust fund and is hereby pledged to the payment	24621
of bond service charges solely on obligations issued to provide	24622
moneys for the school building program assistance fund to the	24623
extent provided in the applicable bond proceedings, and payment	24624
thereof from such fund shall be made or provided for by the	24625
treasurer of state in accordance with such bond proceedings	24626
without necessity for any act of appropriation except as required	24627
by section 3770.06 of the Revised Code.	24628

(R) The obligations, the transfer thereof, and the income	24629
therefrom, including any profit made on the sale thereof, at all	24630
times shall be free from taxation within the state.	24631

Sec. 3318.36. (A)(1) As used in this section:

24632

(a) "Ohio school facilities commission," "classroom	24633
facilities," "school district," "school district board," "net	24634
bonded indebtedness," "required percentage of the basic project	24635
costs," "basic project cost," "valuation," and "percentile" have	24636
the same meanings as in section 3318.01 of the Revised Code.	24637

(b) "Required level of indebtedness" means five per cent of	24638
the school district's valuation for the year preceding the year in	24639
which the commission and school district enter into an agreement	24640
under division (B) of this section, plus [two one-hundredths of	24641
one per cent multiplied by (the percentile in which the district	24642
ranks minus one)].	24643

(c) "Local resources" means any moneys generated in any	24644
manner permitted for a school district board to raise the school	24645
district portion of a project undertaken with assistance under	24646
sections 3318.01 to 3318.20 of the Revised Code.	24647

(2) For purposes of determining either the required level of	24648
indebtedness, as defined in division (A)(1)(b) of this section, or	24649
the required percentage of the basic project costs, under division	24650
(C)(1) of this section, the percentile ranking of a school	24651
district with which the commission has entered into an agreement	24652
under this section between the first day of July and the	24653
thirty-first day of August in each fiscal year is the percentile	24654
ranking calculated for that district for the immediately preceding	24655
fiscal year, and the percentile ranking of a school district with	24656
which the commission has entered into such agreement between the	24657
first day of September and the thirtieth day of June in each	24658
fiscal year is the percentile ranking calculated for that district	24659
for the current fiscal year.	24660

(B)(1) There is hereby established the school building	24661
assistance expedited local partnership program. Under the program,	24662
the Ohio school facilities commission may enter into an agreement	24663
with the school district board of any school district under which	24664
the school district board may proceed with the new construction or	24665
major repairs of a part of the school district's classroom	24666
facilities needs, as determined under sections 3318.01 to 3318.20	24667
of the Revised Code, through the expenditure of local resources	24668
prior to the school district's eligibility for state assistance	24669
under sections 3318.01 to 3318.20 of the Revised Code and may	24670
apply that expenditure toward meeting the school district's	24671
portion of the basic project cost of the total of the school	24672
district's classroom facilities needs, as determined under	24673
sections 3318.01 to 3318.20 of the Revised Code and as	24674
recalculated under division (E) of this section, that are eligible	24675
for state assistance under sections 3318.01 to 3318.20 of the	24676
Revised Code when the school district becomes eligible for such	24677
state assistance. Any school district that is reasonably expected	24678
to receive assistance under sections 3318.01 to 3318.20 of the	24679
Revised Code within two fiscal years from the date the school	24680
district adopts its resolution under division (B) of this section	24681
shall not be eligible to participate in the program.	24682

(2) To participate in the program, a school district board	24683
shall first adopt a resolution certifying to the commission the	24684
board's intent to participate in the program.	24685

The resolution shall specify the approximate date that the	24686
board intends to seek elector approval of any bond or tax measures	24687
or to apply other local resources to use to pay the cost of	24688
classroom facilities to be constructed under this section. The	24689
resolution may specify the application of local resources or	24690
elector-approved bond or tax measures after the resolution is	24691
adopted by the board, and in such case the board may proceed with	24692
a discrete portion of its project under this section as soon as	24693
the commission and the controlling board have approved the basic	24694
project cost of the district's classroom facilities needs as	24695
specified in division (D) of this section. The board shall submit	24696
its resolution to the commission not later than ten days after the	24697
date the resolution is adopted by the board.	24698

The commission shall not consider any resolution that is	24699
submitted pursuant to division (B)(2) of this section, as amended	24700
by this amendment, sooner than September 14, 2000.	24701

(3) Any project under this section shall comply with section	24702
3318.03 of the Revised Code and with any specifications for plans	24703
and materials for classroom facilities adopted by the commission	24704
under section 3318.04 of the Revised Code.	24705

(4) If a school district that enters into an agreement under	24706
this section has not begun a project applying local resources as	24707
provided for under that agreement at the time the district is	24708
notified by the commission that it is eligible to receive state	24709
assistance under sections 3318.01 to 3318.20 of the Revised Code,	24710
all assessment and agreement documents entered into under this	24711
section are void.	24712

(5) Only construction of or repairs to classroom facilities	24713
that have been approved by the commission and have been therefore	24714
included as part of a district's basic project cost qualify for	24715
application of local resources under this section.	24716

(C) Based on the results of the on-site visits and assessment	24717
conducted under division (B)(2) of this section, the commission	24718
shall determine the basic project cost of the school district's	24719
classroom facilities needs. The commission shall determine the	24720
school district's portion of such basic project cost, which shall	24721
be the greater of:	24722

(1) The required percentage of the basic project costs,	24723
determined based on the school district's percentile ranking;	24724

(2) An amount necessary to raise the school district's net	24725
bonded indebtedness, as of the fiscal year the commission and the	24726
school district enter into the agreement under division (B) of	24727
this section, to within five thousand dollars of the required	24728
level of indebtedness.	24729

(D)(1) When the commission determines the basic project cost	24730
of the classroom facilities needs of a school district and the	24731
school district's portion of that basic project cost under	24732
division (C) of this section, the project shall be conditionally	24733
approved. Such conditional approval shall be submitted to the	24734
controlling board for approval thereof. The controlling board	24735
shall forthwith approve or reject the commission's determination,	24736
conditional approval, and the amount of the state's portion of the	24737
basic project cost; however, no state funds shall be encumbered	24738
under this section. Upon approval by the controlling board, the	24739
school district board may identify a discrete part of its	24740
classroom facilities needs, which shall include only new	24741
construction of or additions or major repairs to a particular	24742
building, to address with local resources. Upon identifying a part	24743
of the school district's basic project cost to address with local	24744
resources, the school district board may allocate any available	24745
school district moneys to pay the cost of that identified part,	24746
including the proceeds of an issuance of bonds if approved by the	24747
electors of the school district.	24748

All local resources utilized under this division shall first	24749
be deposited in the project construction account required under	24750
section 3318.08 of the Revised Code.	24751

(2) Unless the school district board exercises its option	24752
under division (D)(3) of this section, for a school district to	24753
qualify for participation in the program authorized under this	24754
section, one of the following conditions shall be satisfied:	24755

(a) The electors of the school district by a majority vote	24756
shall approve the levy of taxes outside the ten-mill limitation	24757
for a period of twenty-three years at the rate of not less than	24758
one-half mill for each dollar of valuation to be used to pay the	24759
cost of maintaining the classroom facilities included in the basic	24760
project cost as determined by the commission. The form of the	24761
ballot to be used to submit the question whether to approve the	24762
tax required under this division to the electors of the school	24763
district shall be the form for an additional levy of taxes	24764
prescribed in section 3318.361 of the Revised Code, which may be	24765
combined in a single ballot question with the questions prescribed	24766
under section 5705.218 of the Revised Code.	24767

(b) As authorized under division (C) of section 3318.05 of	24768
the Revised Code, the school district board shall earmark from the	24769
proceeds of a permanent improvement tax levied under section	24770
5705.21 of the Revised Code, an amount equivalent to the	24771
additional tax otherwise required under division (D)(2)(a) of this	24772
section for the maintenance of the classroom facilities included	24773
in the basic project cost as determined by the commission.	24774

(c) As authorized under section 3318.051 of the Revised Code,	24775
the school district board shall, if approved by the commission,	24776
annually transfer into the maintenance fund required under section	24777
3318.05 of the Revised Code the amount prescribed in section	24778
3318.051 of the Revised Code in lieu of the tax otherwise required	24779
under division (D)(2)(a) of this section for the maintenance of	24780
the classroom facilities included in the basic project cost as	24781
determined by the commission.	24782

(d) If the school district board has rescinded the agreement	24783
to make transfers under section 3318.051 of the Revised Code, as	24784
provided under division (F) of that section, the electors of the	24785
school district, in accordance with section 3318.063 of the	24786
Revised Code, first shall approve the levy of taxes outside the	24787
ten-mill limitation for the period specified in that section at a	24788
rate of not less than one-half mill for each dollar of valuation.	24789

(e) The school district board shall apply the proceeds of a	24790
tax to leverage bonds as authorized under section 3318.052 of the	24791
Revised Code or dedicate a local donated contribution in the	24792
manner described in division (B) of section 3318.084 of the	24793
Revised Code in an amount equivalent to the additional tax	24794
otherwise required under division (D)(2)(a) of this section for	24795
the maintenance of the classroom facilities included in the basic	24796
project cost as determined by the commission.	24797

(3) A school district board may opt to delay taking any of	24798
the actions described in division (D)(2) of this section until	24799
such time as the school district becomes eligible for state	24800
assistance under sections 3318.01 to 3318.20 of the Revised Code.	24801
In order to exercise this option, the board shall certify to the	24802
commission a resolution indicating the board's intent to do so	24803
prior to entering into an agreement under division (B) of this	24804
section.	24805

(4) If pursuant to division (D)(3) of this section a district	24806
board opts to delay levying an additional tax until the district	24807
becomes eligible for state assistance, it shall submit the	24808
question of levying that tax to the district electors as follows:	24809

(a) In accordance with section 3318.06 of the Revised Code if	24810
it will also be necessary pursuant to division (E) of this section	24811
to submit a proposal for approval of a bond issue;	24812

(b) In accordance with section 3318.361 of the Revised Code	24813
if it is not necessary to also submit a proposal for approval of a	24814
bond issue pursuant to division (E) of this section.	24815

(5) No state assistance under sections 3318.01 to 3318.20 of	24816
the Revised Code shall be released until a school district board	24817
that adopts and certifies a resolution under division (D) of this	24818
section also demonstrates to the satisfaction of the commission	24819
compliance with the provisions of division (D)(2) of this section.	24820

Any amount required for maintenance under division (D)(2) of	24821
this section shall be deposited into a separate fund as specified	24822
in division (B) of section 3318.05 of the Revised Code.	24823

(E)(1) If the school district becomes eligible for state	24824
assistance under sections 3318.01 to 3318.20 of the Revised Code	24825
based on its percentile ranking as determined under division (B)	24826
of this section, the commission shall conduct a new assessment of	24827
the school district's classroom facilities needs and shall	24828
recalculate the basic project cost based on this new assessment.	24829
The basic project cost recalculated under this division shall	24830
include the amount of expenditures made by the school district	24831
board under division (D)(1) of this section. The commission shall	24832
then recalculate the school district's portion of the new basic	24833
project cost, which shall be the percentage of the original basic	24834
project cost assigned to the school district as its portion under	24835
division (C) of this section. The commission shall deduct the	24836
expenditure of school district moneys made under division (D)(1)	24837
of this section from the school district's portion of the basic	24838
project cost as recalculated under this division. If the amount of	24839
school district resources applied by the school district board to	24840
the school district's portion of the basic project cost under this	24841
section is less than the total amount of such portion as	24842
recalculated under this division, the school district board by a	24843
majority vote of all of its members shall, if it desires to seek	24844
state assistance under sections 3318.01 to 3318.20 of the Revised	24845
Code, adopt a resolution as specified in section 3318.06 of the	24846
Revised Code to submit to the electors of the school district the	24847
question of approval of a bond issue in order to pay any	24848
additional amount of school district portion required for state	24849
assistance. Any tax levy approved under division (D) of this	24850
section satisfies the requirements to levy the additional tax	24851
under section 3318.06 of the Revised Code.	24852

(2) If the amount of school district resources applied by the	24853
school district board to the school district's portion of the	24854
basic project cost under this section is more than the total	24855
amount of such portion as recalculated under this division, within	24856
one year after the school district's portion is recalculated under	24857
division (E)(1) of this section the commission may grant to the	24858
school district the difference between the two calculated	24859
portions, but at no time shall the commission expend any state	24860
funds on a project in an amount greater than the state's portion	24861
of the basic project cost as recalculated under this division.	24862

Any reimbursement under this division shall be only for local	24863
resources the school district has applied toward construction cost	24864
expenditures for the classroom facilities approved by the	24865
commission, which shall not include any financing costs associated	24866
with that construction.	24867

The school district board shall use any moneys reimbursed to	24868
the district under this division to pay off any debt service the	24869
district owes for classroom facilities constructed under its	24870
project under this section before such moneys are applied to any	24871
other purpose. However, the district board first may deposit	24872
moneys reimbursed under this division into the district's general	24873
fund or a permanent improvement fund to replace local resources	24874
the district withdrew from those funds, as long as, and to the	24875
extent that, those local resources were used by the district for	24876
constructing classroom facilities included in the district's basic	24877
project cost.	24878

(F) If a school district has entered into an agreement with	24879
the commission under this section and the electors of the district	24880
have approved a bond issue to pay the district's portion of the	24881
basic project cost, the district shall not be ranked in a higher	24882
percentile under section 3318.011 of the Revised Code than the	24883
percentile in which the district was ranked on the date that the	24884
bond issue was approved, regardless of the district's three-year	24885
average adjusted valuation per pupil calculated under that section	24886
for any subsequent fiscal year.	24887

Sec. 3318.47. (A) On the effective date of this section, the	24888
director of budget and management shall transfer any amount on	24889
hand in the fund established under former section 3318.47 of the	24890
Revised Code, as that section existed prior to the effective date	24891
of this section, into the fund established under section 3318.15	24892
of the Revised Code.	24893

(B) On or after the effective date of this section, any	24894
amounts received from school districts in repayment of loans made	24895
under former sections 3318.47 to 3318.49, as those sections	24896
existed prior to the effective date of this section, shall be	24897
deposited into the fund established under section 3318.15 of the	24898
Revised Code.	24899

Sec. 3319.55. (A) A grant program is hereby established to	24900
recognize and reward teachers in public and chartered nonpublic	24901
schools who hold valid teaching certificates or licenses issued by	24902
the national board for professional teaching standards. The	24903
superintendent of public instruction shall administer this program	24904
in accordance with this section and rules which the state board of	24905
education shall adopt in accordance with Chapter 119. of the	24906
Revised Code.	24907

In each fiscal year that the general assembly appropriates	24908
funds for purposes of this section, the superintendent of public	24909
instruction shall award a grant to each person who, by the first	24910
day of April of that year and in accordance with the rules adopted	24911
under this section, submits to the superintendent evidence	24912
indicating ~~all~~both of the following:	24913

(1) The person holds a valid certificate or license issued by	24914
the national board for professional teaching standards;	24915

(2) The person has been employed full-time as a teacher by	24916
the board of education of a school district or by a chartered	24917
nonpublic school in this state during the current school year;	24918

~~(3) The date the person was accepted into the national board~~	24919
~~certification or licensure program~~.	24920

An individual may receive a grant under this section in each	24921
fiscal year the person is eligible for a grant and submits	24922
evidence of that eligibility in accordance with this section. No	24923
person may receive a grant after the expiration of the person's	24924
initial certification or license issued by the national board.	24925

(B) The amount of the grant awarded to each eligible person	24926
under division (A) of this section in any fiscal year shall equal	24927
~~the following:~~	24928

~~(1) Two~~two thousand five hundred dollars ~~for any teacher~~	24929
~~accepted as a candidate for certification or licensure by the~~	24930
~~national board on or before May 31, 2003, and issued a certificate~~	24931
~~or license by the national board on or before December 31, 2004;~~	24932

~~(2) One thousand dollars for any other teacher issued a~~	24933
~~certificate or license by the national board.~~	24934

~~However~~. However, if the funds appropriated for purposes of	24935
this section in any fiscal year are not sufficient to award the	24936
full grant amount to each person who is eligible in that fiscal	24937
year, the superintendent shall prorate the amount of the grant	24938
awarded in that fiscal year to each eligible person.	24939

Sec. 3323.01. As used in this chapter and Chapter 3321. of	24940
the Revised Code:	24941

(A) "Handicapped child" means a person under twenty-two years	24942
of age who is developmentally handicapped, hearing handicapped,	24943
speech handicapped, visually disabled, severe behavior	24944
handicapped, orthopedically handicapped, multihandicapped, other	24945
health handicapped, specific learning disabled, autistic, or	24946
traumatic brain injured, and by reason thereof requires special	24947
education.	24948

(B) "Special education program" means the required related	24949
services and instruction specifically designed to meet the unique	24950
needs of a handicapped child, including classroom instruction,	24951
home instruction, and instruction in hospitals and institutions	24952
and in other settings.	24953

(C) "Related services" means transportation, and such	24954
developmental, corrective, and other supportive services as may be	24955
required to assist a handicapped child to benefit from special	24956
education, including the early identification and assessment of	24957
handicapped conditions in children, speech pathology and	24958
audiology, psychological services, occupational and physical	24959
therapy, physical education, recreation, counseling services	24960
including rehabilitative counseling, and medical services, except	24961
that such medical services shall be for diagnostic and evaluation	24962
purposes only.	24963

(D) "Appropriate public education" means special education	24964
and related services that:	24965

(1) Are provided at public expense and under public	24966
supervision;	24967

(2) Meet the standards of the state board of education;

24968

(3) Include an appropriate preschool, elementary, or	24969
secondary education;	24970

(4) Are provided in conformity with the individualized	24971
education program required under this chapter.	24972

(E) "Individualized education program" means a written	24973
statement for each handicapped child designed to meet the unique	24974
needs of a handicapped child, which statement shall include:	24975

(1) A statement of the present levels of educational	24976
performance of such child;	24977

(2) A statement of annual goals, including short-term	24978
instructional objectives;	24979

(3) A statement of the specific educational services to be	24980
provided to such child, and the extent to which such child will be	24981
able to participate in regular educational programs;	24982

(4) A statement of the transition services needed for such	24983
child beginning no later than age sixteen and annually thereafter	24984
(and, when determined appropriate for such child, beginning at age	24985
fourteen or younger), including, when appropriate, a statement of	24986
the interagency responsibilities and linkages before the student	24987
leaves the school setting;	24988

(5) The projected date for initiation and anticipated	24989
duration of such services;	24990

(6) Appropriate objective criteria and evaluation procedures	24991
and schedules for determining, on at least an annual basis,	24992
whether instructional objectives are being achieved, and whether	24993
current placement is appropriate.	24994

(F) "Other educational agency" means a department, division,	24995
bureau, office, institution, board, commission, committee,	24996
authority, or other state or local agency, other than a school	24997
district or an agency administered by the department of mental	24998
retardation and developmental disabilities, that provides or seeks	24999
to provide special education or related services to handicapped	25000
children.	25001

(G) "School district" means a city, local, or exempted	25002
village school district.	25003

(H) "Parents" means either parent. If the parents are	25004
separated or divorced, "parent" means the parent who is the	25005
residential parent and legal custodian of the handicapped child.	25006
Except as used in division (I) of this section and in sections	25007
3323.09 and 3323.141 of the Revised Code, "parents" includes a	25008
child's guardian or custodian. This definition does not apply to	25009
Chapter 3321. of the Revised Code.	25010

(I) As used in sections 3323.09, 3323.091, 3323.13, and	25011
3323.14 of the Revised Code, "school district of residence" means:	25012

(1) The school district in which the child's parents reside;

25013

(2) If the school district specified in division (I)(1) of	25014
this section cannot be determined, the last school district in	25015
which the child's parents are known to have resided if the	25016
parents' whereabouts are unknown;	25017

(3) If the school district specified in division (I)(2) of	25018
this section cannot be determined, the school district determined	25019
~~by the court~~ under section 2151.362 of the Revised Code, or if no	25020
district has been so determined, the school district as determined	25021
by the probate court of the county in which the child resides. The	25022
school district of residence that had been established under this	25023
section on December 12, 1983, shall remain the child's school	25024
district of residence unless a district of residence can be	25025
determined under division (I)(1) or (2) of this section.	25026

(4) Notwithstanding divisions (I)(1) to (3) of this section,	25027
if a school district is required by section 3313.65 of the Revised	25028
Code to pay tuition for a child, that district shall be the	25029
child's school district of residence.	25030

(J) "County MR/DD board" means a county board of mental	25031
retardation and developmental disabilities.	25032

(K) "Handicapped preschool child" means a handicapped child	25033
who is at least three years of age but is not of compulsory school	25034
age, as defined under section 3321.01 of the Revised Code, and who	25035
is not currently enrolled in kindergarten.	25036

(L) "Transition services" means a coordinated set of	25037
activities for a student, designed within an outcome-oriented	25038
process, that:	25039

(1) Promotes movement from school to post-school activities,	25040
including post-secondary education; vocational training;	25041
integrated employment, including supported employment; continuing	25042
and adult education; adult services; independent living; and	25043
community participation;	25044

(2) Is based upon the individual student's needs, including	25045
taking into account the student's preferences and interests;	25046

(3) Includes instruction, community experiences, the	25047
development of employment and other post-school adult living	25048
objectives, and, when appropriate, acquisition of daily living	25049
skills and functional vocational evaluation.	25050

(M) "Visual disability" for any individual means that one of	25051
the following applies to the individual:	25052

(1) The individual has a visual acuity of 20/200 or less in	25053
the better eye with correcting lenses or has a limited field of	25054
vision in the better eye such that the widest diameter subtends an	25055
angular distance of no greater than twenty degrees.	25056

(2) The individual has a medically indicated expectation of	25057
meeting the requirements of division (M)(1) of this section over a	25058
period of time.	25059

(3) The individual has a medically diagnosed and medically	25060
uncorrectable limitation in visual functioning that adversely	25061
affects the individual's ability to read and write standard print	25062
at levels expected of the individual's peers of comparable ability	25063
and grade level.	25064

(N) "Student with a visual disability" means any person under	25065
twenty-two years of age who has a visual disability.	25066

(O) "Instruction in braille reading and writing" means the	25067
teaching of the system of reading and writing through touch	25068
commonly known as standard English braille.	25069

Sec. 3323.11. Teachers in education programs under this	25070
chapter shall possess the usual qualifications required of ~~special~~	25071
~~education teachers~~intervention specialists in the public schools.	25072

Sec. 3327.05. (A) Except as provided in division (B) of this	25073
section, no board of education of any school district shall	25074
provide transportation for any pupil who is a school resident of	25075
another school district unless the pupil is enrolled pursuant to	25076
section 3313.98 of the Revised Code or the board of the other	25077
district has given its written consent thereto. If the board of	25078
any school district files with the state board of education a	25079
written complaint that transportation for resident pupils is being	25080
provided by the board of another school district contrary to this	25081
division, the state board of education shall make an investigation	25082
of such complaint. If the state board of education finds that	25083
transportation is being provided contrary to this section, it may	25084
withdraw from state funds due the offending district any part of	25085
the amount that has been approved for transportation pursuant to	25086
division (D) of section 3317.022 of the Revised Code.	25087

(B) Notwithstanding division (D) of section 3311.19 and	25088
division (D) of section 3311.52 of the Revised Code, this division	25089
does not apply to any joint vocational or cooperative education	25090
school district.	25091

A board of education may provide transportation to and from	25092
the nonpublic ~~high~~ school of attendance if both of the following	25093
apply:	25094

(1) The parent, guardian, or other person in charge of the	25095
pupil agrees to pay the board for all costs incurred in providing	25096
the transportation that are not reimbursed pursuant to Chapter	25097
3317. of the Revised Code;	25098

(2) The pupil's school district of residence does not provide	25099
transportation for public school pupils of the same grade as the	25100
pupil being transported under this division, or that district is	25101
not required under section 3327.01 of the Revised Code to	25102
transport the pupil to and from the nonpublic school because the	25103
direct travel time to the nonpublic school is more than thirty	25104
minutes.	25105

Upon receipt of the request to provide transportation, the	25106
board shall review the request and determine whether the board	25107
will accommodate the request. If the board agrees to transport the	25108
pupil, the board may transport the pupil to and from the nonpublic	25109
school and a collection point in the district, as determined by	25110
the board. If the board transports the pupil, the board may	25111
include the pupil in the district's transportation ADM reported to	25112
the department of education under section 3317.03 of the Revised	25113
Code and, accordingly, may receive a state payment under division	25114
(D) of section 3317.022 of the Revised Code for transporting the	25115
pupil.	25116

If the board declines to transport the pupil, the board, in a	25117
written communication to the parent, guardian, or other person in	25118
charge of the pupil, shall state the reasons for declining the	25119
request.	25120

Sec. 3327.17. The department of development shall establish a	25121
biodiesel school bus program under which the director of	25122
development shall make grants to school districts that use	25123
biodiesel fuel for pupil transportation to help offset incremental	25124
costs incurred by using biodiesel instead of one hundred per cent	25125
petroleum diesel.	25126

As used in this section, "biodiesel" has the same meaning as	25127
in section 122.075 of the Revised Code.	25128

Sec. 3333.04. The Ohio board of regents shall:

25129

(A) Make studies of state policy in the field of higher	25130
education and formulate a master plan for higher education for the	25131
state, considering the needs of the people, the needs of the	25132
state, and the role of individual public and private institutions	25133
within the state in fulfilling these needs;	25134

(B)(1) Report annually to the governor and the general	25135
assembly on the findings from its studies and the master plan for	25136
higher education for the state;	25137

(2) Report at least semiannually to the general assembly and	25138
the governor the enrollment numbers at each state-assisted	25139
institution of higher education.	25140

(C) Approve or disapprove the establishment of new branches	25141
or academic centers of state colleges and universities;	25142

(D) Approve or disapprove the establishment of state	25143
technical colleges or any other state institution of higher	25144
education;	25145

(E) Recommend the nature of the programs, undergraduate,	25146
graduate, professional, state-financed research, and public	25147
services which should be offered by the state colleges,	25148
universities, and other state-assisted institutions of higher	25149
education in order to utilize to the best advantage their	25150
facilities and personnel;	25151

(F) Recommend to the state colleges, universities, and other	25152
state-assisted institutions of higher education graduate or	25153
professional programs, including, but not limited to, doctor of	25154
philosophy, doctor of education, and juris doctor programs, that	25155
could be eliminated because they constitute unnecessary	25156
duplication, as shall be determined using the process developed	25157
pursuant to this section, or for other good and sufficient cause.	25158
For purposes of determining the amounts of any state instructional	25159
subsidies paid to these colleges, universities, and institutions,	25160
the board may exclude students enrolled in any program that the	25161
board has recommended for elimination pursuant to this division	25162
except that the board shall not exclude any such student who	25163
enrolled in the program prior to the date on which the board	25164
initially commences to exclude students under this division. The	25165
board of regents and these colleges, universities, and	25166
institutions shall jointly develop a process for determining which	25167
existing graduate or professional programs constitute unnecessary	25168
duplication.	25169

(G) Recommend to the state colleges, universities, and other	25170
state-assisted institutions of higher education programs which	25171
should be added to their present programs;	25172

(H) Conduct studies for the state colleges, universities, and	25173
other state-assisted institutions of higher education to assist	25174
them in making the best and most efficient use of their existing	25175
facilities and personnel;	25176

(I) Make recommendations to the governor and general assembly	25177
concerning the development of state-financed capital plans for	25178
higher education; the establishment of new state colleges,	25179
universities, and other state-assisted institutions of higher	25180
education; and the establishment of new programs at the existing	25181
state colleges, universities, and other institutions of higher	25182
education;	25183

(J) Review the appropriation requests of the public community	25184
colleges and the state colleges and universities and submit to the	25185
office of budget and management and to the chairpersons of the	25186
finance committees of the house of representatives and of the	25187
senate its recommendations in regard to the biennial higher	25188
education appropriation for the state, including appropriations	25189
for the individual state colleges and universities and public	25190
community colleges. For the purpose of determining the amounts of	25191
instructional subsidies to be paid to state-assisted colleges and	25192
universities, the board shall define "full-time equivalent	25193
student" by program per academic year. The definition may take	25194
into account the establishment of minimum enrollment levels in	25195
technical education programs below which support allowances will	25196
not be paid. Except as otherwise provided in this section, the	25197
board shall make no change in the definition of "full-time	25198
equivalent student" in effect on November 15, 1981, which would	25199
increase or decrease the number of subsidy-eligible full-time	25200
equivalent students, without first submitting a fiscal impact	25201
statement to the president of the senate, the speaker of the house	25202
of representatives, the legislative service commission, and the	25203
director of budget and management. The board shall work in close	25204
cooperation with the director of budget and management in this	25205
respect and in all other matters concerning the expenditures of	25206
appropriated funds by state colleges, universities, and other	25207
institutions of higher education.	25208

(K) Seek the cooperation and advice of the officers and	25209
trustees of both public and private colleges, universities, and	25210
other institutions of higher education in the state in performing	25211
its duties and making its plans, studies, and recommendations;	25212

(L) Appoint advisory committees consisting of persons	25213
associated with public or private secondary schools, members of	25214
the state board of education, or personnel of the state department	25215
of education;	25216

(M) Appoint advisory committees consisting of college and	25217
university personnel, or other persons knowledgeable in the field	25218
of higher education, or both, in order to obtain their advice and	25219
assistance in defining and suggesting solutions for the problems	25220
and needs of higher education in this state;	25221

(N) Approve or disapprove all new degrees and new degree	25222
programs at all state colleges, universities, and other	25223
state-assisted institutions of higher education;	25224

(O) Adopt such rules as are necessary to carry out its duties	25225
and responsibilities;	25226

(P) Establish and submit to the governor and the general	25227
assembly a clear and measurable set of goals and timetables for	25228
their achievement for each program under the supervision of the	25229
board that is designed to accomplish any of the following:	25230

(1) Increased access to higher education;

25231

(2) Job training;

25232

(3) Adult literacy;

25233

(4) Research;

25234

(5) Excellence in higher education;

25235

(6) Reduction in the number of graduate programs within the	25236
same subject area.	25237

In July of each odd-numbered year, the board of regents shall	25238
submit to the governor and the general assembly a report on	25239
progress made toward these goals.	25240

(Q) Make recommendations to the governor and the general	25241
assembly regarding the design and funding of the student financial	25242
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	25243
3333.27, and 5910.02 of the Revised Code;	25244

(R) Participate in education-related state or federal	25245
programs on behalf of the state and assume responsibility for the	25246
administration of such programs in accordance with applicable	25247
state or federal law;	25248

(S) Adopt rules for student financial aid programs as	25249
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	25250
3333.28, ~~3333.29,~~ and 5910.02 of the Revised Code, and perform any	25251
other administrative functions assigned to the board by those	25252
sections;	25253

(T) Administer contracts under sections 3702.74 and 3702.75	25254
of the Revised Code in accordance with rules adopted by the	25255
director of health under section 3702.79 of the Revised Code;	25256

(U) Conduct enrollment audits of state-supported institutions	25257
of higher education;	25258

(V) Appoint consortiums of college and university personnel	25259
to participate in the development and operation of statewide	25260
collaborative efforts, including the Ohio supercomputer center,	25261
the Ohio academic resources network, OhioLink, and the Ohio	25262
learning network. For each consortium, the board shall designate a	25263
college or university to serve as that consortium's fiscal agent,	25264
financial officer, and employer. Any funds appropriated to the	25265
board for consortiums shall be distributed to the fiscal agents	25266
for the operation of the consortiums. A consortium shall follow	25267
the rules of the college or university that serves as its fiscal	25268
agent.	25269

Sec. 3333.122. (A) As used in this section:

25270

(1) "Eligible student" means a student who is:

25271

(a) An Ohio resident who first enrolls in an undergraduate	25272
program in the 2006-2007 academic year or thereafter;	25273

(b) ~~Enrolled~~If the student first enrolled in an	25274
undergraduate program in the 2006-2007 or 2007-2008 academic year,	25275
the student is enrolled in either of the following:	25276

(i) An accredited institution of higher education in this	25277
state that meets the requirements of Title VI of the Civil Rights	25278
Act of 1964 and is state-assisted, is nonprofit and has a	25279
certificate of authorization from the Ohio board of regents	25280
pursuant to Chapter 1713. of the Revised Code, has a certificate	25281
of registration from the state board of career colleges and	25282
schools and program authorization to award an associate or	25283
bachelor's degree, or is a private institution exempt from	25284
regulation under Chapter 3332. of the Revised Code as prescribed	25285
in section 3333.046 of the Revised Code. Students who attend an	25286
institution that holds a certificate of registration shall be	25287
enrolled in a program leading to an associate or bachelor's degree	25288
for which associate or bachelor's degree program the institution	25289
has program authorization issued under section 3332.05 of the	25290
Revised Code.	25291

(ii) A technical education program of at least two years	25292
duration sponsored by a private institution of higher education in	25293
this state that meets the requirements of Title VI of the Civil	25294
Rights Act of 1964.	25295

(c) If the student first enrolled in an undergraduate program	25296
after the 2007-2008 academic year, the student is enrolled in	25297
either of the following:	25298

(i) An accredited institution of higher education in this	25299
state that meets the requirements of Title VI of the Civil Rights	25300
Act of 1964 and is state-assisted, is nonprofit and has a	25301
certificate of authorization from the board of regents pursuant to	25302
Chapter 1713. of the Revised Code, or is a private institution	25303
exempt from regulation under Chapter 3332. of the Revised Code as	25304
prescribed in section 3333.046 of the Revised Code;	25305

(ii) An education program of at least two years duration	25306
sponsored by a private institution of higher education in this	25307
state that meets the requirements of Title VI of the Civil Rights	25308
Act of 1964 and has a certificate of authorization from the board	25309
of regents pursuant to Chapter 1713. of the Revised Code.	25310

(2) A student who participated in either the early college	25311
high school program administered by the department of education or	25312
in the post-secondary enrollment options program pursuant to	25313
Chapter 3365. of the Revised Code before the 2006-2007 academic	25314
year shall not be excluded from eligibility for a ~~need based~~	25315
needs-based financial aid grant under this section.	25316

(3) "Resident," "expected family contribution" or "EFC,"	25317
"full-time student," "three-quarters-time student," "half-time	25318
student," "one-quarter-time student," and "accredited" shall be	25319
defined by rules adopted by the board.	25320

(B) The Ohio board of regents shall establish and administer	25321
a needs-based financial aid program based on the United States	25322
department of education's method of determining financial need and	25323
may adopt rules to carry out this section. The program shall be	25324
known as the Ohio college opportunity grant program. The general	25325
assembly shall support the needs-based financial aid program by	25326
such sums and in such manner as it may provide, but the board may	25327
also receive funds from other sources to support the program. If	25328
the amounts available for support of the program are inadequate to	25329
provide grants to all eligible students, preference in the payment	25330
of grants shall be given in terms of expected family contribution,	25331
beginning with the lowest expected family contribution category	25332
and proceeding upward by category to the highest expected family	25333
contribution category.	25334

A needs-based financial aid grant shall be paid to an	25335
eligible student through the institution in which the student is	25336
enrolled, except that no needs-based financial aid grant shall be	25337
paid to any person serving a term of imprisonment. Applications	25338
for such grants shall be made as prescribed by the board, and such	25339
applications may be made in conjunction with and upon the basis of	25340
information provided in conjunction with student assistance	25341
programs funded by agencies of the United States government or	25342
from financial resources of the institution of higher education.	25343
The institution shall certify that the student applicant meets the	25344
requirements set forth in divisions (A)(1)(a) and (b) of this	25345
section. Needs-based financial aid grants shall be provided to an	25346
eligible student only as long as the student is making appropriate	25347
progress toward a nursing diploma or an associate or bachelor's	25348
degree. No student shall be eligible to receive a grant for more	25349
than ten semesters, fifteen quarters, or the equivalent of five	25350
academic years. A grant made to an eligible student on the basis	25351
of less than full-time enrollment shall be based on the number of	25352
credit hours for which the student is enrolled and shall be	25353
computed in accordance with a formula adopted by the board. No	25354
student shall receive more than one grant on the basis of less	25355
than full-time enrollment.	25356

A needs-based financial aid grant shall not exceed the total	25357
instructional and general charges of the institution.	25358

(C) The tables in this division prescribe the maximum grant	25359
amounts covering two semesters, three quarters, or a comparable	25360
portion of one academic year. Grant amounts for additional terms	25361
in the same academic year shall be determined under division (D)	25362
of this section.	25363

As used in the tables in division (C) of this section:

25364

(1) "Private institution" means an institution that is	25365
nonprofit and has a certificate of authorization from the Ohio	25366
board of regents pursuant to Chapter 1713. of the Revised Code.	25367

(2) "Career college" means either an institution that holds a	25368
certificate of registration from the state board of career	25369
colleges and schools or a private institution exempt from	25370
regulation under Chapter 3332. of the Revised Code as prescribed	25371
in section 3333.046 of the Revised Code.	25372

Full-time students shall be eligible to receive awards	25373
according to the following table:	25374

Full-Time Enrollment

25375

If the EFC is equal to or greater than:	And if the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	25376
$2,101	$2,190	$300	$600	$480	25377
2,001	2,100	402	798	642	25378
1,901	2,000	498	1,002	798	25379
1,801	1,900	600	1,200	960	25380
1,701	1,800	702	1,398	1,122	25381
1,601	1,700	798	1,602	1,278	25382
1,501	1,600	900	1,800	1,440	25383
1,401	1,500	1,002	1,998	1,602	25384
1,301	1,400	1,098	2,202	1,758	25385
1,201	1,300	1,200	2,400	1,920	25386
1,101	1,200	1,302	2,598	2,082	25387
1,001	1,100	1,398	2,802	2,238	25388
901	1,000	1,500	3,000	2,400	25389
801	900	1,602	3,198	2,562	25390
701	800	1,698	3,402	2,718	25391
601	700	1,800	3,600	2,280	25392
501	600	1,902	3,798	3,042	25393
401	500	1,998	4,002	3,198	25394
301	400	2,100	4,200	3,360	25395
201	300	2,202	4,398	3,522	25396
101	200	2,298	4,602	3,678	25397
1	100	2,400	4,800	3,840	25398
0	0	2,496	4,992	3,996	25399

Three-quarters-time students shall be eligible to receive	25400
awards according to the following table:	25401

Three-Quarters-Time Enrollment

25402

If the EFC is equal to or greater than:	And the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	25403
$2,101	$2,190	$228	$450	$360	25404
2,001	2,100	300	600	480	25405
1,901	2,000	372	750	600	25406
1,801	1,900	450	900	720	25407
1,701	1,800	528	1,050	840	25408
1,601	1,700	600	1,200	960	25409
1,501	1,600	678	1,350	1,080	25410
1,401	1,500	750	1,500	1,200	25411
1,301	1,400	822	1,650	1,320	25412
1,201	1,300	900	1,800	1,440	25413
1,101	1,200	978	1,950	1,560	25414
1,001	1,100	1,050	2,100	1,680	25415
901	1,000	1,128	2,250	1,800	25416
801	900	1,200	2,400	1,920	25417
701	800	1,272	2,550	2,040	25418
601	700	1,350	2,700	2,160	25419
501	600	1,428	2,850	2,280	25420
401	500	1,500	3,000	2,400	25421
301	400	1,578	3,150	2,520	25422
201	300	1,650	3,300	2,640	25423
101	200	1,722	3,450	2,760	25424
1	100	1,800	3,600	2,880	25425
0	0	1,872	3,744	3,000	25426

Half-time students shall be eligible to receive awards	25427
according to the following table:	25428

Half-Time Enrollment

25429

If the EFC is equal to or greater than:	And if the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	25430
$2,101	$2,190	$150	$300	$240	25431
2,001	2,100	204	402	324	25432
1,901	2,000	252	504	402	25433
1,801	1,900	300	600	480	25434
1,701	1,800	354	702	564	25435
1,601	1,700	402	804	642	25436
1,501	1,600	450	900	720	25437
1,401	1,500	504	1,002	804	25438
1,301	1,400	552	1,104	882	25439
1,201	1,300	600	1,200	960	25440
1,101	1,200	654	1,302	1,044	25441
1,001	1,100	702	1,404	1,122	25442
901	1,000	750	1,500	1,200	25443
801	900	804	1,602	1,284	25444
701	800	852	1,704	1,362	25445
601	700	900	1,800	1,440	25446
501	600	954	1,902	1,524	25447
401	500	1,002	2,004	1,602	25448
301	400	1,050	2,100	1,680	25449
201	300	1,104	2,202	1,764	25450
101	200	1,152	2,304	1,842	25451
1	100	1,200	2,400	1,920	25452
0	0	1,248	2,496	1,998	25453

One-quarter-time students shall be eligible to receive awards	25454
according to the following table:	25455

One-Quarter-Time Enrollment

25456

If the EFC is equal to or greater than:	And if the EFC is no more than:	If the student attends a public institution, the annual award shall be:	If the student attends a private institution, the annual award shall be:	If the student attends a career college, the annual award shall be:	25457
$2,101	$2,190	$78	$150	$120	25458
2,001	2,100	102	198	162	25459
1,901	2,000	126	252	198	25460
1,801	1,900	150	300	240	25461
1,701	1,800	174	348	282	25462
1,601	1,700	198	402	318	25463
1,501	1,600	228	450	360	25464
1,401	1,500	252	498	402	25465
1,301	1,400	276	552	438	25466
1,201	1,300	300	600	480	25467
1,101	1,200	324	648	522	25468
1,001	1,100	348	702	558	25469
901	1,000	378	750	600	25470
801	900	402	798	642	25471
701	800	426	852	678	25472
601	700	450	900	720	25473
501	600	474	948	762	25474
401	500	498	1,002	798	25475
301	400	528	1,050	840	25476
201	300	552	1,098	882	25477
101	200	576	1,152	918	25478
1	100	600	1,200	960	25479
0	0	624	1,248	1,002	25480

(D) For a full-time student enrolled in an eligible	25481
institution for a semester or quarter in addition to the portion	25482
of the academic year covered by a grant determined under division	25483
(C) of this section, the maximum grant amount shall be a	25484
percentage of the maximum prescribed in the applicable table of	25485
that division. The maximum grant for a fourth quarter shall be	25486
one-third of the maximum amount prescribed under that division.	25487
The maximum grant for a third semester shall be one-half of the	25488
maximum amount prescribed under that division.	25489

(E) No grant shall be made to any student in a course of	25490
study in theology, religion, or other field of preparation for a	25491
religious profession unless such course of study leads to an	25492
accredited bachelor of arts, bachelor of science, associate of	25493
arts, or associate of science degree.	25494

(F)(1) Except as provided in division (F)(2) of this section,	25495
no grant shall be made to any student for enrollment during a	25496
fiscal year in an institution with a cohort default rate	25497
determined by the United States secretary of education pursuant to	25498
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	25499
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	25500
preceding the fiscal year, equal to or greater than thirty per	25501
cent for each of the preceding two fiscal years.	25502

(2) Division (F)(1) of this section does not apply to the	25503
following:	25504

(a) Any student enrolled in an institution that under the	25505
federal law appeals its loss of eligibility for federal financial	25506
aid and the United States secretary of education determines its	25507
cohort default rate after recalculation is lower than the rate	25508
specified in division (F)(1) of this section or the secretary	25509
determines due to mitigating circumstances the institution may	25510
continue to participate in federal financial aid programs. The	25511
board shall adopt rules requiring institutions to provide	25512
information regarding an appeal to the board.	25513

(b) Any student who has previously received a grant under	25514
this section who meets all other requirements of this section.	25515

(3) The board shall adopt rules for the notification of all	25516
institutions whose students will be ineligible to participate in	25517
the grant program pursuant to division (F)(1) of this section.	25518

(4) A student's attendance at an institution whose students	25519
lose eligibility for grants under division (F)(1) of this section	25520
shall not affect that student's eligibility to receive a grant	25521
when enrolled in another institution.	25522

(G) Institutions of higher education that enroll students	25523
receiving needs-based financial aid grants under this section	25524
shall report to the board all students who have received	25525
needs-based financial aid grants but are no longer eligible for	25526
all or part of such grants and shall refund any moneys due the	25527
state within thirty days after the beginning of the quarter or	25528
term immediately following the quarter or term in which the	25529
student was no longer eligible to receive all or part of the	25530
student's grant. There shall be an interest charge of one per cent	25531
per month on all moneys due and payable after such thirty-day	25532
period. The board shall immediately notify the office of budget	25533
and management and the legislative service commission of all	25534
refunds so received.	25535

Sec. 3333.201. The chancellor of the Ohio board of regents	25536
shall require any college or university that offers classes at a	25537
technical college that is co-located with a university branch to	25538
pay a share of the facility maintenance cost based proportionally	25539
on the number of students enrolled in classes offered by that	25540
college or university.	25541

Sec. 3333.38. (A) As used in this section:

25542

(1) "Institution of higher education" includes all of the	25543
following:	25544

(a) A state institution of higher education, as defined in	25545
section 3345.011 of the Revised Code;	25546

(b) A nonprofit institution issued a certificate of	25547
authorization by the Ohio board of regents under Chapter 1713. of	25548
the Revised Code;	25549

(c) A private institution exempt from regulation under	25550
Chapter 3332. of the Revised Code, as prescribed in section	25551
3333.046 of the Revised Code;	25552

(d) An institution of higher education with a certificate of	25553
registration from the state board of career colleges and schools	25554
under Chapter 3332. of the Revised Code.	25555

(2) "Student financial assistance supported by state funds"	25556
includes assistance granted under sections 3315.33, 3333.12,	25557
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, ~~3333.29,~~ 3333.372,	25558
5910.03, 5910.032, and 5919.34 of the Revised Code or financed by	25559
an award under the choose Ohio first scholarship program	25560
established under section 3333.61 of the Revised Code and any	25561
other post-secondary student financial assistance supported by	25562
state funds.	25563

(B) An individual who is convicted of, pleads guilty to, or	25564
is adjudicated a delinquent child for one of the following	25565
violations shall be ineligible to receive any student financial	25566
assistance supported by state funds at an institution of higher	25567
education for two calendar years from the time the individual	25568
applies for assistance of that nature:	25569

(1) A violation of section 2917.02 or 2917.03 of the Revised	25570
Code;	25571

(2) A violation of section 2917.04 of the Revised Code that	25572
is a misdemeanor of the fourth degree;	25573

(3) A violation of section 2917.13 of the Revised Code that	25574
is a misdemeanor of the fourth or first degree and occurs within	25575
the proximate area where four or more others are acting in a	25576
course of conduct in violation of section 2917.11 of the Revised	25577
Code.	25578

(C) If an individual is convicted of, pleads guilty to, or is	25579
adjudicated a delinquent child for committing a violation of	25580
section 2917.02 or 2917.03 of the Revised Code, and if the	25581
individual is enrolled in a state-supported institution of higher	25582
education, the institution in which the individual is enrolled	25583
shall immediately dismiss the individual. No state-supported	25584
institution of higher education shall admit an individual of that	25585
nature for one academic year after the individual applies for	25586
admission to a state-supported institution of higher education.	25587
This division does not limit or affect the ability of a	25588
state-supported institution of higher education to suspend or	25589
otherwise discipline its students.	25590

Sec. 3333.50. The Ohio board of regents, in consultation with	25591
the governor and the department of development, shall develop a	25592
critical needs rapid response system to respond quickly to	25593
critical workforce shortages in the state. Not later than ninety	25594
days after a critical workforce shortage is identified, the	25595
chancellor of the board shall submit to the governor a proposal	25596
for addressing the shortage through initiatives of the board or	25597
institutions of higher education.	25598

Sec. 3333.55. (A) The health information and imaging	25599
technology workforce development pilot project is hereby	25600
established. Under the project, in fiscal years 2008 through 2010,	25601
the Ohio board of regents shall design and implement a three-year	25602
pilot program to test, in the vicinity of Clark, Greene, and	25603
Montgomery counties, how a P-16 public-private education and	25604
workforce development collaborative may address each of the	25605
following goals:	25606

(1) Increase the number of students taking and mastering	25607
high-level science, technology, engineering, or mathematics	25608
courses and pursuing careers in those subjects, in all demographic	25609
regions of the state;	25610

(2) Increase the number of students pursuing professional	25611
careers in health information and imaging technology upon	25612
receiving related technical education and professional experience,	25613
in all demographic regions of the state;	25614

(3) Unify efforts among schools, career centers,	25615
post-secondary programs, and employers in a region for career and	25616
workforce development, preservation, and public education.	25617

(B) The project shall focus on enhancing P-16 education and	25618
workforce development in the field of health information and	25619
imaging technology through such activities as increased academic	25620
intervention in related areas of study, after-school and summer	25621
intervention programs, tutoring, career and job fairs and other	25622
promotional and recruitment activities, externships, professional	25623
development, field trips, academic competitions, development of	25624
related specialized study modules, development of honors programs,	25625
and development and enhancement of dual high school and college	25626
enrollment programs.	25627

(C) Project participants shall include Clark-Shawnee local	25628
school district, Springfield city school district, Greene county	25629
career center, Clark state community college, Central state	25630
university, Wright state university, Cedarville university,	25631
Wittenberg university, the university of Dayton, and private	25632
employers in the health information and imaging technology	25633
industry in the vicinity of Clark, Greene, and Montgomery	25634
counties, selected by the board of regents.	25635

For the third year of the project, the board of regents may	25636
add as participants the Dayton city school district and Xenia city	25637
school district.	25638

(D) Wittenberg university shall be the lead coordinating	25639
agent and Clark state community college shall be the fiscal agent	25640
for the project.	25641

(E) The board of regents shall create an advisory council	25642
made up of representatives of the participating entities to	25643
coordinate, monitor, and evaluate the project. The advisory	25644
council shall submit an annual activity report to the board of	25645
regents by a date specified by the board of regents.	25646

Sec. 3333.60. As used in sections 3333.61 to 3333.70 of the	25647
Revised Code:	25648

(A) "State university or college" has the same meaning as in	25649
section 3345.12 of the Revised Code.	25650

(B) "State institution of higher education" has the same	25651
meaning as in section 3345.011 of the Revised Code.	25652

Sec. 3333.61. The chancellor of the Ohio board of regents	25653
shall establish and administer the Ohio innovation partnership,	25654
which shall consist of the choose Ohio first scholarship program	25655
and the Ohio research scholars program. Under the programs, the	25656
chancellor, subject to approval by the controlling board, shall	25657
award grants to state universities or colleges for programs and	25658
initiatives that recruit students and scientists in the fields of	25659
science, technology, engineering, mathematics, and medicine to	25660
state universities or colleges, in order to enhance regional	25661
educational and economic strengths and meet the needs of the	25662
state's regional economies. Grants may be awarded for programs and	25663
initiatives to be implemented by a state university or college	25664
alone or in collaboration with other state institutions of higher	25665
education, nonpublic Ohio universities and colleges, or other	25666
public or private Ohio entities.	25667

The choose Ohio first scholarship program shall award grants	25668
to state universities and colleges to establish scholarships,	25669
fellowships, grants, or other monetary or nonmonetary incentives	25670
to recruit Ohio residents as undergraduate or graduate students in	25671
the fields of science, technology, engineering, mathematics, and	25672
medicine, or in science, technology, engineering, mathematics, or	25673
medical education. Each state university or college receiving a	25674
grant under the choose Ohio first scholarship program shall award	25675
one hundred per cent of the grant amount in the form of	25676
scholarships, fellowships, grants, or other monetary or	25677
nonmonetary incentives to students, and shall not use any amount	25678
of the grant for administration.	25679

The Ohio research scholars program shall award grants to be	25680
deposited into new or existing endowment funds of state	25681
universities and colleges for use in recruiting scientists to	25682
their faculties.	25683

The chancellor shall adopt rules in accordance with Chapter	25684
119. of the Revised Code to administer the programs.	25685

Sec. 3333.62. The chancellor of the Ohio board of regents	25686
shall establish a competitive process for making awards under the	25687
choose Ohio first scholarship program and the Ohio research	25688
scholars program. The chancellor, on completion of that process,	25689
shall make a recommendation to the controlling board asking for	25690
approval to award each grant selected by the chancellor.	25691

Any state university or college may apply for one or more	25692
awards under one or both programs. Each university or college	25693
shall submit a proposal and other documentation required by the	25694
chancellor, in the form and manner prescribed by the chancellor,	25695
for each award it seeks. A proposal may propose an initiative to	25696
be implemented solely by the state university or college or in	25697
collaboration with other state institutions of higher education,	25698
nonpublic Ohio universities or colleges, or other public or	25699
nonpublic Ohio entities. A single proposal may seek an award under	25700
one or both programs.	25701

The chancellor shall determine which proposals will receive	25702
awards each fiscal year, and the amount of each award, on the	25703
basis of the merit of each proposal, which the chancellor, subject	25704
to approval by the controlling board, shall determine based on one	25705
or more of the following criteria:	25706

(A) The quality of the program that is the subject of the	25707
proposal and the extent to which additional resources will enhance	25708
its quality;	25709

(B) The extent to which the proposal is integrated with the	25710
strengths of the regional economy;	25711

(C) The extent to which the proposal is integrated with	25712
centers of research excellence within the private sector;	25713

(D) The amount of other institutional, public, or private	25714
resources, whether monetary or nonmonetary, that the proposal	25715
pledges to leverage;	25716

(E) The extent to which the proposal is collaborative with	25717
other public or nonpublic Ohio institutions of higher education;	25718

(F) The extent to which the proposal is integrated with the	25719
university's or college's mission and does not displace existing	25720
resources already committed to the mission;	25721

(G) The extent to which the proposal facilitates a more	25722
efficient utilization of existing faculty and programs;	25723

(H) The extent to which the proposal meets a statewide	25724
educational need;	25725

(I) The demonstrated productivity or future capacity of the	25726
students or scientists to be recruited;	25727

(J) The extent to which the proposal will create additional	25728
capacity in educational or economic areas of need.	25729

Sec. 3333.63. The chancellor of the Ohio board of regents	25730
shall conduct at least one public meeting annually, prior to	25731
deciding awards under the Ohio innovation partnership. At the	25732
meeting, an employee of the chancellor shall summarize the	25733
proposals submitted for consideration, and each state university	25734
or college that has a proposal pending shall have the opportunity	25735
to review the summary of their proposal prepared by the	25736
chancellor's staff and answer questions or respond to concerns	25737
about the proposal raised by the chancellor's staff.	25738

Sec. 3333.64. The chancellor of the Ohio board of regents	25739
shall make awards under the choose Ohio first scholarship program	25740
and the Ohio research scholars program such that the aggregate,	25741
statewide amount of other institutional, public, and private money	25742
pledged to the proposals in each fiscal year equals at least one	25743
hundred per cent of the aggregate amount of the money awarded	25744
under both programs that year.	25745

The chancellor also shall endeavor to distribute awards in	25746
such a way that all regions of the state benefit from the economic	25747
development impact of the programs and shall guarantee that	25748
students from all regions of the state are able to participate in	25749
the scholarship program.	25750

Sec. 3333.65. The chancellor of the Ohio board of regents	25751
shall require each state university or college that the	25752
controlling board approves to receive an award under the Ohio	25753
innovation partnership to enter into an agreement governing the	25754
use of the award. The agreement shall contain terms the chancellor	25755
determines to be necessary, which shall include performance	25756
measures, reporting requirements, and an obligation to fulfill	25757
pledges of other institutional, public, or nonpublic resources for	25758
the proposal.	25759

The chancellor may require a state university or college that	25760
violates the terms of its agreement to repay the award plus	25761
interest at the rate required by section 5703.47 of the Revised	25762
Code to the chancellor.	25763

Sec. 3333.66. The chancellor of the Ohio board of regents	25764
shall encourage state universities and colleges, alone or in	25765
collaboration with other state institutions of higher education,	25766
nonpublic Ohio universities and colleges, or other public or	25767
private Ohio entities, to submit proposals under the choose Ohio	25768
first scholarship program for initiatives that recruit Ohio	25769
residents enrolled in colleges and universities in other states or	25770
other countries to return to Ohio and enroll in state universities	25771
or colleges as graduate students in the fields of science,	25772
technology, engineering, mathematics, and medicine, or in the	25773
fields of science, technology, engineering, mathematics, or	25774
medical education. If such proposals are submitted and meet the	25775
chancellor's competitive criteria for awards, the chancellor,	25776
subject to approval by the controlling board, shall give at least	25777
one of the proposals preference for an award.	25778

Sec. 3333.67. Each state university or college that receives	25779
an award under the Ohio research scholars program shall deposit	25780
the award into a new or existing endowment fund. The university or	25781
college shall maintain the amount awarded and use income generated	25782
from that award, and other institutional, public, or nonpublic	25783
resources, to finance the proposal approved by the chancellor of	25784
the Ohio board of regents and the controlling board.	25785

Sec. 3333.68. When making an award under the Ohio innovation	25786
partnership, the chancellor of the Ohio board of regents, subject	25787
to approval by the controlling board, may commit to giving a state	25788
university's or college's proposal preference for future awards	25789
after the current fiscal year or fiscal biennium. A proposal's	25790
eligibility for future awards remains conditional on both of the	25791
following:	25792

(A) Future appropriations of the general assembly;

25793

(B) The university's or college's adherence to the agreement	25794
entered into under section 3333.65 of the Revised Code, including	25795
its fulfillment of pledges of other institutional, public, or	25796
nonpublic resources.	25797

The chancellor and the controlling board shall not commit to	25798
awarding any proposal for more than five fiscal years at a time.	25799
However, when a commitment for future awards expires, a state	25800
university or college may reapply.	25801

Sec. 3333.69. The chancellor of the Ohio board of regents	25802
shall monitor each initiative for which an award is granted under	25803
the Ohio innovation partnership to ensure the following:	25804

(A) Fiscal accountability, so that the award is used in	25805
accordance with the agreement entered into under section 3333.65	25806
of the Revised Code;	25807

(B) Operating progress, so that the initiative is managed to	25808
achieve the goals stated in the proposal and in the agreement, and	25809
so that problems may be promptly identified and remedied;	25810

(C) Desired outcomes, so that the initiative contributes to	25811
the programs' goals of enhancing regional educational and economic	25812
strengths and meeting regional economic needs.	25813

Sec. 3333.70. Not later than December 31, 2008, and the	25814
thirty-first day of December of each year thereafter, the	25815
chancellor of the Ohio board of regents shall submit to the	25816
general assembly in accordance with section 101.68 of the Revised	25817
Code a report on the academic and economic impact of the Ohio	25818
innovation partnership. At a minimum, the report shall include the	25819
following:	25820

(A) Progress and performance metrics for each initiative that	25821
received an award in the previous fiscal year;	25822

(B) Economic indicators of the impact of each initiative, and	25823
all initiatives as a whole, on the regional economies and the	25824
statewide economy.	25825

Sec. 3345.02. As used in this section, "state institution of	25826
higher education" has the same meaning as in section 3345.011 of	25827
the Revised Code.	25828

Beginning in the 2008-2009 academic year, each state	25829
institution of higher education shall include in each statement of	25830
estimated or actual charges owed by a student enrolled in the	25831
institution an itemized list of the instructional fees, general	25832
fees, special purpose fees, service charges, fines, and any other	25833
fees or surcharges applicable to the student.	25834

Sec. 3345.05. (A) All registration fees, nonresident tuition	25835
fees, academic fees for the support of off-campus instruction,	25836
laboratory and course fees when so assessed and collected, student	25837
health fees for the support of a student health service, all other	25838
fees, deposits, charges, receipts, and income from all or part of	25839
the students, all subsidy or other payments from state	25840
appropriations, and all other fees, deposits, charges, receipts,	25841
~~and~~ income, and revenue received by each ~~state-supported~~	25842
~~university and college~~state institution of higher education, the	25843
Ohio state university hospitals and their ancillary facilities,	25844
the Ohio agricultural research and development center, and the	25845
Ohio state university cooperative extension service shall be held	25846
and administered by the respective boards of trustees of the	25847
~~state-supported universities and colleges~~state institution of	25848
higher education; provided, that such fees, deposits, charges,	25849
receipts, ~~and~~ income and revenue, to the extent required by	25850
resolutions, trust agreements, indentures, leases, and agreements	25851
adopted, made, or entered into under Chapter 154. or section	25852
3345.07, 3345.11, or 3345.12 of the Revised Code, shall be held,	25853
administered, transferred, and applied in accordance therewith.	25854

(B) The Ohio board of regents shall require annual reporting	25855
by the Ohio agricultural research and development center and by	25856
each university and college receiving state aid in such form and	25857
detail as determined by the board in consultation with such	25858
center, universities and colleges, and the director of budget and	25859
management.	25860

(C) Notwithstanding any provision of the Revised Code to the	25861
contrary, the title to investments made by the board of trustees	25862
of a ~~state-supported university or college~~state institution of	25863
higher education with funds derived from ~~revenues~~any of the	25864
sources described in division (A) of this section shall not be	25865
vested in the state or the political subdivision but shall be held	25866
in trust by the board. Such investments shall be made pursuant to	25867
an investment policy adopted by the board in public session that	25868
requires all fiduciaries to discharge their duties with the care,	25869
skill, prudence, and diligence under the circumstances then	25870
prevailing that a prudent person acting in like capacity and	25871
familiar with such matters would use in the conduct of an	25872
enterprise of a like character and with like aims. The policy also	25873
shall require at least the following:	25874

(1) A stipulation that investment ~~be made only in publicly~~	25875
~~traded securities averaging~~of at least twenty-five per cent of	25876
the average amount of the investment portfolio over the course of	25877
the previous fiscal year be invested in securities of the United	25878
States government or of its agencies or instrumentalities, the	25879
treasurer of state's pooled investment program, obligations of	25880
this state or any political subdivision of this state,	25881
certificates of deposit of any national bank located in this	25882
state, written repurchase agreements with any eligible Ohio	25883
financial institution that is a member of the federal reserve	25884
system or federal home loan bank, money market funds, or bankers	25885
acceptances maturing in two hundred seventy days or less which are	25886
eligible for purchase by the federal reserve system, as a reserve;	25887

(2) Eligible funds above those that meet the conditions of	25888
division (C)(1) of this section may be pooled with other	25889
institutional funds and invested in accordance with section	25890
1715.54 of the Revised Code.	25891

(3) The establishment of an investment committee.

25892

(D) The investment committee established under division	25893
(C)~~(2)~~(3) of this section shall meet at least quarterly. The	25894
committee shall review and recommend revisions to the board's	25895
investment policy and shall advise the board on its investments	25896
made under division (C) of this section in an effort to assist it	25897
in meeting its obligations as a fiduciary as described in division	25898
(C) of this section. The committee shall be authorized to retain	25899
the services of an investment advisor who meets both of the	25900
following qualifications:	25901

(1) The advisor is either:

25902

(a) Licensed by the division of securities under section	25903
1707.141 of the Revised Code;	25904

(b) Registered with the securities and exchange commission.

25905

(2) The advisor either:

25906

(a) Has experience in the management of investments of public	25907
funds, especially in the investment of state-government investment	25908
portfolios;	25909

(b) Is an eligible institution referenced in section 135.03	25910
of the Revised Code.	25911

(E) As used in this section, "state institution of higher	25912
education" means a state institution of higher education as	25913
defined in section 3345.011 of the Revised Code.	25914

Sec. 3345.32. (A) As used in this section:

25915

(1) "State university or college" means the institutions	25916
described in section 3345.27 of the Revised Code and the	25917
northeastern Ohio universities college of medicine.	25918

(2) "Resident" has the meaning specified by rule of the	25919
chancellor of the Ohio board of regents.	25920

(3) "Statement of selective service status" means a statement	25921
certifying one of the following:	25922

(a) That the individual filing the statement has registered	25923
with the selective service system in accordance with the "Military	25924
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	25925
amended;	25926

(b) That the individual filing the statement is not required	25927
to register with the selective service for one of the following	25928
reasons:	25929

(i) The individual is under eighteen or over twenty-six years	25930
of age.	25931

(ii) The individual is on active duty with the armed forces	25932
of the United States other than for training in a reserve or	25933
national guard unit.	25934

(iii) The individual is a nonimmigrant alien lawfully in the	25935
United States in accordance with section 101 (a)(15) of the	25936
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	25937

(iv) The individual is not a citizen of the United States and	25938
is a permanent resident of the Trust Territory of the Pacific	25939
Islands or the Northern Mariana Islands.	25940

(4) "Institution of higher education" means any eligible	25941
institution approved by the United States department of education	25942
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	25943
amended, or any institution whose students are eligible for	25944
financial assistance under any of the programs described by	25945
division (E) of this section.	25946

(B) The ~~Ohio board of regents~~chancellor shall, by rule,	25947
specify the form of statements of selective service status to be	25948
filed in compliance with divisions (C) to (F) of this section.	25949
Each statement of selective service status shall contain a section	25950
wherein a male student born after December 31, 1959, certifies	25951
that the student has registered with the selective service system	25952
in accordance with the "Military Selective Service Act," 62 Stat.	25953
604, 50 U.S.C. App. 453, as amended. For those students not	25954
required to register with the selective service, as specified in	25955
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be	25956
provided on the statement of selective service status for the	25957
certification of nonregistration and for an explanation of the	25958
reason for the exemption. The ~~board of regents~~chancellor may	25959
require that such statements be accompanied by documentation	25960
specified by rule of the ~~board~~chancellor.	25961

(C) A state university or college that enrolls in any course,	25962
class, or program a male student born after December 31, 1959, who	25963
has not filed a statement of selective service status with the	25964
university or college shall, regardless of the student's	25965
residency, charge the student any tuition surcharge charged	25966
students who are not residents of this state.	25967

(D) No male born after December 31, 1959, shall be eligible	25968
to receive any loan, grant, scholarship, or other financial	25969
assistance for educational expenses granted under section 3315.33,	25970
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,	25971
5910.032, or 5919.34 of the Revised Code, or financed by an award	25972
under the choose Ohio first scholarship program established under	25973
section 3333.61 of the Revised Code, unless that person has filed	25974
a statement of selective service status with that person's	25975
institution of higher education.	25976

(E) If an institution of higher education receives a	25977
statement from an individual certifying that the individual has	25978
registered with the selective service system in accordance with	25979
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	25980
453, as amended or that the individual is exempt from registration	25981
for a reason other than that the individual is under eighteen	25982
years of age, the institution shall not require the individual to	25983
file any further statements. If it receives a statement certifying	25984
that the individual is not required to register because the	25985
individual is under eighteen years of age, the institution shall	25986
require the individual to file a new statement of selective	25987
service status each time the individual seeks to enroll for a new	25988
academic term or makes application for a new loan or loan	25989
guarantee or for any form of financial assistance for educational	25990
expenses, until it receives a statement certifying that the	25991
individual has registered with the selective service system or is	25992
exempt from registration for a reason other than that the	25993
individual is under eighteen years of age.	25994

Sec. 3353.02. (A) There is hereby created the eTech Ohio	25995
commission as an independent agency to advance education and	25996
accelerate the learning of the citizens of this state through	25997
technology. The commission shall provide leadership and support in	25998
extending the knowledge of the citizens of this state by promoting	25999
access to and use of all forms of educational technology,	26000
including educational television and radio, radio reading	26001
services, broadband networks, videotapes, compact discs, digital	26002
video on demand (DVD), and the internet. The commission also shall	26003
administer programs to provide financial and other assistance to	26004
school districts and other educational institutions for the	26005
acquisition and utilization of educational technology.	26006

The commission is a body corporate and politic, an agency of	26007
the state performing essential governmental functions of the	26008
state.	26009

(B) The commission shall consist of thirteen members, nine of	26010
whom shall be voting members. Six of the voting members shall be	26011
representatives of the public. Of the representatives of the	26012
public, four shall be appointed by the governor with the advice	26013
and consent of the senate, one shall be appointed by the speaker	26014
of the house of representatives, and one shall be appointed by the	26015
president of the senate. The superintendent of public instruction	26016
or a designee of the superintendent, the chancellor of the Ohio	26017
board of regents or a designee of the chancellor, and the ~~director~~	26018
~~of the office of information technology~~state chief information	26019
officer or a designee of the ~~director~~officer shall be ex officio	26020
voting members. Of the nonvoting members, two shall be members of	26021
the house of representatives appointed by the speaker of the house	26022
of representatives and two shall be members of the senate	26023
appointed by the president of the senate. The members appointed	26024
from each chamber shall not be members of the same political	26025
party.	26026

(C) Initial terms of office for members appointed by the	26027
governor shall be one year for one member, two years for one	26028
member, three years for one member, and four years for one member.	26029
At the first meeting of the commission, members appointed by the	26030
governor shall draw lots to determine the length of the term each	26031
member will serve. Thereafter, terms of office for members	26032
appointed by the governor shall be for four years. Terms of office	26033
for voting members appointed by the speaker of the house of	26034
representatives and the president of the senate shall be for four	26035
years. Any member who is a representative of the public may be	26036
reappointed by the member's respective appointing authority, but	26037
no such member may serve more than two consecutive four-year	26038
terms. Such a member may be removed by the member's respective	26039
appointing authority for cause.	26040

Any legislative member appointed by the speaker of the house	26041
of representatives or the president of the senate who ceases to be	26042
a member of the legislative chamber from which the member was	26043
appointed shall cease to be a member of the commission. The	26044
speaker of the house of representatives and the president of the	26045
senate may remove their respective appointments to the commission	26046
at any time.	26047

(D) Vacancies among appointed members shall be filled in the	26048
manner provided for original appointments. Any member appointed to	26049
fill a vacancy occurring prior to the expiration of the term for	26050
which the member's predecessor was appointed shall hold office for	26051
the remainder of that term. Any appointed member shall continue in	26052
office subsequent to the expiration of that member's term until	26053
the member's successor takes office or until a period of sixty	26054
days has elapsed, whichever occurs first.	26055

(E) Members of the commission shall serve without	26056
compensation. The members who are representatives of the public	26057
shall be reimbursed, pursuant to office of budget and management	26058
guidelines, for actual and necessary expenses incurred in the	26059
performance of official duties.	26060

(F) The governor shall appoint the chairperson of the	26061
commission from among the commission's voting members. The	26062
chairperson shall serve a term of two years and may be	26063
reappointed. The commission shall elect other officers as	26064
necessary from among its voting members and shall prescribe its	26065
rules of procedure.	26066

(G) The commission shall establish advisory groups as needed	26067
to address topics of interest and to provide guidance to the	26068
commission regarding educational technology issues and the	26069
technology needs of educators, learners, and the public. Members	26070
of each advisory group shall be appointed by the commission and	26071
shall include representatives of individuals or organizations with	26072
an interest in the topic addressed by the advisory group.	26073

Sec. 3353.20. As used in sections 3353.20 to 3353.30 of the	26074
Revised Code:	26075

(A) "Clearinghouse" means the clearinghouse established under	26076
section 3353.21 of the Revised Code.	26077

(B) "Data verification code" means the code assigned to a	26078
student under division (D)(2) of section 3301.0714 of the Revised	26079
Code.	26080

(C) "One-half unit" of instruction has the same meaning as in	26081
section 3313.603 of the Revised Code.	26082

(D) A "student's community school" means the community school	26083
established under Chapter 3314. of the Revised Code in which the	26084
student is enrolled instead of being enrolled in a school operated	26085
by a school district.	26086

(E) A "student's school district" means the school district	26087
operating the school in which the student is lawfully enrolled.	26088

Sec. 3353.21. (A) The eTech Ohio commission shall establish	26089
a clearinghouse of interactive distance learning courses and other	26090
distance learning courses delivered via a computer-based method	26091
offered by school districts for sharing with other school	26092
districts and community schools for the fee set pursuant to	26093
section 3353.24 of the Revised Code. The commission shall not be	26094
responsible for the content of courses offered through the	26095
clearinghouse; however, all such courses shall be delivered only	26096
in accordance with technical specifications approved by the	26097
commission.	26098

(B) To offer a course through the clearinghouse, a school	26099
district shall apply to the commission in a form and manner	26100
prescribed by the commission. The application for each course	26101
shall describe the course of study in as much detail as required	26102
by the commission, the qualification and credentials of the	26103
teacher, the number of hours of instruction, the technology	26104
required to deliver and receive the course, the technical capacity	26105
of the school district to deliver the course, the times that the	26106
school district plans to deliver the course, and any other	26107
information required by the commission. The commission may require	26108
school districts to include in their applications information	26109
recommended by the state board of education under section 3353.30	26110
of the Revised Code.	26111

(C) The commission shall review the technical specifications	26112
of each application submitted under division (B) of this section	26113
and shall approve a course offered if the commission determines	26114
that the school district can satisfactorily deliver the course	26115
through the technology necessary for that delivery. In reviewing	26116
applications, the commission may consult with the department of	26117
education; however, the responsibility to either approve or not	26118
approve a course for the clearinghouse belongs to the commission.	26119
The commission may request additional information from a school	26120
district that submits an application under division (B) of this	26121
section, if the commission determines that such information is	26122
necessary. The commission may negotiate changes in the proposal to	26123
offer a course, if the commission determines that changes are	26124
necessary in order to approve the course.	26125

(D) The commission shall catalog each course approved for the	26126
clearinghouse, through a print or electronic medium, displaying	26127
the following:	26128

(1) Information necessary for a student and the student's	26129
parent, guardian, or custodian and the student's school district	26130
or community school to decide whether to enroll in the course;	26131

(2) Instructions for enrolling in that course, including	26132
deadlines for enrollment.	26133

Sec. 3353.22. (A) A student who is enrolled in a school	26134
operated by a school district or in a community school may enroll	26135
in a course included in the clearinghouse only if both of the	26136
following conditions are satisfied:	26137

(1) The student's enrollment in the course is approved by the	26138
student's school district or the student's community school.	26139

(2) The student's school district or the student's community	26140
school agrees to accept for credit the grade assigned by the	26141
district that is delivering the course.	26142

(B) For each student enrolling in a course, the student's	26143
school district or the student's community school shall transmit	26144
to the eTech Ohio commission only the student's data verification	26145
code and not the student's name. The commission shall transmit	26146
that student's code to the school district delivering the course.	26147

The district delivering the course may request from the	26148
student's school district or the student's community school the	26149
student's name and other information from the student's school	26150
record. The student's school district or the student's community	26151
school shall provide the requested information only in accordance	26152
with section 3319.321 of the Revised Code.	26153

(C) The student's school district or the student's community	26154
school shall determine the manner in which and facilities at which	26155
the student shall participate in the course consistent with	26156
specifications for technology and connectivity adopted by the	26157
commission.	26158

(D) A student may withdraw from a course prior to the end of	26159
the course only by a date and in a manner prescribed by the	26160
student's school district or community school.	26161

(E) A student who is enrolled in a school operated by a	26162
school district or in a community school and who takes a course	26163
included in the clearinghouse shall be counted in the formula ADM	26164
of a school district under section 3317.03 of the Revised Code as	26165
if the student were taking the course from the student's school	26166
district or the student's community school.	26167

Sec. 3353.23. (A) The eTech Ohio commission shall keep a	26168
record of each student enrolled in each course included in the	26169
clearinghouse using the student's data verification code.	26170

(B) The commission shall report to the department of	26171
education the data verification code for each student enrolled in	26172
a course, the name of the school district delivering the course,	26173
the name of the student's school district or the name of the	26174
student's community school, the fee for the course, and the	26175
beginning and ending date of the course.	26176

Sec. 3353.24. (A) Unless the eTech Ohio commission sets a	26177
different fee amount pursuant to division (B) of this section, the	26178
fee for each course that is the equivalent of one-half unit of	26179
instruction offered through the clearinghouse shall be one hundred	26180
seventy-five dollars per student. The commission shall set the fee	26181
for a course that is either less than or greater than one-half	26182
unit of instruction based on the proportional amount the course is	26183
either less than or greater than one-half unit of instruction.	26184

(B) The commission, by rule adopted in accordance with	26185
Chapter 119. of the Revised Code, may set a fee for courses	26186
offered through the clearinghouse at a rate other than the one	26187
specified in division (A) of this section.	26188

(C) The commission shall proportionally reduce the fee for	26189
any student who withdraws from a course prior to the end of the	26190
course pursuant to division (D) of section 3353.22 of the Revised	26191
Code.	26192

Sec. 3353.25. For each student enrolled in a course included	26193
in the clearinghouse, in accordance with information reported	26194
under division (B) of section 3353.23 of the Revised Code and not	26195
later than the last day of that course, the department of	26196
education shall deduct the amount of the fee for that course from	26197
the student's school district or the student's community school,	26198
under division (P) of section 3317.023 or section 3314.086 or	26199
3317.161 of the Revised Code, and shall pay that amount to the	26200
school district delivering the course.	26201

Sec. 3353.26. The grade for a student who enrolls in a	26202
course included in the clearinghouse shall be assigned by the	26203
school district that delivers the course and shall be transmitted	26204
by that district to the student's school district or the student's	26205
community school.	26206

Sec. 3353.27. The eTech Ohio commission may determine the	26207
manner in which a course included in the clearinghouse may be	26208
offered as a dual enrollment program as defined in section	26209
3313.6013 of the Revised Code, may be offered to students who are	26210
enrolled in nonpublic schools or are instructed at home pursuant	26211
to section 3321.04 of the Revised Code, or may be offered at times	26212
outside the normal school day or school week, including any	26213
necessary additional fees and methods of payment for a course so	26214
offered.	26215

Sec. 3353.28. The eTech Ohio commission shall adopt rules in	26216
accordance with Chapter 119. of the Revised Code prescribing	26217
procedures for the implementation of sections 3353.20 to 3353.27	26218
of the Revised Code.	26219

Sec. 3353.29. Nothing in sections 3353.20 to 3353.28 of the	26220
Revised Code, or in rules implementing those sections, shall	26221
prohibit a school district from offering an interactive distance	26222
learning course or other distance learning course using a	26223
computer-based method through any means other than the	26224
clearinghouse established and maintained under those sections.	26225

Sec. 3353.30. Not later than six months after the effective	26226
date of this section, the state board of education shall adopt a	26227
resolution recommending to the eTech Ohio commission the types of	26228
information about a distance learning course that the commission	26229
might require school districts to submit with their applications	26230
to include the course in the clearinghouse.	26231

Sec. 3354.10. (A) All funds under the control of a board of	26232
trustees of a community college district, regardless of the source	26233
thereof, may be deposited by such board to its credit in banks or	26234
trust companies designated by it. Such banks or trust companies	26235
shall furnish security for every such deposit to the extent and in	26236
the manner provided in section 135.18 of the Revised Code, but no	26237
such deposit shall otherwise be subject to sections 135.01 to	26238
135.21 of the Revised Code. Thereupon, such funds may be disbursed	26239
by the board of trustees for the uses and purposes of such	26240
district. No contract of the board involving the expenditure of	26241
money shall become effective until there is placed thereon by the	26242
treasurer as fiscal officer of the district the certificate	26243
provided for by section 5705.41 of the Revised Code.	26244

(B) The board of trustees of a community college district may	26245
provide for the investment of district funds. Investments may be	26246
made in securities of the United States government or of its	26247
agencies or instrumentalities, the treasurer of state's pooled	26248
investment program, obligations of this state or any political	26249
subdivision of this state, certificates of deposit of any national	26250
bank located in this state, written repurchase agreements with any	26251
eligible Ohio financial institution that is a member of the	26252
federal reserve system or federal home loan bank, money market	26253
funds, or bankers acceptances maturing in two hundred seventy days	26254
or less which are eligible for purchase by the federal reserve	26255
system, as a reserve. Notwithstanding the foregoing or any	26256
provision of the Revised Code to the contrary, the board of	26257
trustees of a community college district may provide for the	26258
investment of district funds in any manner authorized under	26259
section 3345.05 of the Revised Code.	26260

(C) Any community college district is subject to audit by the	26261
auditor of state, who shall furnish to the county or counties	26262
which created the district a copy of the audit report.	26263

Sec. 3355.01. As used in ~~sections 3355.01 to 3355.14,~~	26264
~~inclusive, of the Revised Code~~this chapter:	26265

(A) "University branch district" means a political	26266
subdivision of the state and a body corporate with all the powers	26267
of a corporation, and organized for the purpose of establishing,	26268
owning, and operating a branch university district within the	26269
territory of such district.	26270

(B) "University branch" means an academic program	26271
administered by a state or municipal university in a community	26272
other than the community wherein is located the main campus of	26273
such university, and affording to the students in such program	26274
academic credit corresponding to that afforded to the students on	26275
the main campus upon satisfactory completion of comparable courses	26276
of instruction.	26277

Sec. 3355.15. A university branch may offer any baccalaureate	26278
program that has been approved under Chapter 3333. of the Revised	26279
Code to be offered at the main campus of the university.	26280

Sec. 3357.01. As used in ~~sections 3357.01 to 3357.19,~~	26281
~~inclusive, of the Revised Code~~this chapter:	26282

(A) "Technical college" means an institution of education	26283
beyond the high school, including an institution of higher	26284
education, organized for the principal purpose of providing for	26285
the residents of the technical college district, wherein such	26286
college is situated, any one or more of the instructional programs	26287
defined in this section as "~~technical-college~~technical college,"	26288
or "adult-education technical programs," normally not exceeding	26289
two years duration and not leading to a baccalaureate degree.	26290

(B) "Technical college district" means a political	26291
subdivision of the state and a body corporate with all the powers	26292
of a corporation, comprised of the territory of a city school	26293
district or a county, or two or more contiguous school districts	26294
or counties, which meets the standards prescribed by the Ohio	26295
board of regents pursuant to section 3357.02 of the Revised Code,	26296
and which is organized for the purpose of establishing, owning,	26297
and operating one or more technical colleges within the territory	26298
of such district.	26299

(C) "Contiguous school districts or counties" means school	26300
districts or counties so located that each such school district or	26301
county shares at least one boundary or a portion thereof in common	26302
with at least one other such school district or county in the	26303
group of school districts or counties referred to as being	26304
"contiguous."	26305

(D) "Technical college program" means a post high school	26306
curricular program provided within a technical college, planned	26307
and intended to qualify students, after satisfactory completion of	26308
such a program normally two years in duration, to pursue careers	26309
in which they provide immediate technical assistance to	26310
professional or managerial persons generally required to hold	26311
baccalaureate or higher academic degrees in technical or	26312
professional fields. The technical and professional fields	26313
referred to in this section include, but are not limited to,	26314
engineering and physical, medical, or other sciences.	26315

(E) "Adult-education technical program" means the	26316
dissemination of post high school technical education service and	26317
knowledge, for the occupational, or general educational benefit of	26318
adult persons.	26319

(F) "Charter amendment" means a change in the official plan	26320
of a technical college for the purpose of acquiring additional	26321
lands or structures, disposing of or transferring lands or	26322
structures, erecting structures, creating or abolishing technical	26323
college or adult education technical curricular programs.	26324

(G) "Baccalaureate-oriented associate degree program" means a	26325
curricular program of not more than two years' duration that is	26326
planned and intended to enable students to gain academic credit	26327
for courses comparable to first- and second-year courses offered	26328
by accredited colleges and universities. The purpose of	26329
baccalaureate-oriented associate degree coursework in technical	26330
colleges is to enable students to transfer to colleges and	26331
universities and earn baccalaureate degrees or to enable students	26332
to terminate academic study after two years with a proportionate	26333
recognition of academic achievement through receipt of an	26334
associate degree.	26335

Sec. 3357.10. (A) The board of trustees of a technical	26336
college district shall elect a treasurer, who is not a member of	26337
the board, to serve at its pleasure. The treasurer may be the	26338
person serving as secretary under section 3357.06 of the Revised	26339
Code. The treasurer shall be the fiscal officer of the district	26340
and shall receive and disburse all funds of the district under the	26341
direction of the board. No contract of the board involving the	26342
expenditure of money shall become effective until the treasurer	26343
certifies that there are funds of the board otherwise	26344
unappropriated sufficient to provide therefor.	26345

When the treasurer of the district ceases to hold such	26346
office, the treasurer or the treasurer's legal representatives	26347
shall deliver to the board or to the treasurer's successor all	26348
moneys, books, papers, and other property of the district in the	26349
treasurer's possession as treasurer. In case of the death or	26350
incapacity of the treasurer, the treasurer's legal representatives	26351
shall, in like manner, deliver all moneys, books, papers, and	26352
other property of the district to the board or to the person named	26353
as the treasurer's successor.	26354

(B) All funds under the control of a board of trustees of a	26355
technical college district, regardless of the source of the funds,	26356
may be deposited by the board to its credit in banks or trust	26357
companies designated by it. The banks or trust companies shall	26358
furnish security for every deposit to the extent and in the manner	26359
provided in section 135.18 of the Revised Code, but no deposit	26360
shall otherwise be subject to sections 135.01 to 135.21 of the	26361
Revised Code. Funds deposited in a bank or trust company may be	26362
disbursed by the board of trustees for the uses and purposes of	26363
the district.	26364

(C) The board may provide for the investment of district	26365
funds. Investments may be made in securities of the United States	26366
government or of its agencies or instrumentalities, the treasurer	26367
of state's pooled investment program, obligations of this state or	26368
any political subdivision of this state, certificates of deposit	26369
of any national bank located in this state, written repurchase	26370
agreements with any eligible Ohio financial institution that is a	26371
member of the federal reserve system or federal home loan bank,	26372
money market funds, or bankers acceptances maturing in two hundred	26373
seventy days or less which are eligible for purchase by the	26374
federal reserve system, as a reserve. Notwithstanding the	26375
foregoing or any provision of the Revised Code to the contrary,	26376
the board of trustees of a technical college district may provide	26377
for the investment of district funds in any manner authorized	26378
under section 3345.05 of the Revised Code.	26379

Sec. 3357.13. As used in this section, "state institution of	26380
higher education" has the same meaning as in section 3345.011 of	26381
the Revised Code.	26382

A technical college may offer any baccalaureate-oriented	26383
associate degree programs regardless of its co-location with	26384
another state institution of higher education.	26385

Sec. 3358.06. (A) The treasurer of each state community	26386
college district shall be its fiscal officer, and the treasurer	26387
shall receive and disburse all funds under the direction of the	26388
college president. No contract of the college's board of trustees	26389
involving the expenditure of money shall become effective until	26390
the treasurer certifies that there are funds of the board	26391
otherwise uncommitted and sufficient to provide therefor.	26392

When the treasurer ceases to hold the office, the treasurer	26393
or the treasurer's legal representative shall deliver to the	26394
treasurer's successor or the president all moneys, books, papers,	26395
and other property of the college.	26396

Before entering upon the discharge of official duties, the	26397
treasurer shall give bond to the state for the faithful	26398
performance of official duties and the proper accounting for all	26399
moneys coming into the treasurer's care. The amount of the bond	26400
shall be determined by the board but shall not be for a sum less	26401
than the estimated amount that may come into the treasurer's	26402
control at any time. The bond shall be approved by the attorney	26403
general.	26404

(B) The board of trustees may provide for the investment of	26405
district funds. Investments may be made in securities of the	26406
United States government or of its agencies or instrumentalities,	26407
the treasurer of state's pooled investment program, obligations of	26408
this state or any political subdivision of this state,	26409
certificates of deposit of any national bank located in this	26410
state, written repurchase agreements with any eligible Ohio	26411
financial institution that is a member of the federal reserve	26412
system or federal home loan bank, money market funds, or bankers	26413
acceptances maturing in two hundred seventy days or less which are	26414
eligible for purchase by the federal reserve system, as a reserve.	26415
Notwithstanding the foregoing or any provision of the Revised Code	26416
to the contrary, the board of trustees of a state community	26417
college district may provide for the investment of district funds	26418
in any manner authorized under section 3345.05 of the Revised	26419
Code.	26420

Sec. 3365.01. As used in this chapter:

26421

(A) "College" means any state-assisted college or university	26422
described in section 3333.041 of the Revised Code, any nonprofit	26423
institution holding a certificate of authorization pursuant to	26424
Chapter 1713. of the Revised Code, any private institution exempt	26425
from regulation under Chapter 3332. of the Revised Code as	26426
prescribed in section 3333.046 of the Revised Code, and any	26427
institution holding a certificate of registration from the state	26428
board of career colleges and schools and program authorization for	26429
an associate or bachelor's degree program issued under section	26430
3332.05 of the Revised Code.	26431

(B) "School district," except as specified in division (G) of	26432
this section, means any school district to which a student is	26433
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	26434
the Revised Code and does not include a joint vocational or	26435
cooperative education school district.	26436

(C) "Parent" has the same meaning as in section 3313.64 of	26437
the Revised Code.	26438

(D) "Participant" means a student enrolled in a college under	26439
the post-secondary enrollment options program established by this	26440
chapter.	26441

(E) "Secondary grade" means the ninth through twelfth grades.

26442

(F) "School foundation payments" means the amount required to	26443
be paid to a school district for a fiscal year under Chapter 3317.	26444
of the Revised Code.	26445

(G) "Tuition base" means, with respect to a participant's	26446
school district, the ~~greater of the following:~~	26447

~~(1) The fiscal year 2005 formula amount defined in section~~	26448
~~3317.02 of the Revised Code multiplied by the district's fiscal~~	26449
~~year 2005 cost-of-doing-business factor defined in that section;~~	26450

~~(2) The~~ sum of (the ~~current~~ formula amount ~~times the current~~	26451
~~cost-of-doing-business factor defined in section 3317.02 of the~~	26452
~~Revised Code)~~ plus the per pupil amount of the base funding	26453
supplements specified in divisions (C)(1) to (4) of section	26454
3317.012 of the Revised Code.	26455

The participant's "school district" in the case of a	26456
participant enrolled in a community school shall be the school	26457
district in which the student is entitled to attend school under	26458
section 3313.64 or 3313.65 of the Revised Code.	26459

(H) "Educational program" means enrollment in one or more	26460
school districts, in a nonpublic school, or in a college under	26461
division (B) of section 3365.04 of the Revised Code.	26462

(I) "Nonpublic school" means a chartered or nonchartered	26463
school for which minimum standards are prescribed by the state	26464
board of education pursuant to division (D) of section 3301.07 of	26465
the Revised Code.	26466

(J) "School year" means the year beginning on the first day	26467
of July and ending on the thirtieth day of June.	26468

(K) "Community school" means any school established pursuant	26469
to Chapter 3314. of the Revised Code that includes secondary	26470
grades.	26471

(L) "Community school payments" means payments made by the	26472
department of education to a community school pursuant to division	26473
(D) of section 3314.08 of the Revised Code.	26474

Sec. 3381.04. (A) In lieu of the procedure set forth in	26475
section 3381.03 of the Revised Code, any county with a population	26476
of five hundred thousand or more, at any time before the creation	26477
of a regional arts and cultural district under that section, may	26478
create a regional arts and cultural district by adoption of a	26479
resolution by the board of county commissioners of that county.	26480
The resolution shall state all of the following:	26481

(1) The purposes for the creation of the district;

26482

(2) That the territory of the district shall be coextensive	26483
with the territory of the county;	26484

(3) The official name by which the district shall be known;

26485

(4) The location of the principal office of the district or	26486
the manner in which the location shall be selected.	26487

(B) The district provided for in the resolution shall be	26488
created upon the adoption of the resolution by the board of county	26489
commissioners of that county. Upon the adoption of the resolution,	26490
the county and the municipal corporations and townships contained	26491
in the county shall not thereafter be a part of any other regional	26492
arts and cultural district.	26493

(C) The board of trustees of any regional arts and cultural	26494
district formed in accordance with this section shall be comprised	26495
of ~~three~~five members appointed by the board of county	26496
commissioners.	26497

Sec. 3501.01. As used in the sections of the Revised Code	26498
relating to elections and political communications:	26499

(A) "General election" means the election held on the first	26500
Tuesday after the first Monday in each November.	26501

(B) "Regular municipal election" means the election held on	26502
the first Tuesday after the first Monday in November in each	26503
odd-numbered year.	26504

(C) "Regular state election" means the election held on the	26505
first Tuesday after the first Monday in November in each	26506
even-numbered year.	26507

(D) "Special election" means any election other than those	26508
elections defined in other divisions of this section. A special	26509
election may be held only on the first Tuesday after the first	26510
Monday in February, May, August, or November, or on the day	26511
authorized by a particular municipal or county charter for the	26512
holding of a primary election, except that in any year in which a	26513
presidential primary election is held, no special election shall	26514
be held in February or May, except as authorized by a municipal or	26515
county charter, but may be held on the first Tuesday after the	26516
first Monday in March.	26517

(E)(1) "Primary" or "primary election" means an election held	26518
for the purpose of nominating persons as candidates of political	26519
parties for election to offices, and for the purpose of electing	26520
persons as members of the controlling committees of political	26521
parties and as delegates and alternates to the conventions of	26522
political parties. Primary elections shall be held on the first	26523
Tuesday after the first Monday in May of each year except in years	26524
in which a presidential primary election is held.	26525

(2) "Presidential primary election" means a primary election	26526
as defined by division (E)(1) of this section at which an election	26527
is held for the purpose of choosing delegates and alternates to	26528
the national conventions of the major political parties pursuant	26529
to section 3513.12 of the Revised Code. Unless otherwise	26530
specified, presidential primary elections are included in	26531
references to primary elections. In years in which a presidential	26532
primary election is held, all primary elections shall be held on	26533
the first Tuesday after the first Monday in March except as	26534
otherwise authorized by a municipal or county charter.	26535

(F) "Political party" means any group of voters meeting the	26536
requirements set forth in section 3517.01 of the Revised Code for	26537
the formation and existence of a political party.	26538

(1) "Major political party" means any political party	26539
organized under the laws of this state whose candidate for	26540
governor or nominees for presidential electors received no less	26541
than twenty per cent of the total vote cast for such office at the	26542
most recent regular state election.	26543

(2) "Intermediate political party" means any political party	26544
organized under the laws of this state whose candidate for	26545
governor or nominees for presidential electors received less than	26546
twenty per cent but not less than ten per cent of the total vote	26547
cast for such office at the most recent regular state election.	26548

(3) "Minor political party" means any political party	26549
organized under the laws of this state whose candidate for	26550
governor or nominees for presidential electors received less than	26551
ten per cent but not less than five per cent of the total vote	26552
cast for such office at the most recent regular state election or	26553
which has filed with the secretary of state, subsequent to any	26554
election in which it received less than five per cent of such	26555
vote, a petition signed by qualified electors equal in number to	26556
at least one per cent of the total vote cast for such office in	26557
the last preceding regular state election, except that a newly	26558
formed political party shall be known as a minor political party	26559
until the time of the first election for governor or president	26560
which occurs not less than twelve months subsequent to the	26561
formation of such party, after which election the status of such	26562
party shall be determined by the vote for the office of governor	26563
or president.	26564

(G) "Dominant party in a precinct" or "dominant political	26565
party in a precinct" means that political party whose candidate	26566
for election to the office of governor at the most recent regular	26567
state election at which a governor was elected received more votes	26568
than any other person received for election to that office in such	26569
precinct at such election.	26570

(H) "Candidate" means any qualified person certified in	26571
accordance with the provisions of the Revised Code for placement	26572
on the official ballot of a primary, general, or special election	26573
to be held in this state, or any qualified person who claims to be	26574
a write-in candidate, or who knowingly assents to being	26575
represented as a write-in candidate by another at either a	26576
primary, general, or special election to be held in this state.	26577

(I) "Independent candidate" means any candidate who claims	26578
not to be affiliated with a political party, and whose name has	26579
been certified on the office-type ballot at a general or special	26580
election through the filing of a statement of candidacy and	26581
nominating petition, as prescribed in section 3513.257 of the	26582
Revised Code.	26583

(J) "Nonpartisan candidate" means any candidate whose name is	26584
required, pursuant to section 3505.04 of the Revised Code, to be	26585
listed on the nonpartisan ballot, including all candidates for	26586
judicial office, for member of any board of education, for	26587
municipal or township offices in which primary elections are not	26588
held for nominating candidates by political parties, and for	26589
offices of municipal corporations having charters that provide for	26590
separate ballots for elections for these offices.	26591

(K) "Party candidate" means any candidate who claims to be a	26592
member of a political party, whose name has been certified on the	26593
office-type ballot at a general or special election through the	26594
filing of a declaration of candidacy and petition of candidate,	26595
and who has won the primary election of the candidate's party for	26596
the public office the candidate seeks or is selected by party	26597
committee in accordance with section 3513.31 of the Revised Code.	26598

(L) "Officer of a political party" includes, but is not	26599
limited to, any member, elected or appointed, of a controlling	26600
committee, whether representing the territory of the state, a	26601
district therein, a county, township, a city, a ward, a precinct,	26602
or other territory, of a major, intermediate, or minor political	26603
party.	26604

(M) "Question or issue" means any question or issue certified	26605
in accordance with the Revised Code for placement on an official	26606
ballot at a general or special election to be held in this state.	26607

(N) "Elector" or "qualified elector" means a person having	26608
the qualifications provided by law to be entitled to vote.	26609

(O) "Voter" means an elector who votes at an election.

26610

(P) "Voting residence" means that place of residence of an	26611
elector which shall determine the precinct in which the elector	26612
may vote.	26613

(Q) "Precinct" means a district within a county established	26614
by the board of elections of such county within which all	26615
qualified electors having a voting residence therein may vote at	26616
the same polling place.	26617

(R) "Polling place" means that place provided for each	26618
precinct at which the electors having a voting residence in such	26619
precinct may vote.	26620

(S) "Board" or "board of elections" means the board of	26621
elections appointed in a county pursuant to section 3501.06 of the	26622
Revised Code.	26623

(T) "Political subdivision" means a county, township, city,	26624
village, or school district.	26625

(U) "Election officer" or "election official" means any of	26626
the following:	26627

(1) Secretary of state;

26628

(2) Employees of the secretary of state serving the division	26629
of elections in the capacity of attorney, administrative officer,	26630
administrative assistant, elections administrator, office manager,	26631
or clerical supervisor;	26632

(3) Director of a board of elections;

26633

(4) Deputy director of a board of elections;

26634

(5) Member of a board of elections;

26635

(6) Employees of a board of elections;

26636

(7) Precinct polling place judges ~~and clerks~~;

26637

(8) Employees appointed by the boards of elections on a	26638
temporary or part-time basis.	26639

(V) "Acknowledgment notice" means a notice sent by a board of	26640
elections, on a form prescribed by the secretary of state,	26641
informing a voter registration applicant or an applicant who	26642
wishes to change the applicant's residence or name of the status	26643
of the application; the information necessary to complete or	26644
update the application, if any; and if the application is	26645
complete, the precinct in which the applicant is to vote.	26646

(W) "Confirmation notice" means a notice sent by a board of	26647
elections, on a form prescribed by the secretary of state, to a	26648
registered elector to confirm the registered elector's current	26649
address.	26650

(X) "Designated agency" means an office or agency in the	26651
state that provides public assistance or that provides	26652
state-funded programs primarily engaged in providing services to	26653
persons with disabilities and that is required by the National	26654
Voter Registration Act of 1993 to implement a program designed and	26655
administered by the secretary of state for registering voters, or	26656
any other public or government office or agency that implements a	26657
program designed and administered by the secretary of state for	26658
registering voters, including the department of job and family	26659
services, the program administered under section 3701.132 of the	26660
Revised Code by the department of health, the department of mental	26661
health, the department of mental retardation and developmental	26662
disabilities, the rehabilitation services commission, and any	26663
other agency the secretary of state designates. "Designated	26664
agency" does not include public high schools and vocational	26665
schools, public libraries, or the office of a county treasurer.	26666

(Y) "National Voter Registration Act of 1993" means the	26667
"National Voter Registration Act of 1993," 107 Stat. 77, 42	26668
U.S.C.A. 1973gg.	26669

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	26670
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	26671

(AA) "Photo identification" means a document that meets each	26672
of the following requirements:	26673

(1) It shows the name of the individual to whom it was	26674
issued, which shall conform to the name in the poll list or	26675
signature pollbook.	26676

(2) It shows the current address of the individual to whom it	26677
was issued, which shall conform to the address in the poll list or	26678
signature pollbook, except for a driver's license or a state	26679
identification card issued under section 4507.50 of the Revised	26680
Code, which may show either the current or former address of the	26681
individual to whom it was issued, regardless of whether that	26682
address conforms to the address in the poll list or signature	26683
pollbook.	26684

(3) It shows a photograph of the individual to whom it was	26685
issued.	26686

(4) It includes an expiration date that has not passed.

26687

(5) It was issued by the government of the United States or	26688
this state.	26689

Sec. 3501.05. The secretary of state shall do all of the	26690
following:	26691

(A) Appoint all members of boards of elections;

26692

(B) Issue instructions by directives and advisories to	26693
members of the boards as to the proper methods of conducting	26694
elections. In addition to any other publication of those	26695
directives and advisories, the secretary of state shall publish	26696
those directives and advisories on a web site of the office of the	26697
secretary of state as soon as is practicable after they are	26698
issued, but not later than the close of business on the same day	26699
as a directive or advisory is issued. The secretary of state shall	26700
not remove from the web site any directives and advisories so	26701
posted. The secretary of state shall provide on that web site	26702
access to all directives and advisories currently in effect and to	26703
maintain an archive of all directives and advisories previously	26704
published on that web site.	26705

(C) Prepare rules and instructions for the conduct of	26706
elections;	26707

(D) Publish and furnish to the boards from time to time a	26708
sufficient number of indexed copies of all election laws then in	26709
force;	26710

(E) Edit and issue all pamphlets concerning proposed laws or	26711
amendments required by law to be submitted to the voters;	26712

(F) Prescribe the form of registration cards, blanks, and	26713
records;	26714

(G) Determine and prescribe the forms of ballots and the	26715
forms of all blanks, cards of instructions, pollbooks, tally	26716
sheets, certificates of election, and forms and blanks required by	26717
law for use by candidates, committees, and boards;	26718

(H) Prepare the ballot title or statement to be placed on the	26719
ballot for any proposed law or amendment to the constitution to be	26720
submitted to the voters of the state;	26721

(I) Except as otherwise provided in section 3519.08 of the	26722
Revised Code, certify to the several boards the forms of ballots	26723
and names of candidates for state offices, and the form and	26724
wording of state referendum questions and issues, as they shall	26725
appear on the ballot;	26726

(J) Except as otherwise provided in division (I)(2)(b) of	26727
section 3501.38 of the Revised Code, give final approval to ballot	26728
language for any local question or issue approved and transmitted	26729
by boards of elections under section 3501.11 of the Revised Code;	26730

(K) Receive all initiative and referendum petitions on state	26731
questions and issues and determine and certify to the sufficiency	26732
of those petitions;	26733

(L) Require such reports from the several boards as are	26734
provided by law, or as the secretary of state considers necessary;	26735

(M) Compel the observance by election officers in the several	26736
counties of the requirements of the election laws;	26737

(N)(1) Except as otherwise provided in division (N)(2) of	26738
this section, investigate the administration of election laws,	26739
frauds, and irregularities in elections in any county, and report	26740
violations of election laws to the attorney general or prosecuting	26741
attorney, or both, for prosecution;	26742

(2) On and after August 24, 1995, report a failure to comply	26743
with or a violation of a provision in sections 3517.08 to 3517.13,	26744
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	26745
Revised Code, whenever the secretary of state has or should have	26746
knowledge of a failure to comply with or a violation of a	26747
provision in one of those sections, by filing a complaint with the	26748
Ohio elections commission under section 3517.153 of the Revised	26749
Code;	26750

(O) Make an annual report to the governor containing the	26751
results of elections, the cost of elections in the various	26752
counties, a tabulation of the votes in the several political	26753
subdivisions, and other information and recommendations relative	26754
to elections the secretary of state considers desirable;	26755

(P) Prescribe and distribute to boards of elections a list of	26756
instructions indicating all legal steps necessary to petition	26757
successfully for local option elections under sections 4301.32 to	26758
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	26759

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	26760
~~to require each board~~for the removal by boards of elections to	26761
~~remove~~of ineligible voters from the statewide voter registration	26762
database and, if ~~already prepared for a particular election~~	26763
applicable, from the poll list or signature pollbook used in each	26764
precinct, which rules shall provide for all of the following:	26765

(1) A process for the removal of voters who have changed	26766
residence, which shall be uniform, nondiscriminatory, and in	26767
compliance with the Voting Rights Act of 1965 and the National	26768
Voter Registration Act of 1993, including a program that uses the	26769
national change of address service provided by the United States	26770
postal system through its licensees;	26771

(2) A process for the removal of ineligible voters under	26772
section 3503.21 of the Revised Code;	26773

(3) A uniform system for marking or removing the name of an	26774
~~ineligible~~a voter who is ineligible to vote from the statewide	26775
voter registration database and, if ~~already prepared for a~~	26776
~~particular election~~applicable, from the poll list or signature	26777
pollbook used in each precinct and noting the reason for that mark	26778
or removal.	26779

(R) Prescribe a general program for registering voters or	26780
updating voter registration information, such as name and	26781
residence changes, at designated agencies, the offices of deputy	26782
registrars of motor vehicles, public high schools and vocational	26783
schools, public libraries, and the offices of county treasurers,	26784
and prescribe a program of distribution of voter registration	26785
forms through those agencies, the offices of the registrar and	26786
deputy registrars of motor vehicles, public high schools and	26787
vocational schools, public libraries, and the offices of county	26788
treasurers;	26789

(S) To the extent feasible, provide copies, at no cost and	26790
upon request, of the voter registration form in post offices in	26791
this state;	26792

(T) Adopt rules pursuant to section 111.15 of the Revised	26793
Code for the purpose of implementing the program for registering	26794
voters at designated agencies and the offices of the registrar and	26795
deputy registrars of motor vehicles consistent with this chapter;	26796

(U) Establish the full-time position of Americans with	26797
Disabilities Act coordinator within the office of the secretary of	26798
state to do all of the following:	26799

(1) Assist the secretary of state with ensuring that there is	26800
equal access to polling places for persons with disabilities;	26801

(2) Assist the secretary of state with ensuring that each	26802
voter may cast the voter's ballot in a manner that provides the	26803
same opportunity for access and participation, including privacy	26804
and independence, as for other voters;	26805

(3) Advise the secretary of state in the development of	26806
standards for the certification of voting machines, marking	26807
devices, and automatic tabulating equipment.	26808

(V) Establish and maintain a computerized statewide database	26809
of all legally registered voters under section 3503.15 of the	26810
Revised Code that complies with the requirements of the "Help	26811
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	26812
and provide training in the operation of that system;	26813

(W) Ensure that all directives, advisories, other	26814
instructions, or decisions issued or made during or as a result of	26815
any conference or teleconference call with a board of elections to	26816
discuss the proper methods and procedures for conducting	26817
elections, to answer questions regarding elections, or to discuss	26818
the interpretation of directives, advisories, or other	26819
instructions issued by the secretary of state are posted on a web	26820
site of the office of the secretary of state as soon as is	26821
practicable after the completion of the conference or	26822
teleconference call, but not later than the close of business on	26823
the same day as the conference or teleconference call takes place.	26824

(X) Publish a report on a web site of the office of the	26825
secretary of state not later than one month after the completion	26826
of the canvass of the election returns for each primary and	26827
general election, identifying, by county, the number of absent	26828
voter's ballots cast and the number of those ballots that were	26829
counted, and the number of provisional ballots cast and the number	26830
of those ballots that were counted, for that election. The	26831
secretary of state shall maintain the information on the web site	26832
in an archive format for each subsequent election.	26833

(Y) Conduct voter education outlining voter identification,	26834
absent voters ballot, provisional ballot, and other voting	26835
requirements;	26836

(Z) Establish a procedure by which a registered elector may	26837
~~update the elector's~~make available to a board of elections a more	26838
recent signature to be used in the poll list or signature pollbook	26839
produced by the board of elections of the county in which the	26840
elector resides;	26841

(AA) Disseminate information, which may include all or part	26842
of the official explanations and arguments, by means of direct	26843
mail or other written publication, broadcast, or other means or	26844
combination of means, as directed by the Ohio ballot board under	26845
division (F) of section 3505.062 of the Revised Code, in order to	26846
inform the voters as fully as possible concerning each proposed	26847
constitutional amendment, proposed law, or referendum;	26848

(BB) Perform other duties required by law.

26849

Whenever a primary election is held under section 3513.32 of	26850
the Revised Code or a special election is held under section	26851
3521.03 of the Revised Code to fill a vacancy in the office of	26852
representative to congress, the secretary of state shall establish	26853
a deadline, notwithstanding any other deadline required under the	26854
Revised Code, by which any or all of the following shall occur:	26855
the filing of a declaration of candidacy and petitions or a	26856
statement of candidacy and nominating petition together with the	26857
applicable filing fee; the filing of protests against the	26858
candidacy of any person filing a declaration of candidacy or	26859
nominating petition; the filing of a declaration of intent to be a	26860
write-in candidate; the filing of campaign finance reports; the	26861
preparation of, and the making of corrections or challenges to,	26862
precinct voter registration lists; the receipt of applications for	26863
absent voter's ballots or armed service absent voter's ballots;	26864
the supplying of election materials to precincts by boards of	26865
elections; the holding of hearings by boards of elections to	26866
consider challenges to the right of a person to appear on a voter	26867
registration list; and the scheduling of programs to instruct or	26868
reinstruct election officers.	26869

In the performance of the secretary of state's duties as the	26870
chief election officer, the secretary of state may administer	26871
oaths, issue subpoenas, summon witnesses, compel the production of	26872
books, papers, records, and other evidence, and fix the time and	26873
place for hearing any matters relating to the administration and	26874
enforcement of the election laws.	26875

In any controversy involving or arising out of the adoption	26876
of registration or the appropriation of funds for registration,	26877
the secretary of state may, through the attorney general, bring an	26878
action in the name of the state in the court of common pleas of	26879
the county where the cause of action arose or in an adjoining	26880
county, to adjudicate the question.	26881

In any action involving the laws in Title XXXV of the Revised	26882
Code wherein the interpretation of those laws is in issue in such	26883
a manner that the result of the action will affect the lawful	26884
duties of the secretary of state or of any board of elections, the	26885
secretary of state may, on the secretary of state's motion, be	26886
made a party.	26887

The secretary of state may apply to any court that is hearing	26888
a case in which the secretary of state is a party, for a change of	26889
venue as a substantive right, and the change of venue shall be	26890
allowed, and the case removed to the court of common pleas of an	26891
adjoining county named in the application or, if there are cases	26892
pending in more than one jurisdiction that involve the same or	26893
similar issues, the court of common pleas of Franklin county.	26894

Public high schools and vocational schools, public libraries,	26895
and the office of a county treasurer shall implement voter	26896
registration programs as directed by the secretary of state	26897
pursuant to this section.	26898

Sec. 3501.11. Each board of elections shall exercise by a	26899
majority vote all powers granted to the board by Title XXXV of the	26900
Revised Code, shall perform all the duties imposed by law, and	26901
shall do all of the following:	26902

(A) Establish, define, provide, rearrange, and combine	26903
election precincts;	26904

(B) Fix and provide the places for registration and for	26905
holding primaries and elections;	26906

(C) Provide for the purchase, preservation, and maintenance	26907
of booths, ballot boxes, books, maps, flags, blanks, cards of	26908
instructions, and other forms, papers, and equipment used in	26909
registration, nominations, and elections;	26910

(D) Appoint and remove its director, deputy director, and	26911
employees and all registrars, judges, and other officers of	26912
elections, fill vacancies, and designate the ward or district and	26913
precinct in which each shall serve;	26914

(E) Make and issue rules and instructions, not inconsistent	26915
with law or the rules, directives, or advisories issued by the	26916
secretary of state, as it considers necessary for the guidance of	26917
election officers and voters;	26918

(F) Advertise and contract for the printing of all ballots	26919
and other supplies used in registrations and elections;	26920

(G) Provide for the issuance of all notices, advertisements,	26921
and publications concerning elections, except as otherwise	26922
provided in division (G) of section 3501.17 and divisions (F) and	26923
(G) of section 3505.062 of the Revised Code;	26924

(H) Provide for the delivery of ballots, pollbooks, and other	26925
required papers and material to the polling places;	26926

(I) Cause the polling places to be suitably provided with	26927
voting machines, marking devices, automatic tabulating equipment,	26928
stalls, and other required supplies. In fulfilling this duty, each	26929
board of a county that uses voting machines, marking devices, or	26930
automatic tabulating equipment shall conduct a full vote of the	26931
board during a public session of the board on the allocation and	26932
distribution of voting machines, marking devices, and automatic	26933
tabulating equipment for each precinct in the county.	26934

(J) Investigate irregularities, nonperformance of duties, or	26935
violations of Title XXXV of the Revised Code by election officers	26936
and other persons; administer oaths, issue subpoenas, summon	26937
witnesses, and compel the production of books, papers, records,	26938
and other evidence in connection with any such investigation; and	26939
report the facts to the prosecuting attorney;	26940

(K) Review, examine, and certify the sufficiency and validity	26941
of petitions and nomination papers, and, after certification,	26942
return to the secretary of state all petitions and nomination	26943
papers that the secretary of state forwarded to the board;	26944

(L) Receive the returns of elections, canvass the returns,	26945
make abstracts of them, and transmit those abstracts to the proper	26946
authorities;	26947

(M) Issue certificates of election on forms to be prescribed	26948
by the secretary of state;	26949

(N) Make an annual report to the secretary of state, on the	26950
form prescribed by the secretary of state, containing a statement	26951
of the number of voters registered, elections held, votes cast,	26952
appropriations received, expenditures made, and other data	26953
required by the secretary of state;	26954

(O) Prepare and submit to the proper appropriating officer a	26955
budget estimating the cost of elections for the ensuing fiscal	26956
year;	26957

(P) Perform other duties as prescribed by law or the rules,	26958
directives, or advisories of the secretary of state;	26959

(Q) Investigate and determine the residence qualifications of	26960
electors;	26961

(R) Administer oaths in matters pertaining to the	26962
administration of the election laws;	26963

(S) Prepare and submit to the secretary of state, whenever	26964
the secretary of state requires, a report containing the names and	26965
residence addresses of all incumbent county, municipal, township,	26966
and board of education officials serving in their respective	26967
counties;	26968

(T) Establish and maintain a voter registration database of	26969
all qualified electors in the county who offer to register;	26970

(U) Maintain voter registration records, make reports	26971
concerning voter registration as required by the secretary of	26972
state, and remove ineligible electors from voter registration	26973
lists in accordance with law and directives of the secretary of	26974
state;	26975

(V) Give approval to ballot language for any local question	26976
or issue and transmit the language to the secretary of state for	26977
the secretary of state's final approval;	26978

(W) Prepare and cause the following notice to be displayed in	26979
a prominent location in every polling place:	26980

"NOTICE

26981

Ohio law prohibits any person from voting or attempting to	26982
vote more than once at the same election.	26983

Violators are guilty of a felony of the fourth degree and	26984
shall be imprisoned and additionally may be fined in accordance	26985
with law."	26986

(X) In all cases of a tie vote or a disagreement in the	26987
board, if no decision can be arrived at, the director or	26988
chairperson shall submit the matter in controversy, not later than	26989
fourteen days after the tie vote or the disagreement, to the	26990
secretary of state, who shall summarily decide the question, and	26991
the secretary of state's decision shall be final.	26992

(Y) Assist each designated agency, deputy registrar of motor	26993
vehicles, public high school and vocational school, public	26994
library, and office of a county treasurer in the implementation of	26995
a program for registering voters at all voter registration	26996
locations as prescribed by the secretary of state. Under this	26997
program, each board of elections shall direct to the appropriate	26998
board of elections any voter registration applications for persons	26999
residing outside the county where the board is located within five	27000
days after receiving the applications.	27001

(Z) On any day on which an elector may vote in person at the	27002
office of the board or at another site designated by the board,	27003
consider the board or other designated site a polling place for	27004
that day. All requirements or prohibitions of law that apply to a	27005
polling place shall apply to the office of the board or other	27006
designated site on that day.	27007

Sec. 3501.17. (A) The expenses of the board of elections	27008
shall be paid from the county treasury, in pursuance of	27009
appropriations by the board of county commissioners, in the same	27010
manner as other county expenses are paid. If the board of county	27011
commissioners fails to appropriate an amount sufficient to provide	27012
for the necessary and proper expenses of the board of elections	27013
pertaining to the conduct of elections, the board of elections	27014
may apply to the court of common pleas within the county, which	27015
shall fix the amount necessary to be appropriated and the amount	27016
shall be appropriated. Payments shall be made upon vouchers of the	27017
board of elections certified to by its chairperson or acting	27018
chairperson and the director or deputy director, upon warrants of	27019
the county auditor.	27020

The board of elections shall not incur any obligation	27021
involving the expenditure of money unless there are moneys	27022
sufficient in the funds appropriated therefor to meet the	27023
obligation. If the board of elections requests a transfer of funds	27024
from one of its appropriation items to another, the board of	27025
county commissioners shall adopt a resolution providing for the	27026
transfer except as otherwise provided in section 5705.40 of the	27027
Revised Code. The expenses of the board of elections shall be	27028
apportioned among the county and the various subdivisions as	27029
provided in this section, and the amount chargeable to each	27030
subdivision shall be withheld by the auditor from the moneys	27031
payable thereto at the time of the next tax settlement. At the	27032
time of submitting budget estimates in each year, the board of	27033
elections shall submit to the taxing authority of each	27034
subdivision, upon the request of the subdivision, an estimate of	27035
the amount to be withheld from the subdivision during the next	27036
fiscal year.	27037

(B) Except as otherwise provided in division (F) of this	27038
section, the ~~entire~~ compensation of the members of the board of	27039
elections and of the director, deputy director, and ~~other~~regular	27040
employees in the board's offices, other than compensation for	27041
overtime worked; the expenditures for the rental, furnishing, and	27042
equipping of the office of the board and for the necessary office	27043
supplies for the use of the board; the expenditures for the	27044
acquisition, repair, care, and custody of the polling places,	27045
booths, guardrails, and other equipment for polling places; the	27046
cost of ~~pollbooks,~~ tally sheets, maps, flags, ballot boxes, and	27047
all other permanent records and equipment; the cost of all	27048
elections held in and for the state and county; and all other	27049
expenses of the board which are not chargeable to a political	27050
subdivision in accordance with this section shall be paid in the	27051
same manner as other county expenses are paid.	27052

(C) The compensation of judges ~~and clerks~~ of elections and	27053
intermittent employees in the board's offices; the cost of	27054
renting, moving, heating, and lighting polling places and of	27055
placing and removing ballot boxes and other fixtures and equipment	27056
thereof, including voting machines, marking devices, and automatic	27057
tabulating equipment; the cost of printing and delivering ballots,	27058
cards of instructions, registration lists required under section	27059
3503.23 of the Revised Code, and other election supplies,	27060
including the supplies required to comply with division (H) of	27061
section 3506.01 of the Revised Code; the cost of contractors	27062
engaged by the board to prepare, program, test, and operate voting	27063
machines, marking devices, and automatic tabulating equipment; and	27064
all other expenses of conducting primaries and elections in the	27065
odd-numbered years shall be charged to the subdivisions in and for	27066
which such primaries or elections are held. The charge for each	27067
primary or general election in odd-numbered years for each	27068
subdivision shall be determined in the following manner: first,	27069
the total cost of all chargeable items used in conducting such	27070
elections shall be ascertained; second, the total charge shall be	27071
divided by the number of precincts participating in such election,	27072
in order to fix the cost per precinct; third, the cost per	27073
precinct shall be prorated by the board of elections to the	27074
subdivisions conducting elections for the nomination or election	27075
of offices in such precinct; fourth, the total cost for each	27076
subdivision shall be determined by adding the charges prorated to	27077
it in each precinct within the subdivision.	27078

(D) The entire cost of special elections held on a day other	27079
than the day of a primary or general election, both in	27080
odd-numbered or in even-numbered years, shall be charged to the	27081
subdivision. Where a special election is held on the same day as a	27082
primary or general election in an even-numbered year, the	27083
subdivision submitting the special election shall be charged only	27084
for the cost of ballots and advertising. Where a special election	27085
is held on the same day as a primary or general election in an	27086
odd-numbered year, the subdivision submitting the special election	27087
shall be charged for the cost of ballots and advertising for such	27088
special election, in addition to the charges prorated to such	27089
subdivision for the election or nomination of candidates in each	27090
precinct within the subdivision, as set forth in the preceding	27091
paragraph.	27092

(E) Where a special election is held on the day specified by	27093
division (E) of section 3501.01 of the Revised Code for the	27094
holding of a primary election, for the purpose of submitting to	27095
the voters of the state constitutional amendments proposed by the	27096
general assembly, and a subdivision conducts a special election on	27097
the same day, the entire cost of the special election shall be	27098
divided proportionally between the state and the subdivision based	27099
upon a ratio determined by the number of issues placed on the	27100
ballot by each, except as otherwise provided in division (G) of	27101
this section. Such proportional division of cost shall be made	27102
only to the extent funds are available for such purpose from	27103
amounts appropriated by the general assembly to the secretary of	27104
state. If a primary election is also being conducted in the	27105
subdivision, the costs shall be apportioned as otherwise provided	27106
in this section.	27107

(F) When a precinct is open during a general, primary, or	27108
special election solely for the purpose of submitting to the	27109
voters a statewide ballot issue, the state shall bear the entire	27110
cost of the election in that precinct and shall reimburse the	27111
county for all expenses incurred in opening the precinct.	27112

(G) The state shall bear the entire cost of advertising in	27113
newspapers statewide ballot issues, explanations of those issues,	27114
and arguments for or against those issues, as required by Section	27115
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	27116
and any other section of law ~~and~~. The general assembly shall	27117
appropriate to the Ohio ballot board the funds required for such	27118
advertising. The Ohio ballot board shall reimburse the ~~counties~~	27119
secretary of state for all expenses ~~they incur~~the secretary of	27120
state incurs for such advertising under division (G) of section	27121
3505.062 of the Revised Code.	27122

(H) The cost of renting, heating, and lighting registration	27123
places; the cost of the necessary books, forms, and supplies for	27124
the conduct of registration; and the cost of printing and posting	27125
precinct registration lists shall be charged to the subdivision in	27126
which such registration is held.	27127

(I) As used in this section~~, "statewide~~:

27128

(1) "Political subdivision" and "subdivision" mean any board	27129
of county commissioners, board of township trustees, legislative	27130
authority of a municipal corporation, board of education, or any	27131
other board, commission, district, or authority that is empowered	27132
to levy taxes or permitted to receive the proceeds of a tax levy,	27133
regardless of whether the entity receives tax settlement moneys as	27134
described in division (A) of this section;	27135

(2) "Statewide ballot issue" means any ballot issue, whether	27136
proposed by the general assembly or by initiative or referendum,	27137
that is submitted to the voters throughout the state.	27138

Sec. 3501.31. The board of elections shall mail to each	27139
precinct election official notice of the date, hours, and place of	27140
holding each election in the official's respective precinct at	27141
which it desires the official to serve. Each of such officials	27142
shall notify the board immediately upon receipt of such notice of	27143
any inability to serve.	27144

The election official designated as presiding judge under	27145
section 3501.22 of the Revised Code shall call at the office of	27146
the board at such time before the day of the election, not earlier	27147
than the tenth day before the day of the election, as the board	27148
designates to obtain the ballots, pollbooks, registration forms	27149
and lists, and other material to be used in the official's polling	27150
place on election day.	27151

The board may also provide for the delivery of such materials	27152
to polling places in a municipal corporation by members of the	27153
police department of such municipal corporation; or the board may	27154
provide for the delivery of such materials to the presiding judge	27155
not earlier than the tenth day before the election, in any manner	27156
it finds to be advisable.	27157

On election day the precinct election officials shall	27158
punctually attend the polling place one-half hour before the time	27159
fixed for opening the polls. Each of the precinct election	27160
officials shall thereupon make and subscribe to a statement which	27161
shall be as follows:	27162

"State of Ohio

27163

County of ...............

27164

I do solemnly swear under the penalty of perjury that I will	27165
support the constitution of the United States of America and the	27166
constitution of the state of Ohio and its laws; that I have not	27167
been convicted of a felony or any violation of the election laws;	27168
that I will discharge to the best of my ability the duties of	27169
~~.................... (judge or clerk) ....................~~judge	27170
of election in and for precinct .................... in the	27171
.................... (township) or (ward and city or village)	27172
.................... in the county of ...................., in the	27173
election to be held on the .......... day of ...............,	27174
....., as required by law and the rules and instructions of the	27175
board of elections of said county; and that I will endeavor to	27176
prevent fraud in such election, and will report immediately to	27177
said board any violations of the election laws which come to my	27178
attention, and will not disclose any information as to how any	27179
elector voted which is gained by me in the discharge of my	27180
official duties.	27181

............................................................

27182

............................................................

27183

............................................................

27184

............................................................

27185

............................................................

27186

............................................................

27187

(Signatures of precinct election officials)"

27188

If any of the other precinct officials is absent at that	27189
time, the presiding judge, with the concurrence of a majority of	27190
the precinct election officials present, shall appoint a qualified	27191
elector who is a member of the same political party as the	27192
political party of which such absent precinct election official is	27193
a member to fill the vacancy until the board appoints a person to	27194
fill such vacancy and the person so appointed reports for duty at	27195
the polling place. The presiding judge shall promptly notify the	27196
board of such vacancy by telephone or otherwise. The presiding	27197
judge also shall assign the precinct election officials to their	27198
respective duties and shall have general charge of the polling	27199
place.	27200

Sec. 3505.062. The Ohio ballot board shall do all of the	27201
following:	27202

(A) Examine, within ten days after its receipt, each written	27203
initiative petition received from the attorney general under	27204
section 3519.01 of the Revised Code to determine whether it	27205
contains only one proposed law or constitutional amendment so as	27206
to enable the voters to vote on a proposal separately. If the	27207
board so determines, it shall certify its approval to the attorney	27208
general, who then shall file with the secretary of state in	27209
accordance with division (A) of section 3519.01 of the Revised	27210
Code a verified copy of the proposed law or constitutional	27211
amendment together with its summary and the attorney general's	27212
certification of it.	27213

If the board determines that the initiative petition contains	27214
more than one proposed law or constitutional amendment, the board	27215
shall divide the initiative petition into individual petitions	27216
containing only one proposed law or constitutional amendment so as	27217
to enable the voters to vote on each proposal separately and	27218
certify its approval to the attorney general. If the board so	27219
divides an initiative petition and so certifies its approval to	27220
the attorney general, the petitioners shall resubmit to the	27221
attorney general appropriate summaries for each of the individual	27222
petitions arising from the board's division of the initiative	27223
petition, and the attorney general then shall review the	27224
resubmissions as provided in division (A) of section 3519.01 of	27225
the Revised Code.	27226

(B) Prescribe the ballot language for constitutional	27227
amendments proposed by the general assembly to be printed on the	27228
questions and issues ballot, which language shall properly	27229
identify the substance of the proposal to be voted upon;	27230

(C) Prepare an explanation of each constitutional amendment	27231
proposed by the general assembly, which explanation may include	27232
the purpose and effects of the proposed amendment;	27233

(D) Certify the ballot language and explanation, if any, to	27234
the secretary of state no later than seventy-five days before the	27235
election at which the proposed question or issue is to be	27236
submitted to the voters;	27237

(E) Prepare, or designate a group of persons to prepare,	27238
arguments in support of or in opposition to a constitutional	27239
amendment proposed by a resolution of the general assembly, a	27240
constitutional amendment or state law proposed by initiative	27241
petition, or a state law, or section or item of state law, subject	27242
to a referendum petition, if the persons otherwise responsible for	27243
the preparation of those arguments fail to timely prepare and file	27244
them;	27245

(F) Direct the means by which the secretary of state shall	27246
disseminate information concerning proposed constitutional	27247
amendments, proposed laws, and referenda to the voters;	27248

(G) Direct the ~~chairperson to reimburse county boards of~~	27249
~~elections for public notice costs associated with statewide ballot~~	27250
~~issues, to the extent that the general assembly appropriates money~~	27251
~~for that purpose~~secretary of state to contract for the	27252
publication in a newspaper of general circulation in each county	27253
in the state of the ballot language, explanations, and arguments	27254
regarding each of the following:	27255

(1) A constitutional amendment or law proposed by initiative	27256
petition under Section 1g of Article II of the Ohio Constitution;	27257

(2) A law, section, or item of law submitted to the electors	27258
by referendum petition under Section 1g of Article II of the Ohio	27259
Constitution;	27260

(3) A constitutional amendment submitted to the electors by	27261
the general assembly under Section 1 of Article XVI of the Ohio	27262
Constitution.	27263

Sec. 3505.063. (A) When the general assembly adopts a	27264
resolution proposing a constitutional amendment, it may, by	27265
resolution, designate a group of members who voted in support of	27266
the resolution to prepare arguments for the proposed amendment,	27267
and a group of members who voted in opposition to the resolution	27268
to prepare arguments against the proposed amendment. If no members	27269
voted in opposition to the resolution, or if the general assembly	27270
chooses not to designate a group of members to prepare arguments	27271
for the proposed amendment or chooses not to designate a group of	27272
members to prepare arguments against the proposed amendment, the	27273
Ohio ballot board shall prepare or designate a group of persons to	27274
prepare the relevant arguments. All arguments prepared under this	27275
division shall be filed with the secretary of state not later than	27276
eighty days before the date of the election. No argument shall	27277
exceed three hundred words.	27278

(B)(1) If the group of members of the general assembly or	27279
other group of persons designated under division (A) of this	27280
section fail to prepare and file their arguments in support of or	27281
in opposition to the proposed amendment by the eightieth day	27282
before the date of the election, the secretary of state shall	27283
notify the Ohio ballot board that those arguments have not been so	27284
prepared and filed. The board then shall prepare the missing	27285
arguments or designate a group of persons to prepare those	27286
arguments. All arguments prepared under this division shall be	27287
filed with the secretary of state not later than seventy-five days	27288
before the date of the election. No argument shall exceed three	27289
hundred words.	27290

(2) If the Ohio ballot board fails to provide for the	27291
preparation of missing arguments under division (B)(1) of this	27292
section after being notified by the secretary of state that one or	27293
more arguments have not been timely prepared and filed, the	27294
positions of the four appointed members of the board shall be	27295
considered vacant, and new members shall be appointed in the	27296
manner provided for original appointments.	27297

~~(C) The secretary of state shall disseminate information,~~	27298
~~which may include part or all of the official explanation and~~	27299
~~arguments concerning proposed amendments, by means of direct mail~~	27300
~~or other written publication, broadcast, or other means or~~	27301
~~combination of means, as the Ohio ballot board may direct, in~~	27302
~~order to inform the voters as fully as possible concerning~~	27303
~~proposed amendments.~~	27304

Sec. 3505.23. No voter shall be allowed to occupy a voting	27305
compartment or use a voting machine more than five minutes when	27306
all the voting compartments or machines are in use and voters are	27307
waiting to occupy them. Except as otherwise provided by section	27308
3505.24 of the Revised Code, no voter shall occupy a voting	27309
compartment or machine with another person or speak to anyone, nor	27310
shall anyone speak to the voter, while the voter is in a voting	27311
compartment or machine.	27312

In precincts that do not use voting machines the following	27313
procedure shall be followed:	27314

If a voter tears, soils, defaces, or erroneously marks a	27315
ballot the voter may return it to the precinct election officials	27316
and a second ballot shall be issued to the voter. Before returning	27317
a torn, soiled, defaced, or erroneously marked ballot, the voter	27318
shall fold it so as to conceal any marks the voter made upon it,	27319
but the voter shall not remove Stub A therefrom. If the voter	27320
tears, soils, defaces, or erroneously marks such second ballot,	27321
the voter may return it to the precinct election officials, and a	27322
third ballot shall be issued to the voter. In no case shall more	27323
than three ballots be issued to a voter. Upon receiving a returned	27324
torn, soiled, defaced, or erroneously marked ballot the precinct	27325
election officials shall detach Stub A therefrom, write "Defaced"	27326
on the back of such ballot, and place the stub and the ballot in	27327
the separate containers provided therefor.	27328

No elector shall leave the polling place until the elector	27329
returns to the precinct election officials every ballot issued to	27330
the elector with Stub A on each ballot attached thereto,	27331
regardless of whether the elector has or has not placed any marks	27332
upon the ballot.	27333

Before leaving the voting compartment, the voter shall fold	27334
each ballot marked by the voter so that no part of the face of the	27335
ballot is visible, and so that the printing thereon indicating the	27336
kind of ballot it is and the facsimile signatures of the members	27337
of the board of elections are visible. The voter shall then leave	27338
the voting compartment, deliver the voter's ballots, and state the	27339
voter's name to the judge having charge of the ballot boxes, who	27340
shall announce the name, detach Stub A from each ballot, and	27341
announce the number on the stubs. The ~~clerks~~judges in charge of	27342
the poll lists or poll books shall check to ascertain whether the	27343
number so announced is the number on Stub B of the ballots issued	27344
to such voter, and if no discrepancy appears to exist, the judge	27345
in charge of the ballot boxes shall, in the presence of the voter,	27346
deposit each such ballot in the proper ballot box and shall place	27347
Stub A from each ballot in the container provided therefor. The	27348
voter shall then immediately leave the polling place.	27349

No ballot delivered by a voter to the judge in charge of the	27350
ballot boxes with Stub A detached therefrom, and only ballots	27351
provided in accordance with Title XXXV of the Revised Code, shall	27352
be voted or deposited in the ballot boxes.	27353

In marking a presidential ballot, the voter shall record the	27354
vote in the manner provided on the ballot next to the names of the	27355
candidates for the offices of president and vice-president. Such	27356
ballot shall be considered and counted as a vote for each of the	27357
candidates for election as presidential elector whose names were	27358
certified to the secretary of state by the political party of such	27359
nominees for president and vice-president.	27360

In marking an office type ballot or nonpartisan ballot, the	27361
voter shall record the vote in the manner provided on the ballot	27362
next to the name of each candidate for whom the voter desires to	27363
vote.	27364

In marking a primary election ballot, the voter shall record	27365
the vote in the manner provided on the ballot next to the name of	27366
each candidate for whom the voter desires to vote. If the voter	27367
desires to vote for the nomination of a person whose name is not	27368
printed on the primary election ballot, the voter may do so by	27369
writing such person's name on the ballot in the proper place	27370
provided for such purpose.	27371

In marking a questions and issues ballot, the voter shall	27372
record the vote in the manner provided on the ballot at the left	27373
or at the right of "YES" or "NO" or other words of similar import	27374
which are printed on the ballot to enable the voter to indicate	27375
how the voter votes in connection with each question or issue upon	27376
which the voter desires to vote.	27377

In marking any ballot on which a blank space has been	27378
provided wherein an elector may write in the name of a person for	27379
whom hethe elector desires to vote, the elector shall write such	27380
person's name in such blank space and on no other place on the	27381
ballot. Unless specific provision is made by statute, no blank	27382
space shall be provided on a ballot for write-in votes, and any	27383
names written on a ballot other than in a blank space provided	27384
therefor shall not be counted or recorded.	27385

Sec. 3513.21. At the close of the polls in a primary	27386
election, the judges ~~and clerks~~ of election shall proceed without	27387
delay to canvass the vote, sign and seal it, and make returns	27388
thereof to the board of elections forthwith on the forms to be	27389
provided by the board. The provisions of Title XXXV of the Revised	27390
Code relating to the accounting for and return of all ballots at	27391
general elections apply to primary ballots.	27392

If there is any disagreement as to how a ballot should be	27393
counted it shall be submitted to all of the judges. If three of	27394
the judges do not agree as to how any part of the ballot shall be	27395
counted, that part of such ballot which three of the judges do	27396
agree shall be counted and a notation made upon the ballot	27397
indicating what part has not been counted, and shall be placed in	27398
an envelope provided for that purpose, marked "Disputed Ballots"	27399
and returned to the board. ~~When the board has, by the adoption of~~	27400
~~a resolution, provided that the officials at a party primary~~	27401
~~election when only one party primary is to be held for the~~	27402
~~nomination of candidates for municipal office, shall be two judges~~	27403
~~and two clerks, the clerks shall be considered judges for the~~	27404
~~purposes of this section.~~	27405

The board shall, on the day when the vote is canvassed, open	27406
such sealed envelopes, determine what ballots and for whom they	27407
should be counted, and proceed to count and tally the votes on	27408
such ballots.	27409

Sec. 3517.106. (A) As used in this section:

27410

(1) "Statewide office" means any of the offices of governor,	27411
lieutenant governor, secretary of state, auditor of state,	27412
treasurer of state, attorney general, chief justice of the supreme	27413
court, and justice of the supreme court.	27414

(2) "Addendum to a statement" includes an amendment or other	27415
correction to that statement.	27416

(B)(1) The secretary of state shall store on computer the	27417
information contained in statements of contributions and	27418
expenditures and monthly statements required to be filed under	27419
section 3517.10 of the Revised Code and in statements of	27420
independent expenditures required to be filed under section	27421
3517.105 of the Revised Code by any of the following:	27422

(a) The campaign committees of candidates for statewide	27423
office;	27424

(b) The political action committees and political	27425
contributing entities described in division (A)(1) of section	27426
3517.11 of the Revised Code;	27427

27428

(d) State political parties;

27429

(e) Individuals, partnerships, corporations, labor	27430
organizations, or other entities that make independent	27431
expenditures in support of or opposition to a statewide candidate	27432
or a statewide ballot issue or question;	27433

(f) The campaign committees of candidates for the office of	27434
member of the general assembly;	27435

(g) County political parties, with respect to their state	27436
candidate funds.	27437

(2) The secretary of state shall store on computer the	27438
information contained in disclosure of electioneering	27439
communications statements required to be filed under section	27440
3517.1011 of the Revised Code.	27441

(3) The secretary of state shall store on computer the	27442
information contained in deposit and disbursement statements	27443
required to be filed with the office of the secretary of state	27444
under section 3517.1012 of the Revised Code.	27445

(4) The secretary of state shall store on computer the gift	27446
and disbursement information contained in statements required to	27447
be filed with the office of the secretary of state under section	27448
3517.1013 of the Revised Code.	27449

(C)(1) The secretary of state shall make available to the	27450
campaign committees, political action committees, political	27451
contributing entities, legislative campaign funds, political	27452
parties, individuals, partnerships, corporations, labor	27453
organizations, and other entities described in division (B) of	27454
this section, and to members of the news media and other	27455
interested persons, for a reasonable fee, computer programs that	27456
are compatible with the secretary of state's method of storing the	27457
information contained in the statements.	27458

(2) The secretary of state shall make the information	27459
required to be stored under division (B) of this section available	27460
on computer at the secretary of state's office so that, to the	27461
maximum extent feasible, individuals may obtain at the secretary	27462
of state's office any part or all of that information for any	27463
given year, subject to the limitation expressed in division (D) of	27464
this section.	27465

(D) The secretary of state shall keep the information stored	27466
on computer under division (B) of this section for at least six	27467
years.	27468

(E)(1) Subject to division (L) of this section and subject to	27469
the secretary of state having implemented, tested, and verified	27470
the successful operation of any system the secretary of state	27471
prescribes pursuant to division (H)(1) of this section and	27472
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	27473
Code for the filing of campaign finance statements by electronic	27474
means of transmission, the campaign committee of each candidate	27475
for statewide office may file the statements prescribed by section	27476
3517.10 of the Revised Code by electronic means of transmission	27477
or, if the total amount of the contributions received or the total	27478
amount of the expenditures made by the campaign committee for the	27479
applicable reporting period as specified in division (A) of	27480
section 3517.10 of the Revised Code exceeds ten thousand dollars,	27481
shall file those statements by electronic means of transmission.	27482

Except as otherwise provided in this division, within five	27483
business days after a statement filed by a campaign committee of a	27484
candidate for statewide office is received by the secretary of	27485
state by electronic or other means of transmission, the secretary	27486
of state shall make available online to the public through the	27487
internet, as provided in division (I) of this section, the	27488
contribution and expenditure information in that statement. The	27489
secretary of state shall not make available online to the public	27490
through the internet any contribution or expenditure information	27491
contained in a statement for any candidate until the secretary of	27492
state is able to make available online to the public through the	27493
internet the contribution and expenditure information for all	27494
candidates for a particular office, or until the applicable filing	27495
deadline for that statement has passed, whichever is sooner. As	27496
soon as the secretary of state has available all of the	27497
contribution and expenditure information for all candidates for a	27498
particular office, or as soon as the applicable filing deadline	27499
for a statement has passed, whichever is sooner, the secretary of	27500
state shall simultaneously make available online to the public	27501
through the internet the information for all candidates for that	27502
office.	27503

If a statement filed by electronic means of transmission is	27504
found to be incomplete or inaccurate after the examination of the	27505
statement for completeness and accuracy pursuant to division	27506
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	27507
committee shall file by electronic means of transmission any	27508
addendum to the statement that provides the information necessary	27509
to complete or correct the statement or, if required by the	27510
secretary of state under that division, an amended statement.	27511

Within five business days after the secretary of state	27512
receives from a campaign committee of a candidate for statewide	27513
office an addendum to the statement or an amended statement by	27514
electronic or other means of transmission under this division or	27515
division (B)(3)(a) of section 3517.11 of the Revised Code, the	27516
secretary of state shall make the contribution and expenditure	27517
information in the addendum or amended statement available online	27518
to the public through the internet as provided in division (I) of	27519
this section.	27520

(2) Subject to the secretary of state having implemented,	27521
tested, and verified the successful operation of any system the	27522
secretary of state prescribes pursuant to division (H)(1) of this	27523
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	27524
the Revised Code for the filing of campaign finance statements by	27525
electronic means of transmission, a political action committee and	27526
a political contributing entity described in division (B)(1)(b) of	27527
this section, a legislative campaign fund, and a state political	27528
party may file the statements prescribed by section 3517.10 of the	27529
Revised Code by electronic means of transmission or, if the total	27530
amount of the contributions received or the total amount of the	27531
expenditures made by the political action committee, political	27532
contributing entity, legislative campaign fund, or state political	27533
party for the applicable reporting period as specified in division	27534
(A) of section 3517.10 of the Revised Code exceeds ten thousand	27535
dollars, shall file those statements by electronic means of	27536
transmission.	27537

Within five business days after a statement filed by a	27538
political action committee or a political contributing entity	27539
described in division (B)(1)(b) of this section, a legislative	27540
campaign fund, or a state political party is received by the	27541
secretary of state by electronic or other means of transmission,	27542
the secretary of state shall make available online to the public	27543
through the internet, as provided in division (I) of this section,	27544
the contribution and expenditure information in that statement.	27545

If a statement filed by electronic means of transmission is	27546
found to be incomplete or inaccurate after the examination of the	27547
statement for completeness and accuracy pursuant to division	27548
(B)(3)(a) of section 3517.11 of the Revised Code, the political	27549
action committee, political contributing entity, legislative	27550
campaign fund, or state political party shall file by electronic	27551
means of transmission any addendum to the statement that provides	27552
the information necessary to complete or correct the statement or,	27553
if required by the secretary of state under that division, an	27554
amended statement.	27555

Within five business days after the secretary of state	27556
receives from a political action committee or a political	27557
contributing entity described in division (B)(1)(b) of this	27558
section, a legislative campaign fund, or a state political party	27559
an addendum to the statement or an amended statement by electronic	27560
or other means of transmission under this division or division	27561
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	27562
state shall make the contribution and expenditure information in	27563
the addendum or amended statement available online to the public	27564
through the internet as provided in division (I) of this section.	27565

(3) Subject to the secretary of state having implemented,	27566
tested, and verified the successful operation of any system the	27567
secretary of state prescribes pursuant to division (H)(1) of this	27568
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	27569
the Revised Code for the filing of campaign finance statements by	27570
electronic means of transmission, a county political party shall	27571
file the statements prescribed by section 3517.10 of the Revised	27572
Code with respect to its state candidate fund by electronic means	27573
of transmission to the office of the secretary of state.	27574

Within five business days after a statement filed by a county	27575
political party with respect to its state candidate fund is	27576
received by the secretary of state by electronic means of	27577
transmission, the secretary of state shall make available online	27578
to the public through the internet, as provided in division (I) of	27579
this section, the contribution and expenditure information in that	27580
statement.	27581

If a statement is found to be incomplete or inaccurate after	27582
the examination of the statement for completeness and accuracy	27583
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	27584
Code, a county political party shall file by electronic means of	27585
transmission any addendum to the statement that provides the	27586
information necessary to complete or correct the statement or, if	27587
required by the secretary of state under that division, an amended	27588
statement.	27589

Within five business days after the secretary of state	27590
receives from a county political party an addendum to the	27591
statement or an amended statement by electronic means of	27592
transmission under this division or division (B)(3)(a) of section	27593
3517.11 of the Revised Code, the secretary of state shall make the	27594
contribution and expenditure information in the addendum or	27595
amended statement available online to the public through the	27596
internet as provided in division (I) of this section.	27597

(F)(1) Subject to division (L) of this section and subject to	27598
the secretary of state having implemented, tested, and verified	27599
the successful operation of any system the secretary of state	27600
prescribes pursuant to division (H)(1) of this section and	27601
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	27602
Code for the filing of campaign finance statements by electronic	27603
means of transmission, a campaign committee of a candidate for the	27604
office of member of the general assembly or a campaign committee	27605
of a candidate for the office of judge of a court of appeals may	27606
file the statements prescribed by section 3517.10 of the Revised	27607
Code in accordance with division (A)(2) of section 3517.11 of the	27608
Revised Code or by electronic means of transmission to the office	27609
of the secretary of state or, if the total amount of the	27610
contributions received by the campaign committee for the	27611
applicable reporting period as specified in division (A) of	27612
section 3517.10 of the Revised Code exceeds ten thousand dollars,	27613
shall file those statements by electronic means of transmission to	27614
the office of the secretary of state.	27615

Except as otherwise provided in this division, within five	27616
business days after a statement filed by a campaign committee of a	27617
candidate for the office of member of the general assembly or a	27618
campaign committee of a candidate for the office of judge of a	27619
court of appeals is received by the secretary of state by	27620
electronic or other means of transmission, the secretary of state	27621
shall make available online to the public through the internet, as	27622
provided in division (I) of this section, the contribution and	27623
expenditure information in that statement. The secretary of state	27624
shall not make available online to the public through the internet	27625
any contribution or expenditure information contained in a	27626
statement for any candidate until the secretary of state is able	27627
to make available online to the public through the internet the	27628
contribution and expenditure information for all candidates for a	27629
particular office, or until the applicable filing deadline for	27630
that statement has passed, whichever is sooner. As soon as the	27631
secretary of state has available all of the contribution and	27632
expenditure information for all candidates for a particular	27633
office, or as soon as the applicable filing deadline for a	27634
statement has passed, whichever is sooner, the secretary of state	27635
shall simultaneously make available online to the public through	27636
the internet the information for all candidates for that office.	27637

If a statement filed by electronic means of transmission is	27638
found to be incomplete or inaccurate after the examination of the	27639
statement for completeness and accuracy pursuant to division	27640
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	27641
committee shall file by electronic means of transmission to the	27642
office of the secretary of state any addendum to the statement	27643
that provides the information necessary to complete or correct the	27644
statement or, if required by the secretary of state under that	27645
division, an amended statement.	27646

Within five business days after the secretary of state	27647
receives from a campaign committee of a candidate for the office	27648
of member of the general assembly or a campaign committee of a	27649
candidate for the office of judge of a court of appeals an	27650
addendum to the statement or an amended statement by electronic or	27651
other means of transmission under this division or division	27652
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	27653
state shall make the contribution and expenditure information in	27654
the addendum or amended statement available online to the public	27655
through the internet as provided in division (I) of this section.	27656

(2) If a statement, addendum, or amended statement is not	27657
filed by electronic means of transmission to the office of the	27658
secretary of state but is filed by printed version only under	27659
division (A)(2) of section 3517.11 of the Revised Code with the	27660
appropriate board of elections, the campaign committee of a	27661
candidate for the office of member of the general assembly or a	27662
campaign committee of a candidate for the office of judge of a	27663
court of appeals shall file two copies of the printed version of	27664
the statement, addendum, or amended statement with the board of	27665
elections. The board of elections shall send one of those copies	27666
by ~~overnight delivery service~~certified mail to the secretary of	27667
state before the close of business on the day the board of	27668
elections receives the statement, addendum, or amended statement.	27669

(G) Subject to the secretary of state having implemented,	27670
tested, and verified the successful operation of any system the	27671
secretary of state prescribes pursuant to division (H)(1) of this	27672
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	27673
the Revised Code for the filing of campaign finance statements by	27674
electronic means of transmission, any individual, partnership, or	27675
other entity that makes independent expenditures in support of or	27676
opposition to a statewide candidate or a statewide ballot issue or	27677
question as provided in division (B)(2)(b) or (C)(2)(b) of section	27678
3517.105 of the Revised Code may file the statement specified in	27679
that division by electronic means of transmission or, if the total	27680
amount of independent expenditures made during the reporting	27681
period under that division exceeds ten thousand dollars, shall	27682
file the statement specified in that division by electronic means	27683
of transmission.	27684

Within five business days after a statement filed by an	27685
individual, partnership, or other entity is received by the	27686
secretary of state by electronic or other means of transmission,	27687
the secretary of state shall make available online to the public	27688
through the internet, as provided in division (I) of this section,	27689
the expenditure information in that statement.	27690

If a statement filed by electronic means of transmission is	27691
found to be incomplete or inaccurate after the examination of the	27692
statement for completeness and accuracy pursuant to division	27693
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	27694
partnership, or other entity shall file by electronic means of	27695
transmission any addendum to the statement that provides the	27696
information necessary to complete or correct the statement or, if	27697
required by the secretary of state under that division, an amended	27698
statement.	27699

Within five business days after the secretary of state	27700
receives from an individual, partnership, or other entity	27701
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	27702
of the Revised Code an addendum to the statement or an amended	27703
statement by electronic or other means of transmission under this	27704
division or division (B)(3)(a) of section 3517.11 of the Revised	27705
Code, the secretary of state shall make the expenditure	27706
information in the addendum or amended statement available online	27707
to the public through the internet as provided in division (I) of	27708
this section.	27709

(H)(1) The secretary of state, by rule adopted pursuant to	27710
section 3517.23 of the Revised Code, shall prescribe one or more	27711
techniques by which a person who executes and transmits by	27712
electronic means a statement of contributions and expenditures, a	27713
statement of independent expenditures, a disclosure of	27714
electioneering communications statement, a deposit and	27715
disbursement statement, or a gift and disbursement statement, an	27716
addendum to any of those statements, an amended statement of	27717
contributions and expenditures, an amended statement of	27718
independent expenditures, an amended disclosure of electioneering	27719
communications statement, an amended deposit and disbursement	27720
statement, or an amended gift and disbursement statement, under	27721
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,	27722
or 3517.1013 of the Revised Code shall electronically sign the	27723
statement, addendum, or amended statement. Any technique	27724
prescribed by the secretary of state pursuant to this division	27725
shall create an electronic signature that satisfies all of the	27726
following:	27727

(a) It is unique to the signer.

27728

(b) It objectively identifies the signer.

27729

(c) It involves the use of a signature device or other means	27730
or method that is under the sole control of the signer and that	27731
cannot be readily duplicated or compromised.	27732

(d) It is created and linked to the electronic record to	27733
which it relates in a manner that, if the record or signature is	27734
intentionally or unintentionally changed after signing, the	27735
electronic signature is invalidated.	27736

(2) An electronic signature prescribed by the secretary of	27737
state under division (H)(1) of this section shall be attached to	27738
or associated with the statement of contributions and	27739
expenditures, the statement of independent expenditures, the	27740
disclosure of electioneering communications statement, the deposit	27741
and disbursement statement, or the gift and disbursement	27742
statement, the addendum to any of those statements, the amended	27743
statement of contributions and expenditures, the amended statement	27744
of independent expenditures, the amended disclosure of	27745
electioneering communications statement, the amended deposit and	27746
disbursement statement, or the amended gift and disbursement	27747
statement that is executed and transmitted by electronic means by	27748
the person to whom the electronic signature is attributed. The	27749
electronic signature that is attached to or associated with the	27750
statement, addendum, or amended statement under this division	27751
shall be binding on all persons and for all purposes under the	27752
campaign finance reporting law as if the signature had been	27753
handwritten in ink on a printed form.	27754

(I) The secretary of state shall make the contribution and	27755
expenditure, the contribution and disbursement, the deposit and	27756
disbursement, or the gift and disbursement information in all	27757
statements, all addenda to the statements, and all amended	27758
statements that are filed with the secretary of state by	27759
electronic or other means of transmission under this section or	27760
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or	27761
3517.11 of the Revised Code available online to the public by any	27762
means that are searchable, viewable, and accessible through the	27763
internet.	27764

(J)(1) As used in this division, "library" means a library	27765
that is open to the public and that is one of the following:	27766

(a) A library that is maintained and regulated under section	27767
715.13 of the Revised Code;	27768

(b) A library that is created, maintained, and regulated	27769
under Chapter 3375. of the Revised Code.	27770

(2) The secretary of state shall notify all libraries of the	27771
location on the internet at which the contribution and	27772
expenditure, contribution and disbursement, deposit and	27773
disbursement, or gift and disbursement information in campaign	27774
finance statements required to be made available online to the	27775
public through the internet pursuant to division (I) of this	27776
section may be accessed.	27777

If that location is part of the world wide web and if the	27778
secretary of state has notified a library of that world wide web	27779
location as required by this division, the library shall include a	27780
link to that world wide web location on each internet-connected	27781
computer it maintains that is accessible to the public.	27782

(3) If the system the secretary of state prescribes for the	27783
filing of campaign finance statements by electronic means of	27784
transmission pursuant to division (H)(1) of this section and	27785
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	27786
Code includes filing those statements through the internet via the	27787
world wide web, the secretary of state shall notify all libraries	27788
of the world wide web location at which those statements may be	27789
filed.	27790

If those statements may be filed through the internet via the	27791
world wide web and if the secretary of state has notified a	27792
library of that world wide web location as required by this	27793
division, the library shall include a link to that world wide web	27794
location on each internet-connected computer it maintains that is	27795
accessible to the public.	27796

(K) It is an affirmative defense to a complaint or charge	27797
brought against any campaign committee, political action	27798
committee, political contributing entity, legislative campaign	27799
fund, or political party, any individual, partnership, or other	27800
entity, or any person making disbursements to pay the direct costs	27801
of producing or airing electioneering communications, for the	27802
failure to file by electronic means of transmission a campaign	27803
finance statement as required by this section or section 3517.10,	27804
3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code	27805
that all of the following apply to the campaign committee,	27806
political action committee, political contributing entity,	27807
legislative campaign fund, or political party, the individual,	27808
partnership, or other entity, or the person making disbursements	27809
to pay the direct costs of producing or airing electioneering	27810
communications, that failed to so file:	27811

(1) The campaign committee, political action committee,	27812
political contributing entity, legislative campaign fund, or	27813
political party, the individual, partnership, or other entity, or	27814
the person making disbursements to pay the direct costs of	27815
producing or airing electioneering communications attempted to	27816
file by electronic means of transmission the required statement	27817
prior to the deadline set forth in the applicable section.	27818

(2) The campaign committee, political action committee,	27819
political contributing entity, legislative campaign fund, or	27820
political party, the individual, partnership, or other entity, or	27821
the person making disbursements to pay the direct costs of	27822
producing or airing electioneering communications was unable to	27823
file by electronic means of transmission due to an expected or	27824
unexpected shutdown of the whole or part of the electronic	27825
campaign finance statement-filing system, such as for maintenance	27826
or because of hardware, software, or network connection failure.	27827

(3) The campaign committee, political action committee,	27828
political contributing entity, legislative campaign fund, or	27829
political party, the individual, partnership, or other entity, or	27830
the person making disbursements to pay the direct costs of	27831
producing or airing electioneering communications filed by	27832
electronic means of transmission the required statement within a	27833
reasonable period of time after being unable to so file it under	27834
the circumstance described in division (K)(2) of this section.	27835

(L)(1) The secretary of state shall adopt rules pursuant to	27836
Chapter 119. of the Revised Code to permit a campaign committee of	27837
a candidate for statewide office that makes expenditures of less	27838
than twenty-five thousand dollars during the filing period or a	27839
campaign committee for the office of member of the general	27840
assembly or the office of judge of a court of appeals that would	27841
otherwise be required to file campaign finance statements by	27842
electronic means of transmission under division (E) or (F) of this	27843
section to file those statements by paper with the office of the	27844
secretary of state. Those rules shall provide for all of the	27845
following:	27846

(a) An eligible campaign committee that wishes to file a	27847
campaign finance statement by paper instead of by electronic means	27848
of transmission shall file the statement on paper with the office	27849
of the secretary of state not sooner than twenty-four hours after	27850
the end of the filing period set forth in section 3517.10 of the	27851
Revised Code that is covered by the applicable statement.	27852

(b) The statement shall be accompanied by a fee, the amount	27853
of which the secretary of state shall determine by rule. The	27854
amount of the fee established under this division shall not exceed	27855
the data entry and data verification costs the secretary of state	27856
will incur to convert the information on the statement to an	27857
electronic format as required under division (I) of this section.	27858

(c) The secretary of state shall arrange for the information	27859
in campaign finance statements filed pursuant to division (L) of	27860
this section to be made available online to the public through the	27861
internet in the same manner, and at the same times, as information	27862
is made available under divisions (E), (F), and (I) of this	27863
section for candidates whose campaign committees file those	27864
statements by electronic means of transmission.	27865

(d) The candidate of an eligible campaign committee that	27866
intends to file a campaign finance statement pursuant to division	27867
(L) of this section shall file a notice indicating that the	27868
candidate's campaign committee intends to so file and stating that	27869
filing the statement by electronic means of transmission would	27870
constitute a hardship for the candidate or for the eligible	27871
campaign committee.	27872

(e) An eligible campaign committee that files a campaign	27873
finance statement on paper pursuant to division (L) of this	27874
section shall review the contribution and information made	27875
available online by the secretary of state with respect to that	27876
paper filing and shall notify the secretary of state of any errors	27877
with respect to that filing that appear in the data made available	27878
on that web site.	27879

(f) If an eligible campaign committee whose candidate has	27880
filed a notice in accordance with rules adopted under division	27881
(L)(1)(d) of this section subsequently fails to file that	27882
statement on paper by the applicable deadline established in rules	27883
adopted under division (L)(1)(a) of this section, penalties for	27884
the late filing of the campaign finance statement shall apply to	27885
that campaign committee for each day after that paper filing	27886
deadline, as if the campaign committee had filed the statement	27887
after the applicable deadline set forth in division (A) of section	27888
3517.10 of the Revised Code.	27889

(2) The process for permitting campaign committees that would	27890
otherwise be required to file campaign finance statements by	27891
electronic means of transmission to file those statements on paper	27892
with the office of the secretary of state that is required to be	27893
developed under division (L)(1) of this section shall be in effect	27894
and available for use by eligible campaign committees for all	27895
campaign finance statements that are required to be filed on or	27896
after June 30, 2005. Notwithstanding any provision of the Revised	27897
Code to the contrary, if the process the secretary of state is	27898
required to develop under division (L)(1) of this section is not	27899
in effect and available for use on and after June 30, 2005, all	27900
penalties for the failure of campaign committees to file campaign	27901
finance statements by electronic means of transmission shall be	27902
suspended until such time as that process is in effect and	27903
available for use.	27904

(3) Notwithstanding any provision of the Revised Code to the	27905
contrary, any eligible campaign committee that files campaign	27906
finance statements on paper with the office of the secretary of	27907
state pursuant to division (L)(1) of this section shall be deemed	27908
to have filed those campaign finance statements by electronic	27909
means of transmission to the office of the secretary of state.	27910

Sec. 3517.11. (A)(1) Campaign committees of candidates for	27911
statewide office or the state board of education, political action	27912
committees or political contributing entities that make	27913
contributions to campaign committees of candidates that are	27914
required to file the statements prescribed by section 3517.10 of	27915
the Revised Code with the secretary of state, political action	27916
committees or political contributing entities that make	27917
contributions to campaign committees of candidates for member of	27918
the general assembly, political action committees or political	27919
contributing entities that make contributions to state and	27920
national political parties and to legislative campaign funds,	27921
political action committees or political contributing entities	27922
that receive contributions or make expenditures in connection with	27923
a statewide ballot issue, political action committees or political	27924
contributing entities that make contributions to other political	27925
action committees or political contributing entities, political	27926
parties, and campaign committees, except as set forth in division	27927
(A)(3) of this section, legislative campaign funds, and state and	27928
national political parties shall file the statements prescribed by	27929
section 3517.10 of the Revised Code with the secretary of state.	27930

(2)(a) Except as otherwise provided in division (F) of	27931
section 3517.106 of the Revised Code, campaign committees of	27932
candidates for all other offices shall file the statements	27933
prescribed by section 3517.10 of the Revised Code with the board	27934
of elections where their candidates are required to file their	27935
petitions or other papers for nomination or election.	27936

(b) A campaign committee of a candidate for office of member	27937
of the general assembly or a campaign committee of a candidate for	27938
the office of judge of a court of appeals shall file two copies of	27939
the printed version of any statement, addendum, or amended	27940
statement if the committee does not file pursuant to division	27941
(F)(1) or (L) of section 3517.106 of the Revised Code but files by	27942
printed version only with the appropriate board of elections. The	27943
board of elections shall send one of those copies by ~~overnight~~	27944
~~delivery service~~certified mail to the secretary of state before	27945
the close of business on the day the board of elections receives	27946
the statement, addendum, or amended statement.	27947

(3) Political action committees or political contributing	27948
entities that only contribute to a county political party,	27949
contribute to campaign committees of candidates whose nomination	27950
or election is to be submitted only to electors within a county,	27951
subdivision, or district, excluding candidates for member of the	27952
general assembly, and receive contributions or make expenditures	27953
in connection with ballot questions or issues to be submitted only	27954
to electors within a county, subdivision, or district shall file	27955
the statements prescribed by section 3517.10 of the Revised Code	27956
with the board of elections in that county or in the county	27957
contained in whole or part within the subdivision or district	27958
having a population greater than that of any other county	27959
contained in whole or part within that subdivision or district, as	27960
the case may be.	27961

(4) Except as otherwise provided in division (E)(3) of	27962
section 3517.106 of the Revised Code with respect to state	27963
candidate funds, county political parties shall file the	27964
statements prescribed by section 3517.10 of the Revised Code with	27965
the board of elections of their respective counties.	27966

(B)(1) The official with whom petitions and other papers for	27967
nomination or election to public office are filed shall furnish	27968
each candidate at the time of that filing a copy of sections	27969
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	27970
3599.031 of the Revised Code and any other materials that the	27971
secretary of state may require. Each candidate receiving the	27972
materials shall acknowledge their receipt in writing.	27973

(2) On or before the tenth day before the dates on which	27974
statements are required to be filed by section 3517.10 of the	27975
Revised Code, every candidate subject to the provisions of this	27976
section and sections 3517.10 and 3517.106 of the Revised Code	27977
shall be notified of the requirements and applicable penalties of	27978
those sections. The secretary of state, by certified mail, return	27979
receipt requested, shall notify all candidates required to file	27980
those statements with the secretary of state's office. The board	27981
of elections of every county shall notify by first class mail any	27982
candidate who has personally appeared at the office of the board	27983
on or before the tenth day before the statements are required to	27984
be filed and signed a form, to be provided by the secretary of	27985
state, attesting that the candidate has been notified of the	27986
candidate's obligations under the campaign finance law. The board	27987
shall forward the completed form to the secretary of state. The	27988
board shall use certified mail, return receipt requested, to	27989
notify all other candidates required to file those statements with	27990
it.	27991

(3)(a) Any statement required to be filed under sections	27992
3517.081 to 3517.17 of the Revised Code that is found to be	27993
incomplete or inaccurate by the officer to whom it is submitted	27994
shall be accepted on a conditional basis, and the person who filed	27995
it shall be notified by certified mail as to the incomplete or	27996
inaccurate nature of the statement. The secretary of state may	27997
examine statements filed for candidates for the office of member	27998
of the general assembly and candidates for the office of judge of	27999
a court of appeals for completeness and accuracy. The secretary of	28000
state shall examine for completeness and accuracy statements that	28001
campaign committees of candidates for the office of member of the	28002
general assembly and campaign committees of candidates for the	28003
office of judge of a court of appeals file pursuant to division	28004
(F) or (L) of section 3517.106 of the Revised Code. If an officer	28005
at the board of elections where a statement filed for a candidate	28006
for the office of member of the general assembly or for a	28007
candidate for the office of judge of a court of appeals was	28008
submitted finds the statement to be incomplete or inaccurate, the	28009
officer shall immediately notify the secretary of state of its	28010
incomplete or inaccurate nature. If either an officer at the board	28011
of elections or the secretary of state finds a statement filed for	28012
a candidate for the office of member of the general assembly or	28013
for a candidate for the office of judge of a court of appeals to	28014
be incomplete or inaccurate, only the secretary of state shall	28015
send the notification as to the incomplete or inaccurate nature of	28016
the statement.	28017

Within twenty-one days after receipt of the notice, in the	28018
case of a pre-election statement, a postelection statement, a	28019
monthly statement, an annual statement, or a semiannual statement	28020
prescribed by section 3517.10, an annual statement prescribed by	28021
section 3517.101, or a statement prescribed by division (B)(2)(b)	28022
or (C)(2)(b) of section 3517.105 or section 3517.107 of the	28023
Revised Code, the recipient shall file an addendum, amendment, or	28024
other correction to the statement providing the information	28025
necessary to complete or correct the statement. The secretary of	28026
state may require that, in lieu of filing an addendum, amendment,	28027
or other correction to a statement that is filed by electronic	28028
means of transmission to the office of the secretary of state	28029
pursuant to section 3517.106 of the Revised Code, the recipient of	28030
the notice described in this division file by electronic means of	28031
transmission an amended statement that incorporates the	28032
information necessary to complete or correct the statement.	28033

The secretary of state shall determine by rule when an	28034
addendum, amendment, or other correction to any of the following	28035
or when an amended statement of any of the following shall be	28036
filed:	28037

(i) A two-business-day statement prescribed by section	28038
3517.10 of the Revised Code;	28039

(ii) A disclosure of electioneering communications statement	28040
prescribed by division (D) of section 3517.1011 of the Revised	28041
Code;	28042

(iii) A deposit and disbursement statement prescribed under	28043
division (B) of section 3517.1012 of the Revised Code;	28044

(iv) A gift and disbursement statement prescribed under	28045
section 3517.1013 of the Revised Code.	28046

An addendum, amendment, or other correction to a statement	28047
that is filed by electronic means of transmission pursuant to	28048
section 3517.106 of the Revised Code shall be filed in the same	28049
manner as the statement.	28050

The provisions of sections 3517.10, 3517.106, 3517.1011,	28051
3517.1012, and 3517.1013 of the Revised Code pertaining to the	28052
filing of statements of contributions and expenditures, statements	28053
of independent expenditures, disclosure of electioneering	28054
communications statements, deposit and disbursement statements,	28055
and gift and disbursement statements by electronic means of	28056
transmission apply to the filing of addenda, amendments, or other	28057
corrections to those statements by electronic means of	28058
transmission and the filing of amended statements by electronic	28059
means of transmission.	28060

(b) Within five business days after the secretary of state	28061
receives, by electronic or other means of transmission, an	28062
addendum, amendment, or other correction to a statement or an	28063
amended statement under division (B)(3)(a) of this section, the	28064
secretary of state, pursuant to divisions (E), (F), (G), and (I)	28065
of section 3517.106 or division (D) of section 3517.1011 of the	28066
Revised Code, shall make the contribution and expenditure,	28067
contribution and disbursement, deposit and disbursement, or gift	28068
and disbursement information in that addendum, amendment,	28069
correction, or amended statement available online to the public	28070
through the internet.	28071

(4)(a) The secretary of state or the board of elections shall	28072
examine all statements for compliance with sections 3517.08 to	28073
3517.17 of the Revised Code.	28074

(b) The secretary of state may contract with an individual or	28075
entity not associated with the secretary of state and experienced	28076
in interpreting the campaign finance law of this state to conduct	28077
examinations of statements filed by any statewide candidate, as	28078
defined in section 3517.103 of the Revised Code.	28079

(c) The examination shall be conducted by a person or entity	28080
qualified to conduct it. The results of the examination shall be	28081
available to the public, and, when the examination is conducted by	28082
an individual or entity not associated with the secretary of	28083
state, the results of the examination shall be reported to the	28084
secretary of state.	28085

(C)(1) In the event of a failure to file or a late filing of	28086
a statement required to be filed under sections 3517.081 to	28087
3517.17 of the Revised Code, or if a filed statement or any	28088
addendum, amendment, or other correction to a statement or any	28089
amended statement, if an addendum, amendment, or other correction	28090
or an amended statement is required to be filed, is incomplete or	28091
inaccurate or appears to disclose a failure to comply with or a	28092
violation of law, the official whose duty it is to examine the	28093
statement shall promptly file a complaint with the Ohio elections	28094
commission under section 3517.153 of the Revised Code if the law	28095
is one over which the commission has jurisdiction to hear	28096
complaints, or the official shall promptly report the failure or	28097
violation to the board of elections and the board shall promptly	28098
report it to the prosecuting attorney in accordance with division	28099
(J) of section 3501.11 of the Revised Code. If the official files	28100
a complaint with the commission, the commission shall proceed in	28101
accordance with sections 3517.154 to 3517.157 of the Revised Code.	28102

(2) For purposes of division (C)(1) of this section, a	28103
statement or an addendum, amendment, or other correction to a	28104
statement or an amended statement required to be filed under	28105
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	28106
inaccurate under this section if the statement, addendum,	28107
amendment, other correction, or amended statement fails to	28108
disclose substantially all contributions or gifts that are	28109
received or deposits that are made that are required to be	28110
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011,	28111
3517.1012, and 3517.1013 of the Revised Code or if the statement,	28112
addendum, amendment, other correction, or amended statement fails	28113
to disclose at least ninety per cent of the total contributions or	28114
gifts received or deposits made or of the total expenditures or	28115
disbursements made during the reporting period.	28116

(D) No certificate of nomination or election shall be issued	28117
to a person, and no person elected to an office shall enter upon	28118
the performance of the duties of that office, until that person or	28119
that person's campaign committee, as appropriate, has fully	28120
complied with this section and sections 3517.08, 3517.081,	28121
3517.10, and 3517.13 of the Revised Code.	28122

Sec. 3599.17. (A) No elections official serving as a	28123
registrar,or judge~~, or clerk~~ of elections shall do any of the	28124
following:	28125

(1) Fail to appear before the board of elections, or its	28126
representative, after notice has been served personally upon the	28127
official or left at the official's usual place of residence, for	28128
examination as to the official's qualifications;	28129

(2) Fail to appear at the polling place to which the official	28130
is assigned at the hour and during the hours set for the	28131
registration or election;	28132

(3) Fail to take the oath prescribed by section 3501.31 of	28133
the Revised Code, unless excused by such board;	28134

(4) Refuse or sanction the refusal of another registrar or	28135
judge of elections to administer an oath required by law;	28136

(5) Fail to send notice to the board of the appointment of a	28137
judge ~~or clerk~~ to fill a vacancy;	28138

(6) Act as registrar,or judge~~, or clerk~~ without having been	28139
appointed and having received a certificate of appointment, except	28140
a judge ~~or clerk~~ appointed to fill a vacancy caused by absence or	28141
removal;	28142

(7) Fail in any other way to perform any duty imposed by law.

28143

(B) Whoever violates division (A) of this section is guilty	28144
of a misdemeanor of the first degree.	28145

Sec. 3599.19. (A) No judge ~~or clerk~~ of elections shall	28146
knowingly do any of the following:	28147

(1) Unlawfully open or permit to be opened the sealed package	28148
containing registration lists, ballots, blanks, pollbooks, and	28149
other papers and material to be used in an election;	28150

(2) Unlawfully misplace, carry away, negligently lose or	28151
permit to be taken from the judge ~~or clerk~~, fail to deliver, or	28152
destroy any such packages, papers, or material;	28153

(3) Receive or sanction the reception of a ballot from a	28154
person not a qualified elector or from a person who refused to	28155
answer a question in accordance with the election law;	28156

(4) Refuse to receive or sanction the rejection of a ballot	28157
from a person, knowing that person to be a qualified elector;	28158

(5) Permit a fraudulent ballot to be placed in the ballot	28159
box;	28160

(6) Place or permit to be placed in any ballot box any ballot	28161
known by the judge ~~or clerk~~ to be improperly or falsely marked;	28162

(7) Count or permit to be counted any illegal or fraudulent	28163
ballot;	28164

(8) Mislead an elector who is physically unable to prepare	28165
the elector's ballot, mark a ballot for such elector otherwise	28166
than as directed by that elector, or disclose to any person,	28167
except when legally required to do so, how such elector voted;	28168

(9) Alter or mark or permit any alteration or marking on any	28169
ballot when counting the ballots;	28170

(10) Unlawfully count or tally or sanction the wrongful	28171
counting or tallying of votes;	28172

(11) After the counting of votes commences, as required by	28173
law, postpone or sanction the postponement of the counting of	28174
votes, adjourn at any time or to any place, or remove the ballot	28175
box from the place of voting, or from the custody or presence of	28176
all the judges ~~and clerks~~ of such elections;	28177

(12) Permit any ballot to remain or to be in the ballot box	28178
at the opening of the polls, or to be put in the box during the	28179
counting of the ballots, or to be left in the box without being	28180
counted;	28181

(13) Admit or sanction the admission to the polling room at	28182
an election during the receiving, counting, and certifying of	28183
votes of any person not qualified by law to be so admitted;	28184

(14) Refuse to admit or sanction the refusal to admit any	28185
person, upon lawful request for admission, who is legally	28186
qualified to be present;	28187

(15) Permit or sanction the counting of the ballots contrary	28188
to the manner prescribed by law;	28189

(16) Neglect or unlawfully execute any duty enjoined upon the	28190
judge ~~or clerk~~ by law.	28191

(B) Whoever violates division (A) of this section is guilty	28192
of a misdemeanor of the first degree.	28193

Sec. 3599.37. (A) No person having been subpoenaed or	28194
ordered to appear before a grand jury, court, board, or officer in	28195
a proceeding or prosecution upon a complaint, information,	28196
affidavit, or indictment for an offense under an election law	28197
shall do either of the following:	28198

(1) Fail to appear or, having appeared, refuse to answer a	28199
question pertinent to the matter under inquiry or investigation;	28200

(2) Refuse to produce, upon reasonable notice, any material,	28201
books, papers, documents, or records in that person's possession	28202
or under that person's control.	28203

(B) Whoever violates division (A) of this section, unless the	28204
violator ~~claims~~personally appears before the grand jury, court,	28205
board, or officer and asserts the protection of the violator's	28206
constitutional rights, is guilty of a misdemeanor of the first	28207
degree.	28208

Sec. 3701.135. (A) The autism diagnosis education pilot	28209
program is hereby established in the department of health. The	28210
program shall have the following goals:	28211

(1) To educate health care professionals, teachers and other	28212
educational personnel, child care providers, parents, early	28213
intervention and developmental disabilities providers, and other	28214
community-based services providers in this state regarding the	28215
diagnosis of autism spectrum disorders, including the range of	28216
symptoms that may indicate autism spectrum disorders and screening	28217
tools;	28218

(2) To promote appropriate standards for the diagnosis of	28219
autism spectrum disorders in children, including screening tools	28220
and treatment planning for children diagnosed with autism spectrum	28221
disorders;	28222

(3) To encourage physicians and other health care	28223
professionals with expertise in screening, diagnosing, and	28224
treating autism spectrum disorders to share that information with	28225
other health care professionals in this state;	28226

(4) To encourage the regional coordination of services to	28227
facilitate the effective, timely treatment of children diagnosed	28228
with autism spectrum disorders.	28229

(B) The director of health shall contract with a statewide	28230
association representing pediatric physicians to conduct or	28231
administer the autism diagnosis education pilot program.	28232

Sec. 3701.74. (A) As used in this section and section	28233
3701.741 of the Revised Code:	28234

(1) "Ambulatory care facility" means a facility that provides	28235
medical, diagnostic, or surgical treatment to patients who do not	28236
require hospitalization, including a dialysis center, ambulatory	28237
surgical facility, cardiac catheterization facility, diagnostic	28238
imaging center, extracorporeal shock wave lithotripsy center, home	28239
health agency, inpatient hospice, birthing center, radiation	28240
therapy center, emergency facility, and an urgent care center.	28241
"Ambulatory care facility" does not include the private office of	28242
a physician or dentist, whether the office is for an individual or	28243
group practice.	28244

(2) "Chiropractor" means an individual licensed under Chapter	28245
4734. of the Revised Code to practice chiropractic.	28246

(3) "Emergency facility" means a hospital emergency	28247
department or any other facility that provides emergency medical	28248
services.	28249

(4) "Health care practitioner" means all of the following:

28250

(a) A dentist or dental hygienist licensed under Chapter	28251
4715. of the Revised Code;	28252

(b) A registered or licensed practical nurse licensed under	28253
Chapter 4723. of the Revised Code;	28254

(c) An optometrist licensed under Chapter 4725. of the	28255
Revised Code;	28256

(d) A dispensing optician, spectacle dispensing optician,	28257
contact lens dispensing optician, or spectacle-contact lens	28258
dispensing optician licensed under Chapter 4725. of the Revised	28259
Code;	28260

(e) A pharmacist licensed under Chapter 4729. of the Revised	28261
Code;	28262

(f) A physician;

28263

(g) A physician assistant authorized under Chapter 4730. of	28264
the Revised Code to practice as a physician assistant;	28265

(h) A practitioner of a limited branch of medicine issued a	28266
certificate under Chapter 4731. of the Revised Code;	28267

(i) A psychologist licensed under Chapter 4732. of the	28268
Revised Code;	28269

(j) A chiropractor;

28270

(k) A hearing aid dealer or fitter licensed under Chapter	28271
4747. of the Revised Code;	28272

(l) A speech-language pathologist or audiologist licensed	28273
under Chapter 4753. of the Revised Code;	28274

(m) An occupational therapist or occupational therapy	28275
assistant licensed under Chapter 4755. of the Revised Code;	28276

(n) A physical therapist or physical therapy assistant	28277
licensed under Chapter 4755. of the Revised Code;	28278

(o) A professional clinical counselor, professional	28279
counselor, social worker, or independent social worker licensed,	28280
or a social work assistant registered, under Chapter 4757. of the	28281
Revised Code;	28282

(p) A dietitian licensed under Chapter 4759. of the Revised	28283
Code;	28284

(q) A respiratory care professional licensed under Chapter	28285
4761. of the Revised Code;	28286

(r) An emergency medical technician-basic, emergency medical	28287
technician-intermediate, or emergency medical technician-paramedic	28288
certified under Chapter 4765. of the Revised Code.	28289

(5) "Health care provider" means a hospital, ambulatory care	28290
facility, long-term care facility, pharmacy, emergency facility,	28291
or health care practitioner.	28292

(6) "Hospital" has the same meaning as in section 3727.01 of	28293
the Revised Code.	28294

(7) "Long-term care facility" means a nursing home,	28295
residential care facility, or home for the aging, as those terms	28296
are defined in section 3721.01 of the Revised Code; an adult care	28297
facility, as defined in section 3722.01 of the Revised Code; a	28298
nursing facility or intermediate care facility for the mentally	28299
retarded, as those terms are defined in section 5111.20 of the	28300
Revised Code; a facility or portion of a facility certified as a	28301
skilled nursing facility under Title XVIII of the "Social Security	28302
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	28303

(8) "Medical record" means data in any form that pertains to	28304
a patient's medical history, diagnosis, prognosis, or medical	28305
condition and that is generated and maintained by a health care	28306
provider in the process of the patient's health care treatment.	28307

(9) "Medical records company" means a person who stores,	28308
locates, or copies medical records for a health care provider, or	28309
is compensated for doing so by a health care provider, and charges	28310
a fee for providing medical records to a patient or patient's	28311
representative.	28312

(10) "Patient" means either of the following:

28313

(a) An individual who received health care treatment from a	28314
health care provider;	28315

(b) A guardian, as defined in section 1337.11 of the Revised	28316
Code, of an individual described in division (A)(10)(a) of this	28317
section.	28318

(11) "Patient's personal representative" means a minor	28319
patient's parent or other person acting in loco parentis, a	28320
court-appointed guardian, or a person with durable power of	28321
attorney for health care for a patient, the executor or	28322
administrator of the patient's estate, or the person responsible	28323
for the patient's estate if it is not to be probated. "Patient's	28324
personal representative" does not include an insurer authorized	28325
under Title XXXIX of the Revised Code to do the business of	28326
sickness and accident insurance in this state, a health insuring	28327
corporation holding a certificate of authority under Chapter 1751.	28328
of the Revised Code, or any other person not named in this	28329
division.	28330

(12) "Pharmacy" has the same meaning as in section 4729.01 of	28331
the Revised Code.	28332

(13) "Physician" means a person authorized under Chapter	28333
4731. of the Revised Code to practice medicine and surgery,	28334
osteopathic medicine and surgery, or podiatric medicine and	28335
surgery.	28336

(14) "Authorized person" means a person to whom a patient has	28337
given written authorization to act on the patient's behalf	28338
regarding the patient's medical record.	28339

(B) A patient, a patient's personal representative or an	28340
authorized person who wishes to examine or obtain a copy of part	28341
or all of a medical record shall submit to the health care	28342
provider a written request signed by the patient, personal	28343
representative, or authorized person dated not more than ~~sixty~~	28344
~~days~~one year before the date on which it is submitted. The	28345
request shall indicate whether the copy is to be sent to the	28346
requestor, physician or chiropractor, , or held for the requestor	28347
at the office of the health care provider. Within a reasonable	28348
time after receiving a request that meets the requirements of this	28349
division and includes sufficient information to identify the	28350
record requested, a health care provider that has the patient's	28351
medical records shall permit the patient to examine the record	28352
during regular business hours without charge or, on request, shall	28353
provide a copy of the record in accordance with section 3701.741	28354
of the Revised Code, except that if a physician or chiropractor	28355
who has treated the patient determines for clearly stated	28356
treatment reasons that disclosure of the requested record is	28357
likely to have an adverse effect on the patient, the health care	28358
provider shall provide the record to a physician or chiropractor	28359
designated by the patient. The health care provider shall take	28360
reasonable steps to establish the identity of the person making	28361
the request to examine or obtain a copy of the patient's record.	28362

(C) If a health care provider fails to furnish a medical	28363
record as required by division (B) of this section, the patient,	28364
personal representative, or authorized person who requested the	28365
record may bring a civil action to enforce the patient's right of	28366
access to the record.	28367

(D)(1) This section does not apply to medical records whose	28368
release is covered by section 173.20 or 3721.13 of the Revised	28369
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	28370
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	28371
Records," or by 42 C.F.R. 483.10.	28372

(2) Nothing in this section is intended to supersede the	28373
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	28374
and 2305.252 of the Revised Code.	28375

Sec. 3701.741. (A) Through December 31, 2008, each health	28376
care provider and medical records company shall provide copies of	28377
medical records in accordance with this section.	28378

(B) Except as provided in divisions (C) and (E) of this	28379
section, a health care provider or medical records company that	28380
receives a request for a copy of a patient's medical record shall	28381
charge not more than the amounts set forth in this section.	28382

(1) If the request is made by the patient or the patient's	28383
personal representative, total costs for copies and all services	28384
related to those copies shall not exceed the sum of the following:	28385

(a) With respect to data recorded on paper, the following	28386
amounts:	28387

(i) Two dollars and fifty cents per page for the first ten	28388
pages;	28389

(ii) Fifty-one cents per page for pages eleven through fifty;

28390

(iii) Twenty cents per page for pages fifty-one and higher;

28391

(b) With respect to data recorded other than on paper, one	28392
dollar and seventy cents per page;	28393

(c) The actual cost of any related postage incurred by the	28394
health care provider or medical records company.	28395

(2) If the request is made other than by the patient or the	28396
patient's personal representative, total costs for copies and all	28397
services related to those copies shall not exceed the sum of the	28398
following:	28399

(a) An initial fee of fifteen dollars and thirty-five cents,	28400
which shall compensate for the records search;	28401

(b) With respect to data recorded on paper, the following	28402
amounts:	28403

(i) One dollar and two cents per page for the first ten	28404
pages;	28405

(ii) Fifty-one cents per page for pages eleven through fifty;

28406

(iii) Twenty cents per page for pages fifty-one and higher.

28407

(c) With respect to data recorded other than on paper, one	28408
dollar and seventy cents per page;	28409

(d) The actual cost of any related postage incurred by the	28410
health care provider or medical records company.	28411

(C)(1) A health care provider or medical records company	28412
shall provide one copy without charge to the following:	28413

(a) The bureau of workers' compensation, in accordance with	28414
Chapters 4121. and 4123. of the Revised Code and the rules adopted	28415
under those chapters;	28416

(b) The industrial commission, in accordance with Chapters	28417
4121. and 4123. of the Revised Code and the rules adopted under	28418
those chapters;	28419

(c) The department of job and family services or a county	28420
department of job and family services, in accordance with ~~Chapter~~	28421
Chapters 5101. and 5111. of the Revised Code and the rules adopted	28422
under those chapters;	28423

(d) The attorney general, in accordance with sections 2743.51	28424
to 2743.72 of the Revised Code and any rules that may be adopted	28425
under those sections;	28426

(e) A patient or patient's personal representative if the	28427
medical record is necessary to support a claim under Title II or	28428
Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42	28429
U.S.C.A. 401 and 1381, as amended, and the request is accompanied	28430
by documentation that a claim has been filed.	28431

(2) Nothing in division (C)(1) of this section requires a	28432
health care provider or medical records company to provide a copy	28433
without charge to any person or entity not listed in division	28434
(C)(1) of this section.	28435

(D) Division (C) of this section shall not be construed to	28436
supersede any rule of the bureau of workers' compensation, the	28437
industrial commission, or the department of job and family	28438
services.	28439

(E) A health care provider or medical records company may	28440
enter into a contract with either of the following for the copying	28441
of medical records at a fee other than as provided in division (B)	28442
of this section:	28443

(1) A patient, a patient's personal representative, or an	28444
authorized person;	28445

(2) An insurer authorized under Title XXXIX of the Revised	28446
Code to do the business of sickness and accident insurance in this	28447
state or health insuring corporations holding a certificate of	28448
authority under Chapter 1751. of the Revised Code.	28449

(F) This section does not apply to medical records the	28450
copying of which is covered by section 173.20 of the Revised Code	28451
or by 42 C.F.R. 483.10.	28452

Sec. 3701.83. (A) There is hereby created in the state	28453
treasury the general operations fund. Moneys in the fund shall be	28454
used for the purposes specified in sections 3701.04, 3701.344,	28455
3702.20, 3710.15, 3711.021, 3717.45, ~~3718.06,~~ 3721.02, 3722.04,	28456
3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,	28457
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	28458
of the Revised Code.	28459

(B) The alcohol testing program fund is hereby created in the	28460
state treasury. The director of health shall use the fund to	28461
administer and enforce the alcohol testing and permit program	28462
authorized by section 3701.143 of the Revised Code.	28463

The fund shall receive transfers from the liquor control fund	28464
created under section 4301.12 of the Revised Code. All investment	28465
earnings of the alcohol testing program fund shall be credited to	28466
the fund.	28467

Sec. 3702.52. The director of health shall administer a	28468
state certificate of need program in accordance with sections	28469
3702.51 to 3702.62 of the Revised Code and rules adopted under	28470
those sections.	28471

(A) The director shall issue rulings on whether a particular	28472
proposed project is a reviewable activity. The director shall	28473
issue a ruling not later than forty-five days after receiving a	28474
request for a ruling accompanied by the information needed to make	28475
the ruling. If the director does not issue a ruling in that time,	28476
the project shall be considered to have been ruled not a	28477
reviewable activity.	28478

(B) The director shall review applications for certificates	28479
of need. Each application shall be submitted to the director on	28480
forms prescribed by the director, shall include all information	28481
required by rules adopted under division (B) of section 3702.57 of	28482
the Revised Code, and shall be accompanied by the application fee	28483
established in rules adopted under division (G) of that section.	28484
~~Application~~	28485

Application fees received by the director under this division	28486
shall be deposited into the state treasury to the credit of the	28487
certificate of need fund, which is hereby created. The director	28488
shall use the fund only to pay the costs of administering sections	28489
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised	28490
Code and rules adopted under those sections.	28491

The director shall mail to the applicant a written notice	28492
that the application meets the criteria for a complete application	28493
specified in rules adopted under section 3702.57 of the Revised	28494
Code, or a written request for additional information, not later	28495
than ~~fifteen~~thirty days after receiving an application or a	28496
response to an earlier request for information. The director	28497
shall not make more than two requests for additional information.	28498

The director may conduct a public informational hearing in	28499
the course of reviewing any application for a certificate of need,	28500
and shall conduct one if requested to do so by any affected person	28501
not later than fifteen days after the director mails the notice	28502
that the application is complete. The hearing shall be conducted	28503
in the community in which the activities authorized by the	28504
certificate of need would be carried out. Any affected person may	28505
testify at the hearing. The director may, with the health service	28506
agency's consent, designate a health service agency to conduct the	28507
hearing.	28508

Except during a public hearing or as necessary to comply with	28509
a subpoena issued under division (F) of this section, after a	28510
notice of completeness has been received, no person shall	28511
knowingly discuss in person or by telephone the merits of the	28512
application with the director. If one or more persons request a	28513
meeting in person or by telephone, the director shall make a	28514
reasonable effort to invite interested parties to the meeting or	28515
conference call.	28516

(C) ~~Divisions (C)(1) to (7) of this section apply to~~	28517
~~certificate of need applications for which the director had not~~	28518
~~issued a written decision prior to April 20, 1995, unless the~~	28519
~~director was required, under the version of this section in effect~~	28520
~~immediately prior to June 30, 1995, to grant a certificate of need~~	28521
~~prior to June 30, 1995, because of a lack of written objections~~	28522
~~from any affected person. Divisions (C)(1) to (7) of this section~~	28523
~~do not invalidate any certificate of need that the director was~~	28524
~~required to grant prior to June 30, 1995, under that circumstance.~~	28525

~~(1) The~~All of the following apply to the process of granting	28526
or denying a certificate of need:	28527

(1) If the project proposed in a certificate of need	28528
application meets all of the applicable certificate of need	28529
criteria for approval under sections 3702.51 to 3702.62 of the	28530
Revised Code and the rules adopted under those sections, the	28531
director shall grant a certificate of need for the entire project	28532
that is the subject of the application immediately after both of	28533
the following conditions are met:	28534

(a) The board of trustees of the health service agency of the	28535
health service area in which the reviewable activity is proposed	28536
to be conducted recommends, prior to the deadline specified in	28537
division (C)(4) of this section or any extension of it under	28538
division (C)(5) of this section, that the certificate of need be	28539
granted;	28540

(b) The director ~~receives no~~does not receive any written	28541
objections to the application from any affected person by the	28542
~~later of May 20, 1995, or thirty days~~thirtieth day after the	28543
director mails the notice of completeness.	28544

(2) In the case of certificate of need applications under	28545
comparative review, if the projects proposed in the applications	28546
meet all of the applicable certificate of need criteria for	28547
approval under sections 3702.51 to 3702.62 of the Revised Code and	28548
the rules adopted under those sections, the director shall grant	28549
certificates of need for the entire projects that are the subject	28550
of the applications immediately after both of the following	28551
conditions are met:	28552

(a) The board of trustees of the health service agency of	28553
each health service area in which the reviewable activities are	28554
proposed to be conducted recommends, prior to the deadline	28555
specified in division (C)(4) of this section or any extension of	28556
it under division (C)(5) of this section, that certificates of	28557
need be granted for each of the reviewable activities to be	28558
conducted in its health service area;	28559

(b) The director ~~receives no~~does not receive any written	28560
objections to any of the applications from any affected person by	28561
the ~~later of May 20, 1995, or thirty days~~thirtieth day after the	28562
director mails the last notice of completeness.	28563

The director's grant of a certificate of need under division	28564
(C)(1) or (2) of this section does not affect, and sets no	28565
precedent for, the director's decision to grant or deny other	28566
applications for similar reviewable activities proposed to be	28567
conducted in the same or different health service areas.	28568

(3) If the director receives written objections to an	28569
application from any affected person by the ~~later of May 20, 1995,~~	28570
~~or thirty days~~thirtieth day after mailing the notice of	28571
completeness, regardless of the health service agency's	28572
recommendation, the director shall notify the applicant and assign	28573
a hearing examiner to conduct an adjudication hearing concerning	28574
the application in accordance with Chapter 119. of the Revised	28575
Code. In the case of applications under comparative review, if the	28576
director receives written objections to any of the applications	28577
from any affected person by the ~~later of May 20, 1995, or thirty~~	28578
~~days~~thirtieth day after the director mails the last notice of	28579
completeness, regardless of the health service agencies'	28580
recommendation, the director shall notify all of the applicants	28581
and appoint a hearing examiner to conduct a consolidated	28582
adjudication hearing concerning the applications in accordance	28583
with Chapter 119. of the Revised Code. The hearing examiner shall	28584
be employed by or under contract with the department of health.	28585

The adjudication hearings may be conducted in the health	28586
service area in which the reviewable activity is proposed to be	28587
conducted. Consolidated adjudication hearings for applications in	28588
comparative review may be conducted in the geographic region in	28589
which all of the reviewable activities will be conducted. The	28590
applicant, the director, and the affected persons that filed	28591
objections to the application shall be parties to the hearing. If	28592
none of the affected persons that submitted written objections to	28593
the application appears or prosecutes the hearing, the hearing	28594
examiner shall dismiss the hearing and the director shall grant a	28595
certificate of need for the entire project that is the subject of	28596
the application if the proposed project meets all of the	28597
applicable certificate of need criteria for approval under	28598
sections 3702.51 to 3702.62 of the Revised Code and the rules	28599
adopted under those sections. The affected persons bear the burden	28600
of proving by a preponderance of evidence that the project is not	28601
needed or that granting the certificate would not be in accordance	28602
with sections 3702.51 to 3702.62 of the Revised Code or the rules	28603
adopted under ~~section 3702.57 of the Revised Code~~those sections.	28604

(4) Except as provided in divisions (C)(1) and (2) of this	28605
section, the director shall grant or deny certificate of need	28606
applications for which an adjudication hearing is not conducted	28607
under division (C)(3) of this section not later than ~~ninety~~sixty	28608
days after mailing the notice of completeness or, in the case of	28609
an application proposing addition of long-term care beds, not	28610
later than ~~ninety~~sixty days after such other time as is specified	28611
in rules adopted under section 3702.57 of the Revised Code. The	28612
director shall grant or deny certificate of need applications for	28613
which an adjudication hearing is conducted under division (C)(3)	28614
of this section not later than thirty days after the expiration of	28615
the time for filing objections to the report and recommendation of	28616
the hearing examiner under section 119.09 of the Revised Code. The	28617
director shall base decisions concerning applications for which an	28618
adjudication hearing is conducted under division (C)(3) of this	28619
section on the report and recommendations of the hearing examiner.	28620

(5) Except as otherwise provided in division (C)(1), (2), or	28621
(6) of this section, the director or the applicant may extend the	28622
deadline prescribed in division (C)(4) of this section once, for	28623
no longer than thirty days, by written notice before the end of	28624
the original thirty-day period. An extension by the director under	28625
division (C)(5) of this section shall apply to all applications	28626
that are in comparative review.	28627

(6) No applicant in a comparative review may extend the	28628
deadline specified in division (C)(4) of this section.	28629

(7) Except as provided in divisions (C)(1) and (2) of this	28630
section, the director may grant a certificate of need for all or	28631
part of the project that is the subject of an application. If the	28632
director does not grant or deny the certificate by the applicable	28633
deadline specified in division (C)(4) of this section or any	28634
extension of it under division (C)(5) of this section, the	28635
certificate shall be considered to have been granted. ~~The~~	28636
~~director, in reviewing certificate of need applications for solid~~	28637
~~organ transplantation services, may ask for assistance from a~~	28638
~~statewide transplantation advisory group consisting of qualified~~	28639
~~professionals and administrators. Such consultation shall not~~	28640
~~cause the review period for any application to be extended beyond~~	28641
~~the applicable deadline specified in division (C)(4) of this~~	28642
~~section or any extension of it under division (C)(5) of this~~	28643
~~section.~~	28644

~~(D)~~(8) In granting a certificate of need, the director shall	28645
specify as the maximum capital expenditure the certificate holder	28646
may obligate under the certificate a figure equal to one hundred	28647
ten per cent of the approved project cost.	28648

~~(E)~~(9) In granting a certificate of need, the director may	28649
grant the certificate with conditions that must be met by the	28650
holder of the certificate.	28651

(D) The director shall monitor the activities of persons	28652
granted certificates of need concerning long-term care beds during	28653
the period beginning with the granting of the certificate of need	28654
and ending five years after implementation of the activity for	28655
which the certificate was granted.	28656

In the case of any other certificate of need, the director	28657
shall monitor the activities of persons granted certificates of	28658
need during the period beginning with the granting of the	28659
certificate of need and ending when the activity for which the	28660
certificate was granted ceases to be a reviewable activity in	28661
accordance with section 3702.511 of the Revised Code.	28662

~~(F)~~(E) When reviewing applications for certificates of need	28663
or monitoring activities of persons granted certificates of need,	28664
the director may issue and enforce, in the manner provided in	28665
section 119.09 of the Revised Code, subpoenas duces tecum to	28666
compel the production of documents relevant to review of the	28667
application or monitoring of the activities. In addition, the	28668
director or the director's designee, which may include a health	28669
service agency, may visit the sites where the activities are or	28670
will be conducted.	28671

~~(G)~~(F) The director may withdraw certificates of need.

28672

~~(H)~~(G) The director shall conduct, on a regular basis, health	28673
system data collection and analysis activities and prepare	28674
reports. The director shall make recommendations based upon these	28675
activities to the public health council concerning the adoption of	28676
appropriate rules under section 3702.57 of the Revised Code. All	28677
health care facilities and other health care providers shall	28678
submit to the director, upon request, any information that is	28679
necessary to conduct reviews of certificate of need applications	28680
and to develop recommendations for criteria for reviews, and that	28681
is prescribed by rules adopted under division (H) of section	28682
3702.57 of the Revised Code.	28683

~~(I)~~(H) Any decision to grant or deny a certificate of need	28684
shall consider the special needs and circumstances resulting from	28685
moral and ethical values and the free exercise of religious rights	28686
of health care facilities administered by religious organizations,	28687
and the special needs and circumstances of children's hospitals,	28688
inner city hospitals, and small rural hospitals.	28689

Sec. 3702.5211. Notwithstanding any conflicting provision of	28690
sections 3702.51 to ~~3702.68~~3702.62 of the Revised Code, the	28691
veterans' home operated under Chapter 5907. of the Revised Code	28692
that is located in Sandusky, including the Secrest nursing home	28693
and Giffin care facility, is not required to obtain a certificate	28694
of need for the addition of up to fifty-two additional nursing	28695
home beds to be licensed under Chapter 3721. of the Revised Code	28696
if the additional beds are placed in service prior to June 30,	28697
1999.	28698

Sec. 3702.5212. (A) This section applies to each long-term	28699
care facility that meets the following requirements:	28700

(1) The facility has been in continuous operation for not	28701
less than one hundred twenty years prior to the effective date of	28702
this section;	28703

(2) The facility is located in an inner city area;

28704

(3) The facility is operating as a nonprofit entity organized	28705
under Chapter 1702. of the Revised Code or the nonprofit law of	28706
another state.	28707

(B) Notwithstanding any conflicting provision of sections	28708
3702.51 to ~~3702.68~~3702.62 of the Revised Code, the owner or	28709
operator of a long-term care facility described in division (A) of	28710
this section is not required to obtain a certificate of need for	28711
the addition of up to thirty long-term care beds to be licensed	28712
under Chapter 3721. of the Revised Code. The exemption shall apply	28713
only as long as the beds are owned and operated by the facility to	28714
which the exemption is granted.	28715

Sec. 3702.5213. Notwithstanding any conflicting provision of	28716
sections 3702.51 to ~~3702.68~~3702.62 of the Revised Code, the	28717
veterans' home operated under Chapter 5907. of the Revised Code	28718
that is located in Brown county is not required to obtain a	28719
certificate of need for the addition of up to one hundred	28720
sixty-eight additional nursing home beds to be licensed under	28721
Chapter 3721. of the Revised Code if the additional beds are	28722
placed in service prior to December 31, 2004.	28723

Sec. 3702.57. (A) The public health council shall adopt	28724
rules establishing procedures and criteria for reviews of	28725
applications for certificates of need and issuance, denial, or	28726
withdrawal of certificates.	28727

(1) The rules shall require that, in addition to any other	28728
applicable review requirements of sections 3702.51 to 3702.62 of	28729
the Revised Code and rules adopted thereunder, any application for	28730
a certificate of need from an osteopathic hospital be reviewed on	28731
the basis of the need for and the availability in the community of	28732
services and hospitals for osteopathic physicians and their	28733
patients, and in terms of its impact on existing and proposed	28734
institutional training programs for doctors of osteopathy and	28735
doctors of medicine at the student, internship, and residency	28736
training levels.	28737

(2) In adopting rules that establish criteria for reviews of	28738
applications of certificates of need, the council shall consider	28739
the availability of and need for long-term care beds to provide	28740
care and treatment to persons diagnosed as having traumatic brain	28741
injuries and shall prescribe criteria for reviewing applications	28742
that propose to add long-term care beds to provide care and	28743
treatment to persons diagnosed as having traumatic brain injuries.	28744

(3) The criteria for reviews of applications for certificates	28745
of need shall relate to the need for the reviewable activity and	28746
shall pertain to all of the following matters:	28747

(a) The impact of the reviewable activity on the cost and	28748
quality of health services in the relevant geographic area,	28749
including, but not limited, to the historical and projected	28750
utilization of the services to which the application pertains and	28751
the effect of the reviewable activity on utilization of other	28752
providers of similar services;	28753

(b) The quality of the services to be provided as the result	28754
of the activity, as evidenced by the historical performance of the	28755
persons that will be involved in providing the services and by the	28756
provisions that are proposed in the application to ensure quality,	28757
including but not limited to adequate available personnel,	28758
available ancillary and support services, available equipment,	28759
size and configuration of physical plant, and relations with other	28760
providers;	28761

(c) The impact of the reviewable activity on the availability	28762
and accessibility of the type of services proposed in the	28763
application to the population of the relevant geographic area, and	28764
the level of access to the services proposed in the application	28765
that will be provided to medically underserved individuals such as	28766
recipients of public assistance and individuals who have no health	28767
insurance or whose health insurance is insufficient;	28768

(d) The activity's short- and long-term financial feasibility	28769
and cost-effectiveness, the impact of the activity on the	28770
applicant's costs and charges, and a comparison of the applicant's	28771
costs and charges with those of providers of similar services in	28772
the applicant's proposed service area;	28773

(e) The advantages, disadvantages, and costs of alternatives	28774
to the reviewable activity;	28775

(f) The impact of the activity on all other providers of	28776
similar services in the health service area or other relevant	28777
geographic area, including the impact on their utilization, market	28778
share, and financial status;	28779

(g) The historical performance of the applicant and related	28780
or affiliated parties in complying with previously granted	28781
certificates of need and any applicable certification,	28782
accreditation, or licensure requirements;	28783

(h) The relationship of the activity to the current edition	28784
of the state health resources plan issued under section 3702.521	28785
of the Revised Code;	28786

(i) The historical performance of the applicant and related	28787
or affiliated parties in providing cost-effective health care	28788
services;	28789

(j) The special needs and circumstances of the applicant or	28790
population proposed to be served by the proposed project,	28791
including research activities, prevalence of particular diseases,	28792
unusual demographic characteristics, cost-effective contractual	28793
affiliations, and other special circumstances;	28794

(k) The appropriateness of the zoning status of the proposed	28795
site of the activity;	28796

(l) The participation by the applicant in research conducted	28797
by the United States food and drug administration or clinical	28798
trials sponsored by the national institutes of health.	28799

(4) The criteria for reviews of applications may include	28800
formulas for determining need for beds and services.	28801

(a) The criteria prescribing formulas shall not, either by	28802
themselves or in conjunction with any established occupancy	28803
guidelines, require, as a condition of being granted a certificate	28804
of need, that a hospital reduce its complement of registered beds	28805
or discontinue any service that is not related to the service or	28806
project for which the certificate of need is sought.	28807

(b) With respect to applications to conduct reviewable	28808
activities that are affected directly by the inpatient occupancy	28809
of a health care facility, including addition, relocation, or	28810
recategorization of beds or renovation or other construction	28811
activities relating to inpatient services, the rules shall	28812
prescribe criteria for determining whether the scope of the	28813
proposed project is appropriate in light of the historical and	28814
reasonably projected occupancy rates for the beds related to the	28815
project.	28816

(c) Any rules prescribing criteria that establish ratios of	28817
beds, services, or equipment to population shall specify the bases	28818
for establishing the ratios or mitigating factors or exceptions to	28819
the ratios.	28820

(B) The council shall adopt rules specifying all of the	28821
following:	28822

(1) Information that must be provided in applications for	28823
certificates of need, which shall include a plan for obligating	28824
the capital expenditure or implementing the proposed project on a	28825
timely basis in accordance with section 3702.525 of the Revised	28826
Code;	28827

(2) Procedures for reviewing applications for completeness of	28828
information;	28829

(3) Criteria for determining that the application is	28830
complete.	28831

(C) The council shall adopt rules specifying requirements	28832
that holders of certificates of need must meet in order for the	28833
certificates to remain valid and establishing definitions and	28834
requirements for obligation of capital expenditures and	28835
implementation of projects authorized by certificates of need.	28836

(D) The council shall adopt rules establishing criteria and	28837
procedures under which the director of health may withdraw a	28838
certificate of need if the holder fails to meet requirements for	28839
continued validity of the certificate.	28840

(E) The council shall adopt rules establishing procedures	28841
under which the department of health shall monitor project	28842
implementation activities of holders of certificates of need. The	28843
rules adopted under this division also may establish procedures	28844
for monitoring implementation activities of persons that have	28845
received nonreviewability rulings.	28846

(F) The council shall adopt rules establishing procedures	28847
under which the director of health shall review certificates of	28848
need whose holders exceed or appear likely to exceed an	28849
expenditure maximum specified in a certificate.	28850

(G) The council shall adopt rules establishing certificate of	28851
need application fees sufficient to pay the costs incurred by the	28852
department for administering sections 3702.51 to 3702.62 of the	28853
Revised Code and to pay health service agencies for the functions	28854
they perform under division (D)(5) of section 3702.58 of the	28855
Revised Code. Unless rules are adopted under this division	28856
establishing different application fees, the application fee for a	28857
project not involving a capital expenditure shall be three	28858
thousand dollars and the application fee for a project involving a	28859
capital expenditure shall be nine-tenths of one per cent of the	28860
capital expenditure proposed subject to a minimum of three	28861
thousand dollars and a maximum of twenty thousand dollars.	28862

(H) The council shall adopt rules specifying information that	28863
is necessary to conduct reviews of certificate of need	28864
applications and to develop recommendations for criteria for	28865
reviews that health care facilities and other health care	28866
providers are to submit to the director under division ~~(H)~~(G) of	28867
section 3702.52 of the Revised Code.	28868

(I) The council shall adopt rules defining "affiliated	28869
person,""related person," and "ultimate controlling interest" for	28870
purposes of section 3702.524 of the Revised Code.	28871

(J) The council shall adopt rules prescribing requirements	28872
for holders of certificates of need to demonstrate to the director	28873
under section 3702.526 of the Revised Code that reasonable	28874
progress is being made toward completion of the reviewable	28875
activity and establishing standards by which the director shall	28876
determine whether reasonable progress is being made.	28877

(K) The council shall adopt rules defining high-risk cardiac	28878
catheterization patients. High-risk patients shall include	28879
patients with significant ischemic syndromes or unstable	28880
myocardial infarction, patients who need intervention such as	28881
angioplasty or bypass surgery, patients who may require difficult	28882
or complex catheterization procedures such as transeptal	28883
assessment of valvular dysfunction, patients with critical aortic	28884
stenosis or congestive heart failure, and other patients specified	28885
by the council.	28886

(L) The public health council shall adopt all rules under	28887
divisions (A) to (K) of this section in accordance with Chapter	28888
119. of the Revised Code. The council may adopt other rules as	28889
necessary to carry out the purposes of sections 3702.51 to 3702.62	28890
of the Revised Code.	28891

~~Sec. 3702.68.~~ Sec. 3702.59. (A) Notwithstanding any conflicting	28892
provision of sections 3702.51 to 3702.62 of the Revised Code,	28893
other than the provisions of sections 3702.5210, 3702.5211,	28894
3702.5212, and 3702.5213 of the Revised Code, both of the	28895
following apply under the certificate of need program:	28896

(1) Divisions (B) to (E) of this section ~~applies~~apply to the	28897
review of certificate of need applications during the period	28898
beginning July 1, 1993, and ending June 30, ~~2007~~2009.	28899

~~As used in this section, "existing health care facility" has~~	28900
~~the same meaning as in section 3702.51 of the Revised Code~~(2)	28901
Beginning July 1, 2009, the director of health shall not accept	28902
for review under section 3702.52 of the Revised Code any	28903
application for a certificate of need to recategorize hospital	28904
beds as described in section 3702.522 of the Revised Code.	28905

(B)(1) Except as provided in division (B)(2) of this section,	28906
the director of health shall neither grant nor deny any	28907
application for a certificate of need submitted prior to July 1,	28908
1993, if the application was for any of the following and the	28909
director had not issued a written decision concerning the	28910
application prior to that date:	28911

(a) Approval of beds in a new health care facility or an	28912
increase of beds in an existing health care facility, if the beds	28913
are proposed to be licensed as nursing home beds under Chapter	28914
3721. of the Revised Code;	28915

(b) Approval of beds in a new county home or new county	28916
nursing home as defined in section 5155.31 of the Revised Code, or	28917
an increase of beds in an existing county home or existing county	28918
nursing home, if the beds are proposed to be certified as skilled	28919
nursing facility beds under Title XVIII or nursing facility beds	28920
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	28921
42 U.S.C.A. 301, as amended;	28922

(c) Recategorization of hospital beds as described in section	28923
3702.522 of the Revised Code, an increase of hospital beds	28924
registered pursuant to section 3701.07 of the Revised Code as	28925
long-term care beds or skilled nursing facility beds, or a	28926
recategorization of hospital beds that would result in an increase	28927
of beds registered pursuant to that section as long-term care beds	28928
or skilled nursing facility beds.	28929

On July 1, 1993, the director shall return each such	28930
application to the applicant and, notwithstanding section 3702.52	28931
of the Revised Code regarding the uses of the certificate of need	28932
fund, shall refund to the applicant the application fee paid under	28933
that section. Applications returned under division (B)(1) of this	28934
section may be resubmitted in accordance with section 3702.52 of	28935
the Revised Code no sooner than July 1, ~~2007~~2009.	28936

(2) The director shall continue to review and shall issue a	28937
decision regarding any application submitted prior to July 1,	28938
1993, to increase beds for either of the purposes described in	28939
division (B)(1)(a) or (b) of this section if the proposed increase	28940
in beds is attributable solely to a replacement or relocation of	28941
existing beds within the same county. The director shall authorize	28942
under such an application no additional beds beyond those being	28943
replaced or relocated.	28944

(C)(1) Except as provided in division (C)(2) of this section,	28945
the director, during the period beginning July 1, 1993, and ending	28946
June 30, ~~2007~~2009, shall not accept for review under section	28947
3702.52 of the Revised Code any application for a certificate of	28948
need for any of the purposes described in divisions (B)(1)(a) to	28949
(c) of this section.	28950

(2)(a) The director shall accept for review any application	28951
for either of the purposes described in division (B)(1)(a) or (b)	28952
of this section if the proposed increase in beds is attributable	28953
solely to a replacement or relocation of existing beds from an	28954
existing health care facility within the same county. The director	28955
shall authorize under such an application no additional beds	28956
beyond those being replaced or relocated.	28957

The director shall not approve an application for a	28958
certificate of need for addition of long-term care beds to an	28959
existing health care facility by relocation of beds or for the	28960
development of a new health care facility by relocation of beds	28961
unless all of the following conditions are met:	28962

(i) The existing health care facility to which the beds are	28963
being relocated has no waivers for life safety code ~~waivers~~	28964
deficiencies, no state fire code violations, and no state building	28965
code violations, or the project identified in the application	28966
proposes to correct all life safety code deficiencies for which a	28967
waiver has been granted, all state fire code violations, and all	28968
state building code violations at the existing health care	28969
facility to which the beds are being relocated;	28970

(ii) During the sixty-month period preceding the filing of	28971
the application, no notice of proposed revocation of the	28972
facility's license was issued under section 3721.03 of the Revised	28973
Code to the operator of the existing facility to which the beds	28974
are being relocated or to any health care facility owned or	28975
operated by the applicant or any principal participant in the same	28976
corporation or other business;	28977

(iii) Neither the existing health care facility to which the	28978
beds are being relocated nor any health care facility owned or	28979
operated by the applicant or any principal participant in the same	28980
corporation or other business has had a long-standing pattern of	28981
violations of this chapter or deficiencies that caused one or more	28982
residents physical, emotional, mental, or psychosocial harm.	28983

(b) The director also shall accept for review any application	28984
for the conversion of infirmary beds to long-term care beds if the	28985
infirmary meets all of the following conditions:	28986

(i) Is operated exclusively by a religious order;

28987

(ii) Provides care exclusively to members of religious orders	28988
who take vows of celibacy and live by virtue of their vows within	28989
the orders as if related;	28990

(iii) Was providing care exclusively to members of such a	28991
religious order on January 1, 1994.	28992

(D) The director shall issue a decision regarding any case	28993
remanded by a court as the result of a decision issued by the	28994
director prior to July 1, 1993, to grant, deny, or withdraw a	28995
certificate of need for any of the purposes described in divisions	28996
(B)(1)(a) to (c) of this section.	28997

(E) The director shall not project the need for beds listed	28998
in division (B)(1) of this section for the period beginning July	28999
1, 1993, and ending June 30, ~~2007~~2009.	29000

~~This section is an interim section effective until July 1,~~	29001
~~2007.~~	29002

~~Sec. 3702.63.~~ Sec. 3702.591. As specified in former Section 11 of	29003
Am. Sub. S.B. 50 of the 121st general assembly, as amended by Am.	29004
Sub. H.B. 405 of the 124th general assembly, all of the following	29005
apply:	29006

(A) The removal of former divisions (E) and (F) of section	29007
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	29008
50 of the 121st general assembly does not release the holders of	29009
certificates of need issued under those divisions from complying	29010
with any conditions on which the granting of the certificates of	29011
need was based, including the requirement of former division	29012
(E)(6) of that section that the holders not enter into provider	29013
agreements under Chapter 5111. of the Revised Code and Title XIX	29014
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	29015
as amended, for at least ten years following initial licensure of	29016
the long-term care facilities for which the certificates were	29017
granted.	29018

(B) The repeal of section 3702.55 of the Revised Code by	29019
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	29020
not release the holders of certificates of need issued under that	29021
section from complying with any conditions on which the granting	29022
of the certificates of need was based, other than the requirement	29023
of division (A)(6) of that section that the holders not seek	29024
certification under Title XVIII of the "Social Security Act" for	29025
beds recategorized under the certificates. That repeal also does	29026
not eliminate the requirement that the director of health revoke	29027
the licensure of the beds under Chapter 3721. of the Revised Code	29028
if a person to which their ownership is transferred fails, as	29029
required by division (A)(6) of the repealed section, to file	29030
within ten days after the transfer a sworn statement not to seek	29031
certification under Title XIX of the "Social Security Act" for	29032
beds recategorized under the certificates of need.	29033

(C) The repeal of section 3702.56 of the Revised Code by	29034
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	29035
not release the holders of certificates of need issued under that	29036
section from complying with any conditions on which the granting	29037
of the certificates of need was based.	29038

Sec. 3704.03. The director of environmental protection may	29039
do any of the following:	29040

(A) Develop programs for the prevention, control, and	29041
abatement of air pollution;	29042

(B) Advise, consult, contract, and cooperate with any	29043
governmental or private agency in the furtherance of the purposes	29044
of this chapter;	29045

(C) Encourage, participate in, or conduct studies,	29046
investigations, and research relating to air pollution, collect	29047
and disseminate information, and conduct education and training	29048
programs relating to the causes, prevention, control, and	29049
abatement of air pollution;	29050

(D) Adopt, modify, and rescind rules prescribing ambient air	29051
quality standards for the state as a whole or for various areas of	29052
the state that are consistent with and no more stringent than the	29053
national ambient air quality standards in effect under the federal	29054
Clean Air Act;	29055

(E) Adopt, modify, suspend, and rescind rules for the	29056
prevention, control, and abatement of air pollution, including	29057
rules prescribing for the state as a whole or for various areas of	29058
the state emission standards for air contaminants, and other	29059
necessary rules for the purpose of achieving and maintaining	29060
compliance with ambient air quality standards in all areas within	29061
the state as expeditiously as practicable, but not later than any	29062
deadlines applicable under the federal Clean Air Act; rules for	29063
the prevention or control of the emission of hazardous or toxic	29064
air contaminants; rules prescribing fugitive dust limitations and	29065
standards that are related, on an areawide basis, to attainment	29066
and maintenance of ambient air quality standards; rules	29067
prescribing shade, density, or opacity limitations and standards	29068
for emissions, provided that with regard to air contaminant	29069
sources for which there are particulate matter emission standards	29070
in addition to a shade, density, or opacity rule, upon	29071
demonstration by such a source of compliance with those other	29072
standards, the shade, density, or opacity rule shall provide for	29073
establishment of a shade, density, or opacity limitation for that	29074
source that does not require the source to reduce emissions below	29075
the level specified by those other standards; rules for the	29076
prevention or control of odors and air pollution nuisances; rules	29077
that prevent significant deterioration of air quality to the	29078
extent required by the federal Clean Air Act; rules for the	29079
protection of visibility as required by the federal Clean Air Act;	29080
and rules prescribing open burning limitations and standards. In	29081
adopting, modifying, suspending, or rescinding any such rules, the	29082
director, to the extent consistent with the federal Clean Air Act,	29083
shall hear and give consideration to evidence relating to all of	29084
the following:	29085

(1) Conditions calculated to result from compliance with the	29086
rules, the overall cost within this state of compliance with the	29087
rules, and their relation to benefits to the people of the state	29088
to be derived from that compliance;	29089

(2) The quantity and characteristics of air contaminants, the	29090
frequency and duration of their presence in the ambient air, and	29091
the dispersion and dilution of those contaminants;	29092

(3) Topography, prevailing wind directions and velocities,	29093
physical conditions, and other factors that may or may combine to	29094
affect air pollution.	29095

Consistent with division (K) of section 3704.036 of the	29096
Revised Code, the director shall consider alternative emission	29097
limits proposed by the owner or operator of an air contaminant	29098
source that is subject to an emission limit established in rules	29099
adopted under this division and shall accept those alternative	29100
emission limits that the director determines to be equivalent to	29101
emission limits established in rules adopted under this division.	29102

(F)(1) Adopt, modify, suspend, and rescind rules consistent	29103
with the purposes of this chapter prohibiting the location,	29104
installation, construction, or modification of any air contaminant	29105
source or any machine, equipment, device, apparatus, or physical	29106
facility intended primarily to prevent or control the emission of	29107
air contaminants unless an installation permit therefor has been	29108
obtained from the director or the director's authorized	29109
representative.	29110

(2) Applications for installation permits shall be	29111
accompanied by plans, specifications, construction schedules, and	29112
such other pertinent information and data, including data on	29113
ambient air quality impact and a demonstration of best available	29114
technology, as the director may require. Installation permits	29115
shall be issued for a period specified by the director and are	29116
transferable. The director shall specify in each permit the	29117
applicable emission standards and that the permit is conditioned	29118
upon payment of the applicable fees as required by section 3745.11	29119
of the Revised Code and upon the right of the director's	29120
authorized representatives to enter upon the premises of the	29121
person to whom the permit has been issued, at any reasonable time	29122
and subject to safety requirements of the person in control of the	29123
premises, for the purpose of determining compliance with such	29124
standards, this chapter, the rules adopted thereunder, and the	29125
conditions of any permit, variance, or order issued thereunder.	29126
Each proposed new or modified air contaminant source shall provide	29127
such notice of its proposed installation or modification to other	29128
states as is required under the federal Clean Air Act.	29129
Installation permits shall include the authorization to operate	29130
sources installed and operated in accordance with terms and	29131
conditions of the installation permits for a period not to exceed	29132
one year from commencement of operation, which authorization shall	29133
constitute an operating permit under division (G) of this section	29134
and rules adopted under it.	29135

No installation permit shall be required for activities that	29136
are subject to and in compliance with a plant-wide applicability	29137
limit issued by the director in accordance with rules adopted	29138
under this section.	29139

No installation permit shall be issued except in accordance	29140
with all requirements of this chapter and rules adopted	29141
thereunder. No application shall be denied or permit revoked or	29142
modified without a written order stating the findings upon which	29143
denial, revocation, or modification is based. A copy of the order	29144
shall be sent to the applicant or permit holder by certified mail.	29145

(3) Not later than two years after ~~the effective date of this~~	29146
~~amendment~~August 3, 2006, the director shall adopt a rule in	29147
accordance with Chapter 119. of the Revised Code specifying that a	29148
permit to install is required only for new or modified air	29149
contaminant sources that emit any of the following air	29150
contaminants:	29151

(a) An air contaminant or precursor of an air contaminant for	29152
which a national ambient air quality standard has been adopted	29153
under the federal Clean Air Act;	29154

(b) An air contaminant for which the air contaminant source	29155
is regulated under the federal Clean Air Act;	29156

(c) An air contaminant that presents, or may present, through	29157
inhalation or other routes of exposure, a threat of adverse human	29158
health effects, including, but not limited to, substances that are	29159
known to be, or may reasonably be anticipated to be, carcinogenic,	29160
mutagenic, teratogenic, or neurotoxic, that cause reproductive	29161
dysfunction, or that are acutely or chronically toxic, or a threat	29162
of adverse environmental effects whether through ambient	29163
concentrations, bioaccumulation, deposition, or otherwise, and	29164
that is identified in the rule by chemical name and chemical	29165
abstract service number.	29166

The director may modify the rule adopted under division	29167
(F)(3)(c) of this section for the purpose of adding or deleting	29168
air contaminants. For each air contaminant that is contained in or	29169
deleted from the rule adopted under division (F)(3)(c) of this	29170
section, the director shall include in a notice accompanying any	29171
proposed or final rule an explanation of the director's	29172
determination that the air contaminant meets the criteria	29173
established in that division and should be added to, or no longer	29174
meets the criteria and should be deleted from, the list of air	29175
contaminants. The explanation shall include an identification of	29176
the scientific evidence on which the director relied in making the	29177
determination. Until adoption of the rule under division (F)(3)(c)	29178
of this section, nothing shall affect the director's authority to	29179
issue, deny, modify, or revoke permits to install under this	29180
chapter and rules adopted under it.	29181

(4)(a) Applications for permits to install new or modified	29182
air contaminant sources shall contain sufficient information	29183
regarding air contaminants for which the director may require a	29184
permit to install to determine conformity with the environmental	29185
protection agency's document entitled "Review of New Sources of	29186
Air Toxics Emissions, Option A," dated May 1986, which the	29187
director shall use to evaluate toxic emissions from new or	29188
modified air contaminant sources. The director shall make copies	29189
of the document available to the public upon request at no cost	29190
and post the document on the environmental protection agency's web	29191
site. Any inconsistency between the document and division (F)(4)	29192
of this section shall be resolved in favor of division (F)(4) of	29193
this section.	29194

(b) The maximum acceptable ground level concentration of an	29195
air contaminant shall be calculated in accordance with the	29196
document entitled "Review of New Sources of Air Toxics Emissions,	29197
Option A." Modeling shall be conducted to determine the increase	29198
in the ground level concentration of an air contaminant beyond the	29199
facility's boundary caused by the emissions from a new or modified	29200
source that is the subject of an application for a permit to	29201
install. Modeling shall be based on the maximum hourly rate of	29202
emissions from the source using information including, but not	29203
limited to, any emission control devices or methods, operational	29204
restrictions, stack parameters, and emission dispersion devices or	29205
methods that may affect ground level concentrations, either	29206
individually or in combination. The director shall determine	29207
whether the activities for which a permit to install is sought	29208
will cause an increase in the ground level concentration of one or	29209
more relevant air contaminants beyond the facility's boundary by	29210
an amount in excess of the maximum acceptable ground level	29211
concentration. In making the determination as to whether the	29212
maximum acceptable ground level concentration will be exceeded,	29213
the director shall give consideration to the modeling conducted	29214
under division (F)(4)(b) of this section and other relevant	29215
information submitted by the applicant.	29216

(c) If the modeling conducted under division (F)(4)(b) of	29217
this section with respect to an application for a permit to	29218
install demonstrates that the maximum ground level concentration	29219
from a new or modified source will be greater than or equal to	29220
eighty per cent, but less than one hundred per cent of the maximum	29221
acceptable ground level concentration for an air contaminant, the	29222
director may establish terms and conditions in the permit to	29223
install for the air contaminant source that will require the owner	29224
or operator of the air contaminant source to maintain emissions of	29225
that air contaminant commensurate with the modeled level, which	29226
shall be expressed as allowable emissions per day. In order to	29227
calculate the allowable emissions per day, the director shall	29228
multiply the hourly emission rate modeled under division (F)(4)(b)	29229
of this section to determine the ground level concentration by the	29230
operating schedule that has been identified in the permit to	29231
install application. Terms and conditions imposed under division	29232
(F)(4)(c) of this section are not federally enforceable	29233
requirements and, if included in a Title V permit, shall be placed	29234
in the portion of the permit that is only enforceable by the	29235
state.	29236

(d) If the modeling conducted under division (F)(4)(b) of	29237
this section with respect to an application for a permit to	29238
install demonstrates that the maximum ground level concentration	29239
from a new or modified source will be less than eighty per cent of	29240
the maximum acceptable ground level concentration, the owner or	29241
operator of the source annually shall report to the director, on a	29242
form prescribed by the director, whether operations of the source	29243
are consistent with the information regarding the operations that	29244
was used to conduct the modeling with regard to the permit to	29245
install application. The annual report to the director shall be in	29246
lieu of an emission limit or other permit terms and conditions	29247
imposed pursuant to division (F)(4) of this section. The director	29248
may consider any significant departure from the operations of the	29249
source described in the permit to install application that results	29250
in greater emissions than the emissions rate modeled to determine	29251
the ground level concentration as a modification and require the	29252
owner or operator to submit a permit to install application for	29253
the increased emissions. The requirements established in division	29254
(F)(4)(d) of this section are not federally enforceable	29255
requirements and, if included in a Title V permit, shall be placed	29256
in the portion of the permit that is only enforceable by the	29257
state.	29258

(e) Division (F)(4) of this section and the document entitled	29259
"Review of New Sources of Air Toxics Emissions, Option A" shall	29260
not be included in the state implementation plan under section 110	29261
of the federal Clean Air Act and do not apply to an air	29262
contaminant source that is subject to a maximum achievable control	29263
technology standard or residual risk standard under section 112 of	29264
the federal Clean Air Act, to a particular air contaminant	29265
identified under 40 C.F.R. 51.166, division (b)(23), for which the	29266
director has determined that the owner or operator of the source	29267
is required to install best available control technology for that	29268
particular air contaminant, or to a particular air contaminant for	29269
which the director has determined that the source is required to	29270
meet the lowest achievable emission rate, as defined in 40 C.F.R.	29271
part 51, Appendix S, for that particular air contaminant.	29272

(f)(i) Division (F)(4) of this section and the document	29273
entitled "Review of New Sources of Air Toxics Emissions, Option A"	29274
do not apply to parking lots, storage piles, storage tanks,	29275
transfer operations, grain silos, grain dryers, emergency	29276
generators, gasoline dispensing operations, air contaminant	29277
sources that emit air contaminants solely from the combustion of	29278
fossil fuels, or the emission of wood dust, sand, glass dust, coal	29279
dust, silica, and grain dust.	29280

(ii) Notwithstanding division (F)(4)(f)(i) of this section,	29281
the director may require an individual air contaminant source that	29282
is within one of the source categories identified in division	29283
(F)(4)(f)(i) of this section to submit information in an	29284
application for a permit to install a new or modified source in	29285
order to determine the source's conformity to the document if the	29286
director has information to conclude that the particular new or	29287
modified source will potentially cause an increase in ground level	29288
concentration beyond the facility's boundary that exceeds the	29289
maximum acceptable ground level concentration as set forth in the	29290
document.	29291

(iii) The director may adopt rules in accordance with Chapter	29292
119. of the Revised Code that are consistent with the purposes of	29293
this chapter and that add to or delete from the source category	29294
exemptions established in division (F)(4)(f)(i) of this section.	29295

(5) Not later than one year after ~~the effective date of this~~	29296
~~amendment~~August 3, 2006, the director shall adopt rules in	29297
accordance with Chapter 119. of the Revised Code specifying	29298
activities that do not, by themselves, constitute beginning actual	29299
construction activities related to the installation or	29300
modification of an air contaminant source for which a permit to	29301
install is required such as the grading and clearing of land,	29302
on-site storage of portable parts and equipment, and the	29303
construction of foundations or buildings that do not themselves	29304
emit air contaminants. The rules also shall allow specified	29305
initial activities that are part of the installation or	29306
modification of an air contaminant source, such as the	29307
installation of electrical and other utilities for the source,	29308
prior to issuance of a permit to install, provided that the owner	29309
or operator of the source has filed a complete application for a	29310
permit to install, the director or the director's designee has	29311
determined that the application is complete, and the owner or	29312
operator of the source has notified the director that this	29313
activity will be undertaken prior to the issuance of a permit to	29314
install. Any activity that is undertaken by the source under those	29315
rules shall be at the risk of the owner or operator. The rules	29316
shall not apply to activities that are precluded prior to permit	29317
issuance under section 111, section 112, Part C of Title I, and	29318
Part D of Title I of the federal Clean Air Act.	29319

(G) Adopt, modify, suspend, and rescind rules prohibiting the	29320
operation or other use of any new, modified, or existing air	29321
contaminant source unless an operating permit has been obtained	29322
from the director or the director's authorized representative, or	29323
the air contaminant source is being operated in compliance with	29324
the conditions of a variance issued pursuant to division (H) of	29325
this section. Applications for operating permits shall be	29326
accompanied by such plans, specifications, and other pertinent	29327
information as the director may require. Operating permits may be	29328
issued for a period determined by the director not to exceed ~~five~~	29329
ten years, are renewable, and are transferable. The director shall	29330
specify in each operating permit that the permit is conditioned	29331
upon payment of the applicable fees as required by section 3745.11	29332
of the Revised Code and upon the right of the director's	29333
authorized representatives to enter upon the premises of the	29334
person to whom the permit has been issued, at any reasonable time	29335
and subject to safety requirements of the person in control of the	29336
premises, for the purpose of determining compliance with this	29337
chapter, the rules adopted thereunder, and the conditions of any	29338
permit, variance, or order issued thereunder. Operating permits	29339
may be denied or revoked for failure to comply with this chapter	29340
or the rules adopted thereunder. An operating permit shall be	29341
issued only upon a showing satisfactory to the director or the	29342
director's representative that the air contaminant source is being	29343
operated in compliance with applicable emission standards and	29344
other rules or upon submission of a schedule of compliance	29345
satisfactory to the director for a source that is not in	29346
compliance with all applicable requirements at the time of permit	29347
issuance, provided that the compliance schedule shall be	29348
consistent with and at least as stringent as that contained in any	29349
judicial consent decree or administrative order to which the air	29350
contaminant source is subject. The rules shall provide for the	29351
issuance of conditional operating permits for such reasonable	29352
periods as the director may determine to allow the holder of an	29353
installation permit, who has constructed, installed, located, or	29354
modified a new air contaminant source in accordance with the	29355
provisions of an installation permit, to make adjustments or	29356
modifications necessary to enable the new air contaminant source	29357
to comply with applicable emission standards and other rules.	29358
Terms and conditions of operating permits issued pursuant to this	29359
division shall be federally enforceable for the purpose of	29360
establishing the potential to emit of a stationary source and	29361
shall be expressly designated as federally enforceable. Any such	29362
federally enforceable restrictions on a source's potential to emit	29363
shall include both an annual limit and a short-term limit of not	29364
more than thirty days for each pollutant to be restricted together	29365
with adequate methods for establishing compliance with the	29366
restrictions. In other respects, operating permits issued pursuant	29367
to this division are enforceable as state law only. No application	29368
shall be denied or permit revoked or modified without a written	29369
order stating the findings upon which denial, revocation, or	29370
modification is based. A copy of the order shall be sent to the	29371
applicant or permit holder by certified mail.	29372

(H) Adopt, modify, and rescind rules governing the issuance,	29373
revocation, modification, or denial of variances that authorize	29374
emissions in excess of the applicable emission standards.	29375

No variance shall be issued except pursuant to those rules.	29376
The rules shall prescribe conditions and criteria in furtherance	29377
of the purposes of this chapter and consistent with the federal	29378
Clean Air Act governing eligibility for issuance of variances,	29379
which shall include all of the following:	29380

(1) Provisions requiring consistency of emissions authorized	29381
by a variance with timely attainment and maintenance of ambient	29382
air quality standards;	29383

(2) Provisions prescribing the classes and categories of air	29384
contaminants and air contaminant sources for which variances may	29385
be issued;	29386

(3) Provisions defining the circumstances under which an	29387
applicant shall demonstrate that compliance with applicable	29388
emission standards is technically infeasible, economically	29389
unreasonable, or impossible because of conditions beyond the	29390
control of the applicant;	29391

(4) Other provisions prescribed in furtherance of the goals	29392
of this chapter.	29393

The rules shall prohibit the issuance of variances from any	29394
emission limitation that was applicable to a source pursuant to an	29395
installation permit and shall prohibit issuance of variances that	29396
conflict with the federal Clean Air Act.	29397

Applications for variances shall be accompanied by such	29398
information as the director may require. In issuing variances, the	29399
director may order the person to whom a variance is issued to	29400
furnish plans and specifications and such other information and	29401
data, including interim reports, as the director may require and	29402
to proceed to take such action within such time as the director	29403
may determine to be appropriate and reasonable to prevent,	29404
control, or abate the person's existing emissions of air	29405
contaminants. The director shall specify in each variance that the	29406
variance is conditioned upon payment of the applicable fees as	29407
required by section 3745.11 of the Revised Code and upon the right	29408
of the director's authorized representatives to enter upon the	29409
premises of the person to whom the variance has been issued, at	29410
any reasonable time and subject to safety requirements of the	29411
person in control of the premises, for the purpose of determining	29412
compliance with this chapter, the rules adopted thereunder, and	29413
the conditions of any permit, variance, or order issued	29414
thereunder.	29415

The director may hold a public hearing on an application for	29416
a variance or renewal thereof at a location in the county where	29417
the variance is sought. The director shall give not less than	29418
twenty days' notice of the hearing to the applicant by certified	29419
mail and cause at least one publication of notice in a newspaper	29420
with general circulation in the county where the variance is	29421
sought. The director shall keep available for public inspection at	29422
the principal office of the environmental protection agency a	29423
current schedule of pending applications for variances and a	29424
current schedule of pending variance hearings. The director shall	29425
make a complete stenographic record of testimony and other	29426
evidence submitted at the hearing. The director shall make a	29427
written determination to issue, renew, or deny the variance and	29428
shall enter the determination and the basis therefor into the	29429
record of the hearing. The director shall issue, renew, or deny an	29430
application for a variance or renewal thereof, or issue a proposed	29431
action upon the application pursuant to section 3745.07 of the	29432
Revised Code, within six months of the date upon which the	29433
director receives a complete application with all pertinent	29434
information and data required by the director.	29435

Any variance granted pursuant to rules adopted under this	29436
division shall be for a period specified by the director, not to	29437
exceed three years, and may be renewed from time to time on such	29438
terms and for such periods, not to exceed three years each, as the	29439
director determines to be appropriate. A variance may be revoked,	29440
or renewal denied, for failure to comply with conditions specified	29441
in the variance. No variance shall be issued, denied, revoked, or	29442
modified without a written order stating the findings upon which	29443
the issuance, denial, revocation, or modification is based. A copy	29444
of the order shall be sent to the applicant or variance holder by	29445
certified mail.	29446

(I) Require the owner or operator of an air contaminant	29447
source to install, employ, maintain, and operate such emissions,	29448
ambient air quality, meteorological, or other monitoring devices	29449
or methods as the director shall prescribe; to sample those	29450
emissions at such locations, at such intervals, and in such manner	29451
as the director prescribes; to maintain records and file periodic	29452
reports with the director containing information as to location,	29453
size, and height of emission outlets, rate, duration, and	29454
composition of emissions, and any other pertinent information the	29455
director prescribes; and to provide such written notice to other	29456
states as the director shall prescribe. In requiring monitoring	29457
devices, records, and reports, the director, to the extent	29458
consistent with the federal Clean Air Act, shall give	29459
consideration to technical feasibility and economic reasonableness	29460
and allow reasonable time for compliance. For sources where a	29461
specific monitoring, record-keeping, or reporting requirement is	29462
specified for a particular air contaminant from a particular air	29463
contaminant source in an applicable regulation adopted by the	29464
United States environmental protection agency under the federal	29465
Clean Air Act or in an applicable rule adopted by the director,	29466
the director shall not impose an additional requirement in a	29467
permit that is a different monitoring, record-keeping, or	29468
reporting requirement other than the requirement specified in the	29469
applicable regulation or rule for that air contaminant except as	29470
otherwise agreed to by the owner or operator of the air	29471
contaminant source and the director. If two or more regulations or	29472
rules impose different monitoring, record-keeping, or reporting	29473
requirements for the same air contaminant from the same air	29474
contaminant source, the director may impose permit terms and	29475
conditions that consolidate or streamline the monitoring,	29476
record-keeping, or reporting requirements in a manner that	29477
conforms with each applicable requirement. To the extent	29478
consistent with the federal Clean Air Act and except as otherwise	29479
agreed to by the owner or operator of an air contaminant source	29480
and the director, the director shall not require an operating	29481
restriction that has the practical effect of increasing the	29482
stringency of an existing applicable emission limitation or	29483
standard.	29484

(J) Establish, operate, and maintain monitoring stations and	29485
other devices designed to measure air pollution and enter into	29486
contracts with any public or private agency for the establishment,	29487
operation, or maintenance of such stations and devices;	29488

(K) By rule adopt procedures for giving reasonable public	29489
notice and conducting public hearings on any plans for the	29490
prevention, control, and abatement of air pollution that the	29491
director is required to submit to the federal government;	29492

(L) Through any employee, agent, or authorized representative	29493
of the director or the environmental protection agency, enter upon	29494
private or public property, including improvements thereon, at any	29495
reasonable time, to make inspections, take samples, conduct tests,	29496
and examine records or reports pertaining to any emission of air	29497
contaminants and any monitoring equipment or methods and to	29498
determine if there are any actual or potential emissions from such	29499
premises and, if so, to determine the sources, amounts, contents,	29500
and extent of those emissions, or to ascertain whether there is	29501
compliance with this chapter, any orders issued or rules adopted	29502
thereunder, or any other determination of the director. The	29503
director, at reasonable times, may have access to and copy any	29504
such records. If entry or inspection authorized by this division	29505
is refused, hindered, or thwarted, the director or the director's	29506
authorized representative may by affidavit apply for, and any	29507
judge of a court of record may issue, an appropriate inspection	29508
warrant necessary to achieve the purposes of this chapter within	29509
the court's territorial jurisdiction.	29510

(M) Accept and administer gifts or grants from the federal	29511
government and from any other source, public or private, for	29512
carrying out any of the functions under this chapter;	29513

(N) Obtain necessary scientific, technical, and laboratory	29514
services;	29515

(O) Establish advisory boards in accordance with section	29516
121.13 of the Revised Code;	29517

(P) Delegate to any city or general health district or	29518
political subdivision of the state any of the director's	29519
enforcement and monitoring powers and duties, other than	29520
rule-making powers, as the director elects to delegate, and in	29521
addition employ, compensate, and prescribe the powers and duties	29522
of such officers, employees, and consultants as are necessary to	29523
enable the director to exercise the authority and perform duties	29524
imposed upon the director by law. Technical and other services	29525
shall be performed, insofar as practical, by personnel of the	29526
environmental protection agency.	29527

(Q) Certify to the government of the United States or any	29528
agency thereof that an industrial air pollution facility is in	29529
conformity with the state program or requirements for control of	29530
air pollution whenever such certificate is required for a taxpayer	29531
pursuant to any federal law or requirements;	29532

(R) Issue, modify, or revoke orders requiring abatement of or	29533
prohibiting emissions that violate applicable emission standards	29534
or other requirements of this chapter and rules adopted	29535
thereunder, or requiring emission control devices or measures in	29536
order to comply with applicable emission standards or other	29537
requirements of this chapter and rules adopted thereunder. Any	29538
such order shall require compliance with applicable emission	29539
standards by a specified date and shall not conflict with any	29540
requirement of the federal Clean Air Act. In the making of such	29541
orders, the director, to the extent consistent with the federal	29542
Clean Air Act, shall give consideration to, and base the	29543
determination on, evidence relating to the technical feasibility	29544
and economic reasonableness of compliance with such orders and	29545
their relation to benefits to the people of the state to be	29546
derived from such compliance. If, under the federal Clean Air Act,	29547
any such order shall provide for the posting of a bond or surety	29548
to secure compliance with the order as a condition of issuance of	29549
the order, the order shall so provide, but only to the extent	29550
required by the federal Clean Air Act.	29551

(S) To the extent provided by the federal Clean Air Act,	29552
adopt, modify, and rescind rules providing for the administrative	29553
assessment and collection of monetary penalties, not in excess of	29554
those required pursuant to the federal Clean Air Act, for failure	29555
to comply with any emission limitation or standard, compliance	29556
schedule, or other requirement of any rule, order, permit, or	29557
variance issued or adopted under this chapter or required under	29558
the applicable implementation plan whether or not the source is	29559
subject to a federal or state consent decree. The director may	29560
require the submission of compliance schedules, calculations of	29561
penalties for noncompliance, and related information. Any orders,	29562
payments, sanctions, or other requirements imposed pursuant to	29563
rules adopted under this division shall be in addition to any	29564
other permits, orders, payments, sanctions, or other requirements	29565
established under this chapter and shall not affect any civil or	29566
criminal enforcement proceedings brought under any provision of	29567
this chapter or any other provision of state or local law. This	29568
division does not apply to any requirement of this chapter	29569
regarding the prevention or abatement of odors.	29570

(T) Require new or modified air contaminant sources to	29571
install best available technology, but only in accordance with	29572
this division. With respect to permits issued pursuant to division	29573
(F) of this section beginning three years after ~~the effective date~~	29574
~~of this amendment~~August 3, 2006, best available technology for	29575
air contaminant sources and air contaminants emitted by those	29576
sources that are subject to standards adopted under section 112,	29577
Part C of Title I, and Part D of Title I of the federal Clean Air	29578
Act shall be equivalent to and no more stringent than those	29579
standards. For an air contaminant or precursor of an air	29580
contaminant for which a national ambient air quality standard has	29581
been adopted under the federal Clean Air Act, best available	29582
technology only shall be required to the extent required by rules	29583
adopted under Chapter 119. of the Revised Code for permit to	29584
install applications filed three or more years after ~~the effective~~	29585
~~date of this amendment~~August 3, 2006.	29586

Best available technology requirements established in rules	29587
adopted under this division shall be expressed only in one of the	29588
following ways that is most appropriate for the applicable source	29589
or source categories:	29590

(1) Work practices;

29591

(2) Source design characteristics or design efficiency of	29592
applicable air contaminant control devices;	29593

(3) Raw material specifications or throughput limitations	29594
averaged over a twelve-month rolling period;	29595

(4) Monthly allowable emissions averaged over a twelve-month	29596
rolling period.	29597

Best available technology requirements shall not apply to an	29598
air contaminant source that has the potential to emit, taking into	29599
account air pollution controls installed on the source, less than	29600
ten tons per year of emissions of an air contaminant or precursor	29601
of an air contaminant for which a national ambient air quality	29602
standard has been adopted under the federal Clean Air Act. In	29603
addition, best available technology requirements established in	29604
rules adopted under this division shall not apply to any existing,	29605
new, or modified air contaminant source that is subject to a	29606
plant-wide applicability limit that has been approved by the	29607
director. Further, best available technology requirements	29608
established in rules adopted under this division shall not apply	29609
to general permits issued prior to January 1, 2006, under rules	29610
adopted under this chapter.	29611

For permits to install issued three or more years after ~~the~~	29612
~~effective date of this amendment~~August 3, 2006, any new or	29613
modified air contaminant source that has the potential to emit,	29614
taking into account air pollution controls installed on the	29615
source, ten or more tons per year of volatile organic compounds or	29616
nitrogen oxides shall meet, at a minimum, the requirements of any	29617
applicable reasonably available control technology rule in effect	29618
as of January 1, 2006, regardless of the location of the source.	29619

(U) Consistent with section 507 of the federal Clean Air Act,	29620
adopt, modify, suspend, and rescind rules for the establishment of	29621
a small business stationary source technical and environmental	29622
compliance assistance program as provided in section 3704.18 of	29623
the Revised Code;	29624

(V) Provide for emissions trading, marketable permits,	29625
auctions of emission rights, and economic incentives that would	29626
reduce the cost or increase the efficiency of achieving a	29627
specified level of environmental protection;	29628

(W) Provide for the construction of an air contaminant source	29629
prior to obtaining a permit to install pursuant to division (F) of	29630
this section if the applicant demonstrates that the source will be	29631
installed to comply with all applicable emission limits and will	29632
not adversely affect public health or safety or the environment	29633
and if the director determines that such an action will avoid an	29634
unreasonable hardship on the owner or operator of the source. Any	29635
such determination shall be consistent with the federal Clean Air	29636
Act.	29637

(X) Exercise all incidental powers, including adoption of	29638
rules, required to carry out this chapter.	29639

The environmental protection agency shall develop a plan to	29640
control air pollution resulting from state-operated facilities and	29641
property.	29642

Sec. 3704.14. (A) The director of environmental protection	29643
shall continue to implement an enhanced motor vehicle inspection	29644
and maintenance program for a period of two years beginning on	29645
January 1, ~~2006~~2008, and ending on December 31, ~~2007~~2009, in	29646
counties in which a motor vehicle inspection and maintenance	29647
program is federally mandated. The program shall be substantially	29648
similar to the enhanced program implemented in those counties	29649
under a contract that is scheduled to expire on December 31, ~~2005~~	29650
2007. The program, at a minimum, shall do all of the following:	29651

(1) Comply with the federal Clean Air Act;

29652

(2) Provide for the extension of a contract for a period of	29653
two years, beginning on January 1, ~~2006~~2008, and ending on	29654
December 31, ~~2007~~2009, with the contractor who conducted the	29655
enhanced motor vehicle inspection and maintenance program in those	29656
~~federally mandated~~ counties where the program was in operation on	29657
January 3, 2006, pursuant to a contract entered into ~~under former~~	29658
~~section 3704.14 of the Revised Code as that section existed prior~~	29659
~~to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th~~	29660
~~General Assembly~~with the state;	29661

(3) Provide for the issuance of inspection certificates;

29662

(4) Provide for a new car exemption for motor vehicles four	29663
years old or newer and provide that a new motor vehicle is exempt	29664
for four years regardless of whether legal title to the motor	29665
vehicle is transferred during that period.	29666

(B) ~~The director shall not implement a motor vehicle~~	29667
~~inspection and maintenance program in any county other than a~~	29668
~~county in which a motor vehicle inspection and maintenance program~~	29669
~~is federally mandated.~~	29670

~~(C)~~ The director shall adopt rules in accordance with Chapter	29671
119. of the Revised Code that the director determines are	29672
necessary to implement this section. The director may continue to	29673
implement and enforce rules pertaining to the enhanced motor	29674
vehicle inspection and maintenance program previously implemented	29675
under former section 3704.14 of the Revised Code as that section	29676
existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of	29677
the 126th general assembly, provided that the rules do not	29678
conflict with this section.	29679

~~(D)~~(C) There is hereby created in the state treasury the	29680
motor vehicle inspection and maintenance fund, which shall consist	29681
of money received by the director from any fees for inspections	29682
that are established in rules adopted under this section. The	29683
director shall use money in the fund solely for the	29684
implementation, supervision, administration, operation, and	29685
enforcement of the enhanced motor vehicle inspection and	29686
maintenance program established under this section.	29687

~~(E)~~(D) The enhanced motor vehicle inspection and maintenance	29688
program established under this section expires on December 31,	29689
~~2007~~2009, and shall not be continued beyond that date unless	29690
otherwise federally mandated.	29691

(E) Notwithstanding divisions (A) to (D) of this section, the	29692
director shall not implement an enhanced motor vehicle inspection	29693
and maintenance program and no such program shall be operated in	29694
an area of the state where such a program was not in operation on	29695
January 3, 2006, pursuant to a contract entered into by this state	29696
unless both of following apply:	29697

(1) The program is required in the approved state	29698
implementation plan; and	29699

(2) After January 3, 2006, the United States environmental	29700
protection agency has expressly notified the director in writing	29701
that the failure to operate the program in a specific area will	29702
result in the imposition of sanctions under the federal Clean Air	29703
Act.	29704

Sec. 3705.24. (A)(1) The public health council shall, in	29705
accordance with section 111.15 of the Revised Code, adopt rules	29706
prescribing fees for the following services provided by the state	29707
office of vital statistics:	29708

(a) Except as provided in division (A)(4) of this section:

29709

(i) A certified copy of a vital record or a certification of	29710
birth;	29711

(ii) A search by the office of vital statistics of its files	29712
and records pursuant to a request for information, regardless of	29713
whether a copy of a record is provided;	29714

(iii) A copy of a record provided pursuant to a request;

29715

(b) Replacement of a birth certificate following an adoption,	29716
legitimation, paternity determination or acknowledgement, or court	29717
order;	29718

29719

(d) Amendment of a vital record that is requested later than	29720
one year after the filing date of the vital record;	29721

(e) Any other documents or services for which the public	29722
health council considers the charging of a fee appropriate.	29723

(2) Fees prescribed under division (A)(1)(a) of this section	29724
shall not be less than seven dollars.	29725

(3) Fees prescribed under division (A)(1) of this section	29726
shall be collected in addition to any fees required by sections	29727
3109.14 and 3705.242 of the Revised Code.	29728

(4) Fees prescribed under division (A) of this section shall	29729
not apply to certifications issued under division (H) of this	29730
section or copies provided under section 3705.241 of the Revised	29731
Code.	29732

(B) In addition to the fees prescribed under division (A) of	29733
this section or section 3709.09 of the Revised Code, the office of	29734
vital statistics or the board of health of a city or general	29735
health district shall charge a five-dollar fee for each certified	29736
copy of a vital record and each certification of birth. This fee	29737
shall be deposited in the general operations fund created under	29738
section 3701.83 of the Revised Code and be used ~~solely toward~~to	29739
support the operations, the modernization, and the automation of	29740
the ~~system of~~ vital records program in this state. A board of	29741
health shall forward all fees collected under this division to the	29742
department of health not later than thirty days after the end of	29743
each calendar quarter.	29744

(C) Except as otherwise provided in division (H) of this	29745
section, and except as provided in section 3705.241 of the Revised	29746
Code, fees collected by the director of health under sections	29747
3705.01 to 3705.29 of the Revised Code shall be paid into the	29748
state treasury to the credit of the general operations fund	29749
created by section 3701.83 of the Revised Code. Except as	29750
provided in division (B) of this section, money generated by the	29751
fees shall be used only for administration and enforcement of this	29752
chapter and the rules adopted under it. Amounts submitted to the	29753
department of health for copies of vital records or services in	29754
excess of the fees imposed by this section shall be dealt with as	29755
follows:	29756

(1) An overpayment of two dollars or less shall be retained	29757
by the department and deposited in the state treasury to the	29758
credit of the general operations fund created by section 3701.83	29759
of the Revised Code.	29760

(2) An overpayment in excess of two dollars shall be returned	29761
to the person who made the overpayment.	29762

(D) If a local registrar is a salaried employee of a city or	29763
a general health district, any fees the local registrar receives	29764
pursuant to section 3705.23 of the Revised Code shall be paid into	29765
the general fund of the city or the health fund of the general	29766
health district.	29767

Each local registrar of vital statistics, or each health	29768
district where the local registrar is a salaried employee of the	29769
district, shall be entitled to a fee for each birth, fetal death,	29770
death, or military service certificate properly and completely	29771
made out and registered with the local registrar or district and	29772
correctly copied and forwarded to the office of vital statistics	29773
in accordance with the population of the primary registration	29774
district at the last federal census. The fee for each birth, fetal	29775
death, death, or military service certificate shall be:	29776

(1) In primary registration districts of over two hundred	29777
fifty thousand, twenty cents;	29778

(2) In primary registration districts of over one hundred	29779
twenty-five thousand and less than two hundred fifty thousand,	29780
sixty cents;	29781

(3) In primary registration districts of over fifty thousand	29782
and less than one hundred twenty-five thousand, eighty cents;	29783

(4) In primary registration districts of less than fifty	29784
thousand, one dollar.	29785

(E) The director of health shall annually certify to the	29786
county treasurers of the several counties the number of birth,	29787
fetal death, death, and military service certificates registered	29788
from their respective counties with the names of the local	29789
registrars and the amounts due each registrar and health district	29790
at the rates fixed in this section. Such amounts shall be paid by	29791
the treasurer of the county in which the registration districts	29792
are located. No fees shall be charged or collected by registrars	29793
except as provided by this chapter and section 3109.14 of the	29794
Revised Code.	29795

(F) A probate judge shall be paid a fee of fifteen cents for	29796
each certified abstract of marriage prepared and forwarded by the	29797
probate judge to the department of health pursuant to section	29798
3705.21 of the Revised Code. The fee shall be in addition to the	29799
fee paid for a marriage license and shall be paid by the	29800
applicants for the license.	29801

(G) The clerk of a court of common pleas shall be paid a fee	29802
of one dollar for each certificate of divorce, dissolution, and	29803
annulment of marriage prepared and forwarded by the clerk to the	29804
department pursuant to section 3705.21 of the Revised Code. The	29805
fee for the certified abstract of divorce, dissolution, or	29806
annulment of marriage shall be added to the court costs allowed in	29807
these cases.	29808

(H) The fee for an heirloom certification of birth issued	29809
pursuant to division (B)(2) of section 3705.23 of the Revised Code	29810
shall be an amount prescribed by rule by the director of health	29811
plus any fee required by section 3109.14 of the Revised Code. In	29812
setting the amount of the fee, the director shall establish a	29813
surcharge in addition to an amount necessary to offset the expense	29814
of processing heirloom certifications of birth. The fee prescribed	29815
by the director of health pursuant to this division shall be	29816
deposited into the state treasury to the credit of the heirloom	29817
certification of birth fund which is hereby created. Money	29818
credited to the fund shall be used by the office of vital	29819
statistics to offset the expense of processing heirloom	29820
certifications of birth. However, the money collected for the	29821
surcharge, subject to the approval of the controlling board, shall	29822
be used for the purposes specified by the family and children	29823
first council pursuant to section 121.37 of the Revised Code.	29824

Sec. 3709.09. (A) The board of health of a city or general	29825
health district may, by rule, establish a uniform system of fees	29826
to pay the costs of any services provided by the board.	29827

The fee for issuance of a certified copy of a vital record or	29828
a certification of birth shall not be less than the fee prescribed	29829
for the same service under division (A)(1) of section 3705.24 of	29830
the Revised Code and shall include the fees required by division	29831
(B) of section 3705.24 and section 3109.14 of the Revised Code.	29832

Fees for services provided by the board for purposes	29833
specified in sections 3701.344, 3711.05, ~~3718.06,~~ 3729.07,	29834
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall	29835
be established in accordance with rules adopted under division (B)	29836
of this section. The district advisory council, in the case of a	29837
general health district, and the legislative authority of the	29838
city, in the case of a city health district, may disapprove any	29839
fee established by the board of health under this division, and	29840
any such fee, as disapproved, shall not be charged by the board of	29841
health.	29842

(B) The public health council shall adopt rules under section	29843
111.15 of the Revised Code that establish fee categories and	29844
uniform methodologies for use in calculating the costs of services	29845
provided for purposes specified in sections 3701.344, 3711.05,	29846
~~3718.06,~~ 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 of the	29847
Revised Code. In adopting the rules, the public health council	29848
shall consider recommendations it receives from advisory boards	29849
established either by statute or the director of health for	29850
entities subject to the fees.	29851

(C) At least thirty days prior to establishing a fee for a	29852
service provided by the board for a purpose specified in section	29853
3701.344, 3711.05, ~~3718.06,~~ 3729.07, 3730.03, 3733.04, 3733.25, or	29854
3749.04 of the Revised Code, a board of health shall notify any	29855
entity that would be affected by the proposed fee of the amount of	29856
the proposed fee.	29857

Sec. 3709.091. (A) As used in this section:

29858

(1) "Household sewage ~~treatment~~disposal system" means any	29859
sewage disposal or treatment system, or part of such a system, for	29860
a single-family, two-family, or three-family dwelling that	29861
receives sewage.	29862

(2) "Sewage" means any liquid waste containing animal or	29863
vegetable matter in suspension or solution that originates from	29864
~~humans and human activities. "Sewage" includes liquids containing~~	29865
~~household chemicals in solution commonly discharged from a~~	29866
~~residence or from commercial, institutional, or other similar~~	29867
~~facilities.~~	29868

~~(3) "Small flow on-site sewage treatment system" means a~~	29869
~~system, other than a household sewage treatment system, that~~	29870
~~treats not more than one thousand gallons of sewage per day and~~	29871
~~that does not require a national pollutant discharge elimination~~	29872
~~system permit issued under section 6111.03 of the Revised Code or~~	29873
~~an injection well drilling or operating permit issued under~~	29874
~~section 6111.043 of the Revised Code~~water closets, urinals,	29875
lavatories, bathtubs, laundry tubs or devices, floor drains,	29876
drinking fountains, or other sanitary fixtures and may include	29877
liquid containing chemicals in solution.	29878

(B) If any owner, leaseholder, or assignee of real property	29879
fails to pay a fee as required by rule of a board of health of a	29880
city or general health district pursuant to section 3709.09 of the	29881
Revised Code for an operation permit for, or for inspection of, a	29882
household sewage ~~treatment~~disposal system ~~or a small flow on-site~~	29883
~~sewage treatment system~~ located on the real property, the health	29884
commissioner of the city or general health district or the	29885
commissioner's designated representative shall notify the owner,	29886
leaseholder, or assignee of the real property of the amount of the	29887
fee and any accrued penalties for late payment of the fee. The	29888
notice shall state, in boldface letters: "You have 30 days to	29889
object to the amount of the unpaid operation permit or inspection	29890
fee for your household sewage ~~treatment~~disposal system ~~or small~~	29891
~~flow on-site sewage treatment system, as applicable,~~ as designated	29892
in this notice, which may include accrued penalties for late	29893
payment of the fee. If you do not pay this amount as instructed	29894
herein within 30 days of receipt of this notice or object to this	29895
amount during that time period in accordance with the procedures	29896
set forth herein, the amount will be placed as a lien on your real	29897
property." The notice also shall explain how the owner,	29898
leaseholder, or assignee may pay the amount, or object to the	29899
amount in accordance with the procedures established by divisions	29900
(C) and (D) of this section.	29901

Notice to the owner, leaseholder, or assignee shall be made	29902
by either of the following:	29903

(1) Certified mail, overnight delivery service, hand	29904
delivery, or any other method that includes written evidence of	29905
receipt;	29906

(2) The sheriff of the county in which the owner,	29907
leaseholder, or assignee to be served resides, in one or more of	29908
the methods provided in the Ohio Rules of Civil Procedure. The	29909
sheriff may charge reasonable fees for that service.	29910

(C) Not later than thirty days after receipt under division	29911
(B) of this section of notification of the amount of an unpaid	29912
operation permit or inspection fee and any accrued late payment	29913
penalties, the owner, leaseholder, or assignee may object to the	29914
amount by delivering a written notice of objection to the health	29915
commissioner by any of the means provided for in division (B)(1)	29916
of this section. Not later than sixty days after receipt of the	29917
notice of objection, the county prosecutor, on behalf of the city	29918
or general health district, may file a civil action in the court	29919
of common pleas against the owner, leaseholder, or assignee. If	29920
the county prosecutor fails to commence suit within the sixty-day	29921
period, or if the action is commenced, but dismissed with	29922
prejudice before adjudication, the unpaid fee and any accrued late	29923
payment penalties are void and cannot be placed on the general tax	29924
list and duplicate as a lien against the real property.	29925

(D) If, in accordance with division (C) of this section, the	29926
owner, leaseholder, or assignee objects to the amount of the	29927
unpaid operation permit or inspection fee and any accrued late	29928
payment penalties and the county prosecutor commences suit and	29929
prevails in the action, the owner, leaseholder, or assignee	29930
objecting shall pay the amount of the fee, any accrued late	29931
payment penalties, and the costs of the action, as determined by	29932
the court.	29933

(E) If the owner, leaseholder, or assignee on which the	29934
notice required by division (B) of this section was served does	29935
not pay to the city or general health district the amount of an	29936
unpaid operation permit or inspection fee and any accrued late	29937
payment penalties within thirty days after receipt of the notice,	29938
or does not object to the amount in the manner provided in	29939
division (C) of this section, the health commissioner of the city	29940
or general health district or the commissioner's designated	29941
representative may certify, on or before the first Monday of	29942
September, the amount of the unpaid fee and any accrued late	29943
payment penalties to the county auditor to be placed on the	29944
general tax list and duplicate as provided in section 319.281 of	29945
the Revised Code.	29946

Sec. 3721.51. The department of job and family services	29947
shall do all of the following:	29948

(A) Subject to division (C) of this section and for the	29949
purposes specified in sections 3721.56 and 3721.561 of the Revised	29950
Code, determine an annual franchise permit fee on each nursing	29951
home in an amount equal to six dollars and twenty-five cents ~~for~~	29952
~~fiscal years 2006 and 2007 and one dollar for each fiscal year~~	29953
~~thereafter~~, multiplied by the product of the following:	29954

(1) The number of beds licensed as nursing home beds, plus	29955
any other beds certified as skilled nursing facility beds under	29956
Title XVIII or nursing facility beds under Title XIX on the first	29957
day of May of the calendar year in which the fee is determined	29958
pursuant to division (A) of section 3721.53 of the Revised Code;	29959

(2) The number of days in the fiscal year beginning on the	29960
first day of July of the calendar year in which the fee is	29961
determined pursuant to division (A) of section 3721.53 of the	29962
Revised Code.	29963

(B) Subject to division (C) of this section and for the	29964
purposes specified in sections 3721.56 and 3721.561 of the Revised	29965
Code, determine an annual franchise permit fee on each hospital in	29966
an amount equal to six dollars and twenty-five cents ~~for fiscal~~	29967
~~years 2006 and 2007 and one dollar for each fiscal year~~	29968
~~thereafter~~, multiplied by the product of the following:	29969

(1) The number of beds registered pursuant to section 3701.07	29970
of the Revised Code as skilled nursing facility beds or long-term	29971
care beds, plus any other beds licensed as nursing home beds under	29972
section 3721.02 or 3721.09 of the Revised Code, on the first day	29973
of May of the calendar year in which the fee is determined	29974
pursuant to division (A) of section 3721.53 of the Revised Code;	29975

(2) The number of days in the fiscal year beginning on the	29976
first day of July of the calendar year in which the fee is	29977
determined pursuant to division (A) of section 3721.53 of the	29978
Revised Code.	29979

(C) If the United States centers for medicare and medicaid	29980
services determines that the franchise permit fee established by	29981
sections 3721.50 to 3721.58 of the Revised Code is an	29982
impermissible health care related tax under section 1903(w) of the	29983
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	29984
amended, take all necessary actions to cease implementation of	29985
sections 3721.50 to 3721.58 of the Revised Code in accordance with	29986
rules adopted under section 3721.58 of the Revised Code.	29987

Sec. 3721.541. (A) In addition to assessing a penalty	29988
pursuant to section 3721.54 of the Revised Code, the department of	29989
job and family services may do either or both of the following if	29990
a nursing facility or hospital fails to pay the full amount of a	29991
franchise permit fee installment when due:	29992

(1) ~~Withhold~~Offset an amount less than or equal to the	29993
installment and penalty assessed under section 3721.54 of the	29994
Revised Code from a medicaid payment due the nursing facility or	29995
hospital ~~until the nursing facility or hospital pays the~~	29996
~~installment and penalty~~;	29997

(2) Terminate the nursing facility or hospital's medicaid	29998
provider agreement.	29999

(B) The department may ~~withhold~~offset a medicaid payment	30000
under division (A)(1) of this section without providing notice to	30001
the nursing facility or hospital and without conducting an	30002
adjudication under Chapter 119. of the Revised Code.	30003

Sec. 3721.56. There is hereby created in the state treasury	30004
the home- and community-based services for the aged fund. Sixteen	30005
per cent of all payments and penalties paid by nursing homes and	30006
hospitals under sections 3721.53 and 3721.54 of the Revised Code	30007
~~for fiscal years 2006 and 2007, and all such payments and~~	30008
~~penalties paid for subsequent fiscal years,~~ shall be deposited	30009
into the fund. The departments of job and family services and	30010
aging shall use the moneys in the fund to fund the following in	30011
accordance with rules adopted under section 3721.58 of the Revised	30012
Code:	30013

(A) The medicaid program established under Chapter 5111. of	30014
the Revised Code, including the PASSPORT program established under	30015
section 173.40 of the Revised Code;	30016

(B) The residential state supplement program established	30017
under section 173.35 of the Revised Code.	30018

Sec. 3734.57. (A) The following fees are hereby levied on	30019
the transfer or disposal of solid wastes in this state:	30020

(1) One dollar per ton on and after July 1, 2003, through	30021
June 30, ~~2008~~2010, one-half of the proceeds of which shall be	30022
deposited in the state treasury to the credit of the hazardous	30023
waste facility management fund created in section 3734.18 of the	30024
Revised Code and one-half of the proceeds of which shall be	30025
deposited in the state treasury to the credit of the hazardous	30026
waste clean-up fund created in section 3734.28 of the Revised	30027
Code;	30028

(2) An additional one dollar per ton on and after July 1,	30029
2003, through June 30, ~~2008~~2010, the proceeds of which shall be	30030
deposited in the state treasury to the credit of the solid waste	30031
fund, which is hereby created. The environmental protection agency	30032
shall use money in the solid waste fund to pay the costs of	30033
administering and enforcing the laws pertaining to solid wastes,	30034
infectious wastes, and construction and demolition debris,	30035
including, without limitation, ground water evaluations related to	30036
solid wastes, infectious wastes, and construction and demolition	30037
debris, under this chapter and Chapter 3714. of the Revised Code	30038
and any rules adopted under them, providing compliance assistance	30039
to small businesses, and paying a share of the administrative	30040
costs of the environmental protection agency pursuant to section	30041
3745.014 of the Revised Code.	30042

(3) An additional one dollar and fifty cents per ton on and	30043
after July 1, 2005, through June 30, ~~2008~~2010, the proceeds of	30044
which shall be deposited in the state treasury to the credit of	30045
the environmental protection fund created in section 3745.015 of	30046
the Revised Code.	30047

In the case of solid wastes that are taken to a solid waste	30048
transfer facility located in this state prior to being transported	30049
for disposal at a solid waste disposal facility located in this	30050
state or outside of this state, the fees levied under this	30051
division shall be collected by the owner or operator of the	30052
transfer facility as a trustee for the state. The amount of fees	30053
required to be collected under this division at such a transfer	30054
facility shall equal the total tonnage of solid wastes received at	30055
the facility multiplied by the fees levied under this division. In	30056
the case of solid wastes that are not taken to a solid waste	30057
transfer facility located in this state prior to being transported	30058
to a solid waste disposal facility, the fees shall be collected by	30059
the owner or operator of the solid waste disposal facility as a	30060
trustee for the state. The amount of fees required to be collected	30061
under this division at such a disposal facility shall equal the	30062
total tonnage of solid wastes received at the facility that was	30063
not previously taken to a solid waste transfer facility located in	30064
this state multiplied by the fees levied under this division. Fees	30065
levied under this division do not apply to materials separated	30066
from a mixed waste stream for recycling by a generator or	30067
materials removed from the solid waste stream through recycling,	30068
as "recycling" is defined in rules adopted under section 3734.02	30069
of the Revised Code.	30070

The owner or operator of a solid waste transfer facility or	30071
disposal facility, as applicable, shall prepare and file with the	30072
director of environmental protection each month a return	30073
indicating the total tonnage of solid wastes received at the	30074
facility during that month and the total amount of the fees	30075
required to be collected under this division during that month. In	30076
addition, the owner or operator of a solid waste disposal facility	30077
shall indicate on the return the total tonnage of solid wastes	30078
received from transfer facilities located in this state during	30079
that month for which the fees were required to be collected by the	30080
transfer facilities. The monthly returns shall be filed on a form	30081
prescribed by the director. Not later than thirty days after the	30082
last day of the month to which a return applies, the owner or	30083
operator shall mail to the director the return for that month	30084
together with the fees required to be collected under this	30085
division during that month as indicated on the return. If the	30086
return is filed and the amount of the fees due is paid in a timely	30087
manner as required in this division, the owner or operator may	30088
retain a discount of three-fourths of one per cent of the total	30089
amount of the fees that are required to be paid as indicated on	30090
the return.	30091

The owner or operator may request an extension of not more	30092
than thirty days for filing the return and remitting the fees,	30093
provided that the owner or operator has submitted such a request	30094
in writing to the director together with a detailed description of	30095
why the extension is requested, the director has received the	30096
request not later than the day on which the return is required to	30097
be filed, and the director has approved the request. If the fees	30098
are not remitted within thirty days after the last day of the	30099
month to which the return applies or are not remitted by the last	30100
day of an extension approved by the director, the owner or	30101
operator shall not retain the three-fourths of one per cent	30102
discount and shall pay an additional ten per cent of the amount of	30103
the fees for each month that they are late. For purposes of	30104
calculating the late fee, the first month in which fees are late	30105
begins on the first day after the deadline has passed for timely	30106
submitting the return and fees, and one additional month shall be	30107
counted every thirty days thereafter.	30108

The owner or operator of a solid waste facility may request a	30109
refund or credit of fees levied under this division and remitted	30110
to the director that have not been paid to the owner or operator.	30111
Such a request shall be made only if the fees have not been	30112
collected by the owner or operator, have become a debt that has	30113
become worthless or uncollectable for a period of six months or	30114
more, and may be claimed as a deduction, including a deduction	30115
claimed if the owner or operator keeps accounts on an accrual	30116
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	30117
U.S.C. 166, as amended, and regulations adopted under it. Prior to	30118
making a request for a refund or credit, an owner or operator	30119
shall make reasonable efforts to collect the applicable fees. A	30120
request for a refund or credit shall not include any costs	30121
resulting from those efforts to collect unpaid fees.	30122

A request for a refund or credit of fees shall be made in	30123
writing, on a form prescribed by the director, and shall be	30124
supported by evidence that may be required in rules adopted by the	30125
director under this chapter. After reviewing the request, and if	30126
the request and evidence submitted with the request indicate that	30127
a refund or credit is warranted, the director shall grant a refund	30128
to the owner or operator or shall permit a credit to be taken by	30129
the owner or operator on a subsequent monthly return submitted by	30130
the owner or operator. The amount of a refund or credit shall not	30131
exceed an amount that is equal to ninety days' worth of fees owed	30132
to an owner or operator by a particular debtor of the owner or	30133
operator. A refund or credit shall not be granted by the director	30134
to an owner or operator more than once in any twelve-month period	30135
for fees owed to the owner or operator by a particular debtor.	30136

If, after receiving a refund or credit from the director, an	30137
owner or operator receives payment of all or part of the fees, the	30138
owner or operator shall remit the fees with the next monthly	30139
return submitted to the director together with a written	30140
explanation of the reason for the submittal.	30141

For purposes of computing the fees levied under this division	30142
or division (B) of this section, any solid waste transfer or	30143
disposal facility that does not use scales as a means of	30144
determining gate receipts shall use a conversion factor of three	30145
cubic yards per ton of solid waste or one cubic yard per ton for	30146
baled waste, as applicable.	30147

The fees levied under this division and divisions (B) and (C)	30148
of this section are in addition to all other applicable fees and	30149
taxes and shall be paid by the customer or a political subdivision	30150
to the owner or operator of a solid waste transfer or disposal	30151
facility notwithstanding the existence of any provision in a	30152
contract that the customer or a political subdivision may have	30153
with the owner or operator or with a transporter of waste to the	30154
facility that would not require or allow such payment.	30155

(B) For the purposes specified in division (G) of this	30156
section, the solid waste management policy committee of a county	30157
or joint solid waste management district may levy fees upon the	30158
following activities:	30159

(1) The disposal at a solid waste disposal facility located	30160
in the district of solid wastes generated within the district;	30161

(2) The disposal at a solid waste disposal facility within	30162
the district of solid wastes generated outside the boundaries of	30163
the district, but inside this state;	30164

(3) The disposal at a solid waste disposal facility within	30165
the district of solid wastes generated outside the boundaries of	30166
this state.	30167

The solid waste management plan of the county or joint	30168
district approved under section 3734.521 or 3734.55 of the Revised	30169
Code and any amendments to it, or the resolution adopted under	30170
this division, as appropriate, shall establish the rates of the	30171
fees levied under divisions (B)(1), (2), and (3) of this section,	30172
if any, and shall specify whether the fees are levied on the basis	30173
of tons or cubic yards as the unit of measurement. A solid waste	30174
management district that levies fees under this division on the	30175
basis of cubic yards shall do so in accordance with division (A)	30176
of this section.	30177

The fee levied under division (B)(1) of this section shall be	30178
not less than one dollar per ton nor more than two dollars per	30179
ton, the fee levied under division (B)(2) of this section shall be	30180
not less than two dollars per ton nor more than four dollars per	30181
ton, and the fee levied under division (B)(3) of this section	30182
shall be not more than the fee levied under division (B)(1) of	30183
this section.	30184

Prior to the approval of the solid waste management plan of a	30185
district under section 3734.55 of the Revised Code, the solid	30186
waste management policy committee of a district may levy fees	30187
under this division by adopting a resolution establishing the	30188
proposed amount of the fees. Upon adopting the resolution, the	30189
committee shall deliver a copy of the resolution to the board of	30190
county commissioners of each county forming the district and to	30191
the legislative authority of each municipal corporation and	30192
township under the jurisdiction of the district and shall prepare	30193
and publish the resolution and a notice of the time and location	30194
where a public hearing on the fees will be held. Upon adopting the	30195
resolution, the committee shall deliver written notice of the	30196
adoption of the resolution; of the amount of the proposed fees;	30197
and of the date, time, and location of the public hearing to the	30198
director and to the fifty industrial, commercial, or institutional	30199
generators of solid wastes within the district that generate the	30200
largest quantities of solid wastes, as determined by the	30201
committee, and to their local trade associations. The committee	30202
shall make good faith efforts to identify those generators within	30203
the district and their local trade associations, but the	30204
nonprovision of notice under this division to a particular	30205
generator or local trade association does not invalidate the	30206
proceedings under this division. The publication shall occur at	30207
least thirty days before the hearing. After the hearing, the	30208
committee may make such revisions to the proposed fees as it	30209
considers appropriate and thereafter, by resolution, shall adopt	30210
the revised fee schedule. Upon adopting the revised fee schedule,	30211
the committee shall deliver a copy of the resolution doing so to	30212
the board of county commissioners of each county forming the	30213
district and to the legislative authority of each municipal	30214
corporation and township under the jurisdiction of the district.	30215
Within sixty days after the delivery of a copy of the resolution	30216
adopting the proposed revised fees by the policy committee, each	30217
such board and legislative authority, by ordinance or resolution,	30218
shall approve or disapprove the revised fees and deliver a copy of	30219
the ordinance or resolution to the committee. If any such board or	30220
legislative authority fails to adopt and deliver to the policy	30221
committee an ordinance or resolution approving or disapproving the	30222
revised fees within sixty days after the policy committee	30223
delivered its resolution adopting the proposed revised fees, it	30224
shall be conclusively presumed that the board or legislative	30225
authority has approved the proposed revised fees. The committee	30226
shall determine if the resolution has been ratified in the same	30227
manner in which it determines if a draft solid waste management	30228
plan has been ratified under division (B) of section 3734.55 of	30229
the Revised Code.	30230

The committee may amend the schedule of fees levied pursuant	30231
to a resolution adopted and ratified under this division by	30232
adopting a resolution establishing the proposed amount of the	30233
amended fees. The committee may repeal the fees levied pursuant to	30234
such a resolution by adopting a resolution proposing to repeal	30235
them. Upon adopting such a resolution, the committee shall proceed	30236
to obtain ratification of the resolution in accordance with this	30237
division.	30238

Not later than fourteen days after declaring the new fees to	30239
be ratified or the fees to be repealed under this division, the	30240
committee shall notify by certified mail the owner or operator of	30241
each solid waste disposal facility that is required to collect the	30242
fees of the ratification and the amount of the fees or of the	30243
repeal of the fees. Collection of any fees shall commence or	30244
collection of repealed fees shall cease on the first day of the	30245
second month following the month in which notification is sent to	30246
the owner or operator.	30247

Fees levied under this division also may be established,	30248
amended, or repealed by a solid waste management policy committee	30249
through the adoption of a new district solid waste management	30250
plan, the adoption of an amended plan, or the amendment of the	30251
plan or amended plan in accordance with sections 3734.55 and	30252
3734.56 of the Revised Code or the adoption or amendment of a	30253
district plan in connection with a change in district composition	30254
under section 3734.521 of the Revised Code.	30255

Not later than fourteen days after the director issues an	30256
order approving a district's solid waste management plan, amended	30257
plan, or amendment to a plan or amended plan that establishes,	30258
amends, or repeals a schedule of fees levied by the district, the	30259
committee shall notify by certified mail the owner or operator of	30260
each solid waste disposal facility that is required to collect the	30261
fees of the approval of the plan or amended plan, or the amendment	30262
to the plan, as appropriate, and the amount of the fees, if any.	30263
In the case of an initial or amended plan approved under section	30264
3734.521 of the Revised Code in connection with a change in	30265
district composition, other than one involving the withdrawal of a	30266
county from a joint district, the committee, within fourteen days	30267
after the change takes effect pursuant to division (G) of that	30268
section, shall notify by certified mail the owner or operator of	30269
each solid waste disposal facility that is required to collect the	30270
fees that the change has taken effect and of the amount of the	30271
fees, if any. Collection of any fees shall commence or collection	30272
of repealed fees shall cease on the first day of the second month	30273
following the month in which notification is sent to the owner or	30274
operator.	30275

If, in the case of a change in district composition involving	30276
the withdrawal of a county from a joint district, the director	30277
completes the actions required under division (G)(1) or (3) of	30278
section 3734.521 of the Revised Code, as appropriate, forty-five	30279
days or more before the beginning of a calendar year, the policy	30280
committee of each of the districts resulting from the change that	30281
obtained the director's approval of an initial or amended plan in	30282
connection with the change, within fourteen days after the	30283
director's completion of the required actions, shall notify by	30284
certified mail the owner or operator of each solid waste disposal	30285
facility that is required to collect the district's fees that the	30286
change is to take effect on the first day of January immediately	30287
following the issuance of the notice and of the amount of the fees	30288
or amended fees levied under divisions (B)(1) to (3) of this	30289
section pursuant to the district's initial or amended plan as so	30290
approved or, if appropriate, the repeal of the district's fees by	30291
that initial or amended plan. Collection of any fees set forth in	30292
such a plan or amended plan shall commence on the first day of	30293
January immediately following the issuance of the notice. If such	30294
an initial or amended plan repeals a schedule of fees, collection	30295
of the fees shall cease on that first day of January.	30296

If, in the case of a change in district composition involving	30297
the withdrawal of a county from a joint district, the director	30298
completes the actions required under division (G)(1) or (3) of	30299
section 3734.521 of the Revised Code, as appropriate, less than	30300
forty-five days before the beginning of a calendar year, the	30301
director, on behalf of each of the districts resulting from the	30302
change that obtained the director's approval of an initial or	30303
amended plan in connection with the change proceedings, shall	30304
notify by certified mail the owner or operator of each solid waste	30305
disposal facility that is required to collect the district's fees	30306
that the change is to take effect on the first day of January	30307
immediately following the mailing of the notice and of the amount	30308
of the fees or amended fees levied under divisions (B)(1) to (3)	30309
of this section pursuant to the district's initial or amended plan	30310
as so approved or, if appropriate, the repeal of the district's	30311
fees by that initial or amended plan. Collection of any fees set	30312
forth in such a plan or amended plan shall commence on the first	30313
day of the second month following the month in which notification	30314
is sent to the owner or operator. If such an initial or amended	30315
plan repeals a schedule of fees, collection of the fees shall	30316
cease on the first day of the second month following the month in	30317
which notification is sent to the owner or operator.	30318

If the schedule of fees that a solid waste management	30319
district is levying under divisions (B)(1) to (3) of this section	30320
is amended or repealed, the fees in effect immediately prior to	30321
the amendment or repeal shall continue to be collected until	30322
collection of the amended fees commences or collection of the	30323
repealed fees ceases, as applicable, as specified in this	30324
division. In the case of a change in district composition, money	30325
so received from the collection of the fees of the former	30326
districts shall be divided among the resulting districts in	30327
accordance with division (B) of section 343.012 of the Revised	30328
Code and the agreements entered into under division (B) of section	30329
343.01 of the Revised Code to establish the former and resulting	30330
districts and any amendments to those agreements.	30331

For the purposes of the provisions of division (B) of this	30332
section establishing the times when newly established or amended	30333
fees levied by a district are required to commence and the	30334
collection of fees that have been amended or repealed is required	30335
to cease, "fees" or "schedule of fees" includes, in addition to	30336
fees levied under divisions (B)(1) to (3) of this section, those	30337
levied under section 3734.573 or 3734.574 of the Revised Code.	30338

(C) For the purposes of defraying the added costs to a	30339
municipal corporation or township of maintaining roads and other	30340
public facilities and of providing emergency and other public	30341
services, and compensating a municipal corporation or township for	30342
reductions in real property tax revenues due to reductions in real	30343
property valuations resulting from the location and operation of a	30344
solid waste disposal facility within the municipal corporation or	30345
township, a municipal corporation or township in which such a	30346
solid waste disposal facility is located may levy a fee of not	30347
more than twenty-five cents per ton on the disposal of solid	30348
wastes at a solid waste disposal facility located within the	30349
boundaries of the municipal corporation or township regardless of	30350
where the wastes were generated.	30351

The legislative authority of a municipal corporation or	30352
township may levy fees under this division by enacting an	30353
ordinance or adopting a resolution establishing the amount of the	30354
fees. Upon so doing the legislative authority shall mail a	30355
certified copy of the ordinance or resolution to the board of	30356
county commissioners or directors of the county or joint solid	30357
waste management district in which the municipal corporation or	30358
township is located or, if a regional solid waste management	30359
authority has been formed under section 343.011 of the Revised	30360
Code, to the board of trustees of that regional authority, the	30361
owner or operator of each solid waste disposal facility in the	30362
municipal corporation or township that is required to collect the	30363
fee by the ordinance or resolution, and the director of	30364
environmental protection. Although the fees levied under this	30365
division are levied on the basis of tons as the unit of	30366
measurement, the legislative authority, in its ordinance or	30367
resolution levying the fees under this division, may direct that	30368
the fees be levied on the basis of cubic yards as the unit of	30369
measurement based upon a conversion factor of three cubic yards	30370
per ton generally or one cubic yard per ton for baled wastes.	30371

Not later than five days after enacting an ordinance or	30372
adopting a resolution under this division, the legislative	30373
authority shall so notify by certified mail the owner or operator	30374
of each solid waste disposal facility that is required to collect	30375
the fee. Collection of any fee levied on or after March 24, 1992,	30376
shall commence on the first day of the second month following the	30377
month in which notification is sent to the owner or operator.	30378

(D)(1) The fees levied under divisions (A), (B), and (C) of	30379
this section do not apply to the disposal of solid wastes that:	30380

(a) Are disposed of at a facility owned by the generator of	30381
the wastes when the solid waste facility exclusively disposes of	30382
solid wastes generated at one or more premises owned by the	30383
generator regardless of whether the facility is located on a	30384
premises where the wastes are generated;	30385

(b) Are disposed of at facilities that exclusively dispose of	30386
wastes that are generated from the combustion of coal, or from the	30387
combustion of primarily coal in combination with scrap tires, that	30388
is not combined in any way with garbage at one or more premises	30389
owned by the generator.	30390

(2) Except as provided in section 3734.571 of the Revised	30391
Code, any fees levied under division (B)(1) of this section apply	30392
to solid wastes originating outside the boundaries of a county or	30393
joint district that are covered by an agreement for the joint use	30394
of solid waste facilities entered into under section 343.02 of the	30395
Revised Code by the board of county commissioners or board of	30396
directors of the county or joint district where the wastes are	30397
generated and disposed of.	30398

(3) When solid wastes, other than solid wastes that consist	30399
of scrap tires, are burned in a disposal facility that is an	30400
incinerator or energy recovery facility, the fees levied under	30401
divisions (A), (B), and (C) of this section shall be levied upon	30402
the disposal of the fly ash and bottom ash remaining after burning	30403
of the solid wastes and shall be collected by the owner or	30404
operator of the sanitary landfill where the ash is disposed of.	30405

(4) When solid wastes are delivered to a solid waste transfer	30406
facility, the fees levied under divisions (B) and (C) of this	30407
section shall be levied upon the disposal of solid wastes	30408
transported off the premises of the transfer facility for disposal	30409
and shall be collected by the owner or operator of the solid waste	30410
disposal facility where the wastes are disposed of.	30411

(5) The fees levied under divisions (A), (B), and (C) of this	30412
section do not apply to sewage sludge that is generated by a waste	30413
water treatment facility holding a national pollutant discharge	30414
elimination system permit and that is disposed of through	30415
incineration, land application, or composting or at another	30416
resource recovery or disposal facility that is not a landfill.	30417

(6) The fees levied under divisions (A), (B), and (C) of this	30418
section do not apply to solid wastes delivered to a solid waste	30419
composting facility for processing. When any unprocessed solid	30420
waste or compost product is transported off the premises of a	30421
composting facility and disposed of at a landfill, the fees levied	30422
under divisions (A), (B), and (C) of this section shall be	30423
collected by the owner or operator of the landfill where the	30424
unprocessed waste or compost product is disposed of.	30425

(7) When solid wastes that consist of scrap tires are	30426
processed at a scrap tire recovery facility, the fees levied under	30427
divisions (A), (B), and (C) of this section shall be levied upon	30428
the disposal of the fly ash and bottom ash or other solid wastes	30429
remaining after the processing of the scrap tires and shall be	30430
collected by the owner or operator of the solid waste disposal	30431
facility where the ash or other solid wastes are disposed of.	30432

(8) The director of environmental protection may issue an	30433
order exempting from the fees levied under this section solid	30434
wastes, including, but not limited to, scrap tires, that are	30435
generated, transferred, or disposed of as a result of a contract	30436
providing for the expenditure of public funds entered into by the	30437
administrator or regional administrator of the United States	30438
environmental protection agency, the director of environmental	30439
protection, or the director of administrative services on behalf	30440
of the director of environmental protection for the purpose of	30441
remediating conditions at a hazardous waste facility, solid waste	30442
facility, or other location at which the administrator or regional	30443
administrator or the director of environmental protection has	30444
reason to believe that there is a substantial threat to public	30445
health or safety or the environment or that the conditions are	30446
causing or contributing to air or water pollution or soil	30447
contamination. An order issued by the director of environmental	30448
protection under division (D)(8) of this section shall include a	30449
determination that the amount of the fees not received by a solid	30450
waste management district as a result of the order will not	30451
adversely impact the implementation and financing of the	30452
district's approved solid waste management plan and any approved	30453
amendments to the plan. Such an order is a final action of the	30454
director of environmental protection.	30455

(E) The fees levied under divisions (B) and (C) of this	30456
section shall be collected by the owner or operator of the solid	30457
waste disposal facility where the wastes are disposed of as a	30458
trustee for the county or joint district and municipal corporation	30459
or township where the wastes are disposed of. Moneys from the fees	30460
levied under division (B) of this section shall be forwarded to	30461
the board of county commissioners or board of directors of the	30462
district in accordance with rules adopted under division (H) of	30463
this section. Moneys from the fees levied under division (C) of	30464
this section shall be forwarded to the treasurer or such other	30465
officer of the municipal corporation as, by virtue of the charter,	30466
has the duties of the treasurer or to the fiscal officer of the	30467
township, as appropriate, in accordance with those rules.	30468

(F) Moneys received by the treasurer or other officer of the	30469
municipal corporation under division (E) of this section shall be	30470
paid into the general fund of the municipal corporation. Moneys	30471
received by the fiscal officer of the township under that division	30472
shall be paid into the general fund of the township. The treasurer	30473
or other officer of the municipal corporation or the township	30474
fiscal officer, as appropriate, shall maintain separate records of	30475
the moneys received from the fees levied under division (C) of	30476
this section.	30477

(G) Moneys received by the board of county commissioners or	30478
board of directors under division (E) of this section or section	30479
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	30480
shall be paid to the county treasurer, or other official acting in	30481
a similar capacity under a county charter, in a county district or	30482
to the county treasurer or other official designated by the board	30483
of directors in a joint district and kept in a separate and	30484
distinct fund to the credit of the district. If a regional solid	30485
waste management authority has been formed under section 343.011	30486
of the Revised Code, moneys received by the board of trustees of	30487
that regional authority under division (E) of this section shall	30488
be kept by the board in a separate and distinct fund to the credit	30489
of the district. Moneys in the special fund of the county or joint	30490
district arising from the fees levied under division (B) of this	30491
section and the fee levied under division (A) of section 3734.573	30492
of the Revised Code shall be expended by the board of county	30493
commissioners or directors of the district in accordance with the	30494
district's solid waste management plan or amended plan approved	30495
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	30496
exclusively for the following purposes:	30497

(1) Preparation of the solid waste management plan of the	30498
district under section 3734.54 of the Revised Code, monitoring	30499
implementation of the plan, and conducting the periodic review and	30500
amendment of the plan required by section 3734.56 of the Revised	30501
Code by the solid waste management policy committee;	30502

(2) Implementation of the approved solid waste management	30503
plan or amended plan of the district, including, without	30504
limitation, the development and implementation of solid waste	30505
recycling or reduction programs;	30506

(3) Providing financial assistance to boards of health within	30507
the district, if solid waste facilities are located within the	30508
district, for enforcement of this chapter and rules, orders, and	30509
terms and conditions of permits, licenses, and variances adopted	30510
or issued under it, other than the hazardous waste provisions of	30511
this chapter and rules adopted and orders and terms and conditions	30512
of permits issued under those provisions;	30513

(4) Providing financial assistance to each county within the	30514
district to defray the added costs of maintaining roads and other	30515
public facilities and of providing emergency and other public	30516
services resulting from the location and operation of a solid	30517
waste facility within the county under the district's approved	30518
solid waste management plan or amended plan;	30519

(5) Pursuant to contracts entered into with boards of health	30520
within the district, if solid waste facilities contained in the	30521
district's approved plan or amended plan are located within the	30522
district, for paying the costs incurred by those boards of health	30523
for collecting and analyzing samples from public or private water	30524
wells on lands adjacent to those facilities;	30525

(6) Developing and implementing a program for the inspection	30526
of solid wastes generated outside the boundaries of this state	30527
that are disposed of at solid waste facilities included in the	30528
district's approved solid waste management plan or amended plan;	30529

(7) Providing financial assistance to boards of health within	30530
the district for the enforcement of section 3734.03 of the Revised	30531
Code or to local law enforcement agencies having jurisdiction	30532
within the district for enforcing anti-littering laws and	30533
ordinances;	30534

(8) Providing financial assistance to boards of health of	30535
health districts within the district that are on the approved list	30536
under section 3734.08 of the Revised Code to defray the costs to	30537
the health districts for the participation of their employees	30538
responsible for enforcement of the solid waste provisions of this	30539
chapter and rules adopted and orders and terms and conditions of	30540
permits, licenses, and variances issued under those provisions in	30541
the training and certification program as required by rules	30542
adopted under division (L) of section 3734.02 of the Revised Code;	30543

(9) Providing financial assistance to individual municipal	30544
corporations and townships within the district to defray their	30545
added costs of maintaining roads and other public facilities and	30546
of providing emergency and other public services resulting from	30547
the location and operation within their boundaries of a	30548
composting, energy or resource recovery, incineration, or	30549
recycling facility that either is owned by the district or is	30550
furnishing solid waste management facility or recycling services	30551
to the district pursuant to a contract or agreement with the board	30552
of county commissioners or directors of the district;	30553

(10) Payment of any expenses that are agreed to, awarded, or	30554
ordered to be paid under section 3734.35 of the Revised Code and	30555
of any administrative costs incurred pursuant to that section. In	30556
the case of a joint solid waste management district, if the board	30557
of county commissioners of one of the counties in the district is	30558
negotiating on behalf of affected communities, as defined in that	30559
section, in that county, the board shall obtain the approval of	30560
the board of directors of the district in order to expend moneys	30561
for administrative costs incurred.	30562

Prior to the approval of the district's solid waste	30563
management plan under section 3734.55 of the Revised Code, moneys	30564
in the special fund of the district arising from the fees shall be	30565
expended for those purposes in the manner prescribed by the solid	30566
waste management policy committee by resolution.	30567

Notwithstanding division (G)(6) of this section as it existed	30568
prior to October 29, 1993, or any provision in a district's solid	30569
waste management plan prepared in accordance with division	30570
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	30571
prior to that date, any moneys arising from the fees levied under	30572
division (B)(3) of this section prior to January 1, 1994, may be	30573
expended for any of the purposes authorized in divisions (G)(1) to	30574
(10) of this section.	30575

(H) The director shall adopt rules in accordance with Chapter	30576
119. of the Revised Code prescribing procedures for collecting and	30577
forwarding the fees levied under divisions (B) and (C) of this	30578
section to the boards of county commissioners or directors of	30579
county or joint solid waste management districts and to the	30580
treasurers or other officers of municipal corporations and the	30581
fiscal officers of townships. The rules also shall prescribe the	30582
dates for forwarding the fees to the boards and officials and may	30583
prescribe any other requirements the director considers necessary	30584
or appropriate to implement and administer divisions (A), (B), and	30585
(C) of this section.	30586

Sec. 3735.672. (A) On or before the thirty-first day of	30587
March each year, a legislative authority that has entered into an	30588
agreement with a party under section 3735.671 of the Revised Code	30589
shall submit to the director of development and the board of	30590
education of each school district of which a municipal corporation	30591
or township to which such an agreement applies is a part a report	30592
on all such agreements in effect during the preceding calendar	30593
year. The report shall include the following information:	30594

(1) The designation, assigned by the director of development,	30595
of each community reinvestment area within the municipal	30596
corporation or county, and the total population of each area	30597
according to the most recent data available;	30598

(2) The number of agreements and the number of full-time	30599
employees subject to those agreements within each area, each	30600
according to the most recent data available and identified and	30601
categorized by the appropriate standard industrial code, and the	30602
rate of unemployment in the municipal corporation or county in	30603
which the area is located for each year since the area was	30604
certified;	30605

(3) The number of agreements approved and executed during the	30606
calendar year for which the report is submitted, the total number	30607
of agreements in effect on the thirty-first day of December of the	30608
preceding calendar year, the number of agreements that expired	30609
during the calendar year for which the report is submitted, and	30610
the number of agreements scheduled to expire during the calendar	30611
year in which the report is submitted. For each agreement that	30612
expired during the calendar year for which the report is	30613
submitted, the legislative authority shall include the amount of	30614
taxes exempted under the agreement.	30615

(4) The number of agreements receiving compliance reviews by	30616
the tax incentive review council in the municipal corporation or	30617
county during the calendar year for which the report is submitted,	30618
including all of the following information:	30619

(a) The number of agreements the terms of which the party has	30620
complied with, indicating separately for each such agreement the	30621
value of the real property exempted pursuant to the agreement and	30622
a comparison of the stipulated and actual schedules for hiring new	30623
employees, for retaining existing employees, and for the amount of	30624
payroll of the party attributable to these employees;	30625

(b) The number of agreements the terms of which a party has	30626
failed to comply with, indicating separately for each such	30627
agreement the value of the real and personal property exempted	30628
pursuant to the agreement and a comparison of the stipulated and	30629
actual schedules for hiring new employees, for retaining existing	30630
employees, and for the amount of payroll of the enterprise	30631
attributable to these employees;	30632

(c) The number of agreements about which the tax incentive	30633
review council made recommendations to the legislative authority,	30634
and the number of such recommendations that have not been	30635
followed;	30636

(d) The number of agreements rescinded during the calendar	30637
year for which the report is submitted.	30638

(5) The number of parties subject to agreements that expanded	30639
within each area, including the number of new employees hired and	30640
existing employees retained by that party, and the number of new	30641
parties subject to agreements that established within each area,	30642
including the number of new employees hired by each party;	30643

(6) For each agreement in effect during any part of the	30644
preceding year, the number of employees employed by the party at	30645
the property that is the subject of the agreement immediately	30646
prior to formal approval of the agreement, the number of employees	30647
employed by the party at that property on the thirty-first day of	30648
December of the preceding year, the payroll of the party for the	30649
preceding year, the amount of taxes paid on real property that was	30650
exempted under the agreement, and the amount of such taxes that	30651
were not paid because of the exemption.	30652

(B) Upon the failure of a municipal corporation or county to	30653
comply with division (A) of this section:	30654

(1) Beginning on the first day of April of the calendar year	30655
in which the municipal corporation or county fails to comply with	30656
that division, the municipal corporation or county shall not enter	30657
into any agreements under section 3735.671 of the Revised Code	30658
until the municipal corporation or county has complied with	30659
division (A) of this section.	30660

(2) On the first day of each ensuing calendar month until the	30661
municipal corporation or county complies with that division, the	30662
director of development shall either order the proper county	30663
auditor to deduct from the next succeeding payment of taxes to the	30664
municipal corporation or county under section 321.31, 321.32,	30665
321.33, or 321.34 of the Revised Code an amount equal to five	30666
hundred dollars for each calendar month the municipal corporation	30667
or county fails to comply with that division, or order the county	30668
auditor to deduct such an amount from the next succeeding payment	30669
to the municipal corporation or county from the undivided local	30670
government fund under section 5747.51 of the Revised Code. At the	30671
time such a payment is made, the county auditor shall comply with	30672
the director's order by issuing a warrant, drawn on the fund from	30673
which such money would have been paid, to the director of	30674
development, who shall deposit the warrant into the state	30675
community reinvestment area program administration fund created in	30676
division (C) of this section.	30677

(C) The director, by rule, shall establish the state's	30678
application fee for applications submitted to a municipal	30679
corporation or county to enter into an agreement under section	30680
3735.671 of the Revised Code. In establishing the amount of the	30681
fee, the director shall consider the state's cost of administering	30682
the community reinvestment area program, including the cost of	30683
reviewing the reports required under division (A) of this section.	30684
The director may change the amount of the fee at such times and in	30685
such increments as hethe director considers necessary. Any	30686
municipal corporation or county that receives an application shall	30687
collect the application fee and remit the fee for deposit in the	30688
state treasury to the credit of the ~~state community reinvestment~~	30689
~~area program administration fund, which is hereby created. Money~~	30690
~~credited to the fund shall be used by the department of~~	30691
~~development to pay the costs of administering the community~~	30692
~~reinvestment area program, including the cost of reviewing the~~	30693
~~reports required under division (A) of this section~~tax incentive	30694
programs operating fund created in section 122.174 of the Revised	30695
Code.	30696

Sec. 3743.17. (A) The license of a wholesaler of fireworks	30697
is effective for one year beginning on the first day of December.	30698
The fire marshal shall issue or renew a license only on that date	30699
and at no other time. If a wholesaler of fireworks wishes to	30700
continue engaging in the wholesale sale of fireworks at the	30701
particular location after its then effective license expires, it	30702
shall apply not later than the first day of October for a new	30703
license pursuant to section 3743.15 of the Revised Code. The fire	30704
marshal shall send a written notice of the expiration of its	30705
license to a licensed wholesaler at least three months before the	30706
expiration date.	30707

(B) If, during the effective period of its licensure, a	30708
licensed wholesaler of fireworks wishes to perform any	30709
construction, or make any structural change or renovation, on the	30710
premises on which the fireworks are sold, the wholesaler shall	30711
notify the fire marshal in writing. The fire marshal may require a	30712
licensed wholesaler also to submit documentation, including, but	30713
not limited to, plans covering the proposed construction or	30714
structural change or renovation, if the fire marshal determines	30715
the documentation is necessary for evaluation purposes in light of	30716
the proposed construction or structural change or renovation.	30717

Upon receipt of the notification and additional documentation	30718
required by the fire marshal, the fire marshal shall inspect the	30719
premises on which the fireworks are sold to determine if the	30720
proposed construction or structural change or renovation conforms	30721
to sections 3743.15 to 3743.21 of the Revised Code and the rules	30722
adopted by the fire marshal pursuant to section 3743.18 of the	30723
Revised Code. The fire marshal shall issue a written authorization	30724
to the wholesaler for the construction or structural change or	30725
renovation if the fire marshal determines, upon the inspection and	30726
a review of submitted documentation, that the construction or	30727
structural change or renovation conforms to those sections and	30728
rules.	30729

(C) The license of a wholesaler of fireworks authorizes the	30730
wholesaler to engage only in the following activities:	30731

(1) Possess for sale at wholesale and sell at wholesale	30732
fireworks to persons who are licensed wholesalers of fireworks, to	30733
out-of-state residents in accordance with section 3743.44 of the	30734
Revised Code, to residents of this state in accordance with	30735
section 3743.45 of the Revised Code, or to persons located in	30736
another state provided the fireworks are shipped directly out of	30737
this state to them by the wholesaler. The possession for sale	30738
shall be at the location described in the application for	30739
licensure or in the notification submitted under division (B) of	30740
this section, and the sale shall be from the inside of a licensed	30741
building and from no structure or device outside a licensed	30742
building. At no time shall a licensed wholesaler sell any class of	30743
fireworks outside a licensed building.	30744

(2) Possess for sale at retail and sell at retail fireworks,	30745
other than 1.4G fireworks as designated by the fire marshal in	30746
rules adopted pursuant to division (A) of section 3743.05 of the	30747
Revised Code, to licensed exhibitors in accordance with sections	30748
3743.50 to 3743.55 of the Revised Code, and possess for sale at	30749
retail and sell at retail fireworks, including 1.4G fireworks, to	30750
out-of-state residents in accordance with section 3743.44 of the	30751
Revised Code, to residents of this state in accordance with	30752
section 3743.45 of the Revised Code, or to persons located in	30753
another state provided the fireworks are shipped directly out of	30754
this state to them by the wholesaler. The possession for sale	30755
shall be at the location described in the application for	30756
licensure or in the notification submitted under division (B) of	30757
this section, and the sale shall be from the inside of the	30758
licensed building and from no other structure or device outside	30759
this licensed building. At no time shall a licensed wholesaler	30760
sell any class of fireworks outside a licensed building.	30761

A licensed wholesaler of fireworks shall sell under division	30762
(C) of this section only fireworks that meet the standards set by	30763
the consumer product safety commission or by the American	30764
fireworks standard laboratories or that have received an EX number	30765
from the United States department of transportation.	30766

(D) The license of a wholesaler of fireworks shall be	30767
protected under glass and posted in a conspicuous place at the	30768
location described in the application for licensure or in the	30769
notification submitted under division (B) of this section. Except	30770
as otherwise provided in this section, the license is not	30771
transferable or assignable. A license may be transferred to	30772
another person for the same location for which the license was	30773
issued if the assets of the wholesaler are transferred to that	30774
person by inheritance or by a sale approved by the fire marshal.	30775
The license is subject to revocation in accordance with section	30776
3743.21 of the Revised Code.	30777

(E) The fire marshal shall adopt rules for the expansion or	30778
contraction of a licensed premises and for the approval of an	30779
expansion or contraction. The boundaries of a licensed premises,	30780
including any geographic expansion or contraction of those	30781
boundaries, shall be approved by the fire marshal in accordance	30782
with rules the fire marshal adopts. If the licensed premises of a	30783
licensed wholesaler from which the wholesaler operates consists of	30784
more than one parcel of real estate, those parcels must be	30785
contiguous, unless an exception is allowed pursuant to division	30786
(G) of this section.	30787

(F)(1) Upon application by a licensed wholesaler of	30788
fireworks, a wholesaler license may be transferred from one	30789
geographic location to another within the same municipal	30790
corporation or within the unincorporated area of the same	30791
township, but only if all of the following apply:	30792

(a) The identity of the holder of the license remains the	30793
same in the new location.	30794

(b) The former location is closed prior to the opening of the	30795
new location and no fireworks business of any kind is conducted at	30796
the former location after the transfer of the license.	30797

(c) The new location has received a local certificate of	30798
zoning compliance and a local certificate of occupancy, and	30799
otherwise is in compliance with all local building regulations.	30800

(d) ~~The transfer of the license is requested by the licensee~~	30801
~~because the existing facility poses an immediate hazard to the~~	30802
~~public.~~	30803

~~(e)~~ Every building or structure at the new location is	30804
separated from occupied residential and nonresidential buildings	30805
or structures, railroads, highways, or any other buildings or	30806
structures located on the licensed premises in accordance with the	30807
distances specified in the rules adopted by the fire marshal	30808
pursuant to section 3743.18 of the Revised Code. If the licensee	30809
fails to comply with the requirements of division (F)(1)(e) of	30810
this section by the licensee's own act, the license at the new	30811
location is forfeited.	30812

~~(f)~~(e) Neither the licensee nor any person holding, owning,	30813
or controlling a five per cent or greater beneficial or equity	30814
interest in the licensee has been convicted of or has pleaded	30815
guilty to a felony under the laws of this state, any other state,	30816
or the United States after June 30, 1997.	30817

~~(g)~~(f) The fire marshal approves the request for the	30818
transfer.	30819

(2) The new location shall comply with the requirements	30820
specified in divisions (A)(1) and (2) of section 3743.25 of the	30821
Revised Code whether or not the fireworks showroom at the new	30822
location is constructed, expanded, or first begins operating on	30823
and after June 30, 1997.	30824

(G)(1) A licensed wholesaler may expand its licensed premises	30825
within this state to include not more than two storage locations	30826
that are located upon one or more real estate parcels that are	30827
noncontiguous to the licensed premises as that licensed premises	30828
exists on the date a licensee submits an application as described	30829
below, if all of the following apply:	30830

(a) The licensee submits an application to the fire marshal	30831
requesting the expansion and an application fee of one hundred	30832
dollars per storage location for which the licensee is requesting	30833
approval.	30834

(b) The identity of the holder of the license remains the	30835
same at the storage location.	30836

(c) The storage location has received a valid certificate of	30837
zoning compliance, as applicable, and a valid certificate of	30838
occupancy for each building or structure at the storage location	30839
issued by the authority having jurisdiction to issue the	30840
certificate for the storage location, and those certificates	30841
permit the distribution and storage of fireworks regulated under	30842
this chapter at the storage location and in the buildings or	30843
structures. The storage location shall be in compliance with all	30844
other applicable federal, state, and local laws and regulations.	30845

(d) Every building or structure located upon the storage	30846
location is separated from occupied residential and nonresidential	30847
buildings or structures, railroads, highways, and any other	30848
buildings or structures on the licensed premises in accordance	30849
with the distances specified in the rules adopted by the fire	30850
marshal pursuant to section 3743.18 of the Revised Code.	30851

(e) Neither the licensee nor any person holding, owning, or	30852
controlling a five per cent or greater beneficial or equity	30853
interest in the licensee has been convicted of or pleaded guilty	30854
to a felony under the laws of this state, any other state, or the	30855
United States, after ~~the effective date of this amendment~~	30856
September 29, 2005.	30857

(f) The fire marshal approves the application for expansion.

30858

(2) The fire marshal shall approve an application for	30859
expansion requested under division (G)(1) of this section if the	30860
fire marshal receives the application fee and proof that the	30861
requirements of divisions (G)(1)(b) to (e) of this section are	30862
satisfied. The storage location shall be considered part of the	30863
original licensed premises and shall use the same distinct number	30864
assigned to the original licensed premises with any additional	30865
designations as the fire marshal deems necessary in accordance	30866
with section 3743.16 of the Revised Code.	30867

(H)(1) A licensee who obtains approval for use of a storage	30868
location in accordance with division (G) of this section shall use	30869
the site exclusively for the following activities, in accordance	30870
with division (C)(1) of this section:	30871

(a) Packaging, assembling, or storing fireworks, which shall	30872
occur only in buildings approved for such hazardous uses by the	30873
building code official having jurisdiction for the storage	30874
location and shall be in accordance with the rules adopted by the	30875
fire marshal under division (B)(4) of section 3743.18 of the	30876
Revised Code for the packaging, assembling, and storage of	30877
fireworks.	30878

(b) Distributing fireworks to other parcels of real estate	30879
located on the wholesaler's licensed premises, to licensed	30880
manufacturers or other licensed wholesalers in this state or to	30881
similarly licensed persons located in another state or country;	30882

(c) Distributing fireworks to a licensed exhibitor of	30883
fireworks pursuant to a properly issued permit in accordance with	30884
section 3743.54 of the Revised Code.	30885

(2) A licensed wholesaler shall not engage in any sales	30886
activity, including the retail sale of fireworks otherwise	30887
permitted under division (C)(2) of this section or pursuant to	30888
section 3743.44 or 3743.45 of the Revised Code, at a storage	30889
location approved under this section.	30890

(I) A licensee shall prohibit public access to all storage	30891
locations it uses. The fire marshal shall adopt rules establishing	30892
acceptable measures a wholesaler shall use to prohibit access to	30893
storage sites.	30894

(J) The fire marshal shall not place the license of a	30895
wholesaler of fireworks in temporarily inactive status while the	30896
holder of the license is attempting to qualify to retain the	30897
license.	30898

(K) Each licensed wholesaler of fireworks or a designee of	30899
the wholesaler, whose identity is provided to the fire marshal by	30900
the wholesaler, annually shall attend a continuing education	30901
program consisting of not less than eight hours of instruction.	30902
The fire marshal shall develop the program and the fire marshal or	30903
a person or public agency approved by the fire marshal shall	30904
conduct it. A licensed wholesaler or the wholesaler's designee who	30905
attends a program as required under this division, within one year	30906
after attending the program, shall conduct in-service training for	30907
other employees of the licensed wholesaler regarding the	30908
information obtained in the program. A licensed wholesaler shall	30909
provide the fire marshal with notice of the date, time, and place	30910
of all in-service training not less than thirty days prior to an	30911
in-service training event.	30912

(L) A licensed wholesaler shall maintain comprehensive	30913
general liability insurance coverage in the amount and type	30914
specified under division (B)(2) of section 3743.15 of the Revised	30915
Code at all times. Each policy of insurance required under this	30916
division shall contain a provision requiring the insurer to give	30917
not less than fifteen days' prior written notice to the fire	30918
marshal before termination, lapse, or cancellation of the policy,	30919
or any change in the policy that reduces the coverage below the	30920
minimum required under this division. Prior to canceling or	30921
reducing the amount of coverage of any comprehensive general	30922
liability insurance coverage required under this division, a	30923
licensed wholesaler shall secure supplemental insurance in an	30924
amount and type that satisfies the requirements of this division	30925
so that no lapse in coverage occurs at any time. A licensed	30926
wholesaler who secures supplemental insurance shall file evidence	30927
of the supplemental insurance with the fire marshal prior to	30928
canceling or reducing the amount of coverage of any comprehensive	30929
general liability insurance coverage required under this division.	30930

Sec. 3743.19. In addition to conforming to the rules of the	30931
fire marshal adopted pursuant to section 3743.18 of the Revised	30932
Code, licensed wholesalers of fireworks shall conduct their	30933
business operations in accordance with the following:	30934

(A) A wholesaler shall conduct its business operations from	30935
the location described in its application for licensure or in a	30936
notification submitted under division (B) of section 3743.17 of	30937
the Revised Code.	30938

(B) Signs indicating that smoking is generally forbidden and	30939
trespassing is prohibited on the premises of a wholesaler shall be	30940
posted on the premises as determined by the fire marshal.	30941

(C) Reasonable precautions shall be taken to protect the	30942
premises of a wholesaler from trespass, loss, theft, or	30943
destruction.	30944

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	30945
matches, lighters, other flame-producing items, or open flame on,	30946
or the carrying of a concealed source of ignition into, the	30947
premises of a wholesaler is prohibited, except that a wholesaler	30948
may permit smoking in specified lunchrooms or restrooms in	30949
buildings or other structures in which no sales, handling, or	30950
storage of fireworks takes place. "NO SMOKING" signs shall be	30951
posted on the premises as required by the fire marshal.	30952

(E) Fire and explosion prevention and other reasonable safety	30953
measures and precautions shall be implemented by a wholesaler.	30954

(F) Persons shall not be permitted to have in their	30955
possession or under their control, while they are on the premises	30956
of a wholesaler, any intoxicating liquor, beer, or controlled	30957
substance, and they shall not be permitted to enter or remain on	30958
the premises if they are found to be under the influence of any	30959
intoxicating liquor, beer, or controlled substance.	30960

(G) A wholesaler shall conform to all building, safety, and	30961
zoning statutes, ordinances, rules, or other enactments that apply	30962
to its premises.	30963

(H) Each building used in the sale of fireworks shall be kept	30964
open to the public for at least four hours each day between the	30965
hours of eight a.m. and five p.m., five days of each week, every	30966
week of the year. Upon application from a licensed wholesaler, the	30967
fire marshal may waive any of the requirements of this division.	30968

(I) Awnings, tents, or canopies shall not be used as	30969
facilities for the storage or sale of fireworks. This division	30970
does not prohibit the use of an awning or canopy attached to a	30971
public access showroom for storing nonflammable shopping	30972
convenience items such as shopping carts or baskets or providing a	30973
shaded area for patrons waiting to enter the public sales area.	30974

(J) Fireworks may be stored in trailers if the trailers are	30975
properly enclosed, secured, and grounded and are separated from	30976
any structure to which the public is admitted by a distance that	30977
will, in the fire marshal's judgment, allow fire-fighting	30978
equipment to have full access to the structures on the licensed	30979
premises. Such trailers may be moved into closer proximity to any	30980
structure only to accept or discharge cargo for a period not to	30981
exceed forty-eight hours. Only two such trailers may be placed in	30982
such closer proximity at any one time. At no time may trailers be	30983
used for conducting sales of any class of fireworks nor may	30984
members of the public have access to the trailers.	30985

Storage areas for fireworks that are in the same building	30986
where fireworks are displayed and sold to the public shall be	30987
separated from the areas to which the public has access by an	30988
appropriately rated fire barrier wall.	30989

(K) A fire suppression system as defined in section 3781.108	30990
of the Revised Code may be turned off only for repair, drainage of	30991
the system to prevent damage by freezing during the period of	30992
time, approved by the fire marshal under division (I) of this	30993
section, that the facility is closed to public access during	30994
winter months, or maintenance of the system. If any repair or	30995
maintenance is necessary during times when the facility is open	30996
for public access and business, the licensed wholesaler shall	30997
notify in advance the appropriate insurance company and fire chief	30998
or fire prevention officer regarding the nature of the maintenance	30999
or repair and the time when it will be performed.	31000

(L) If any fireworks item is removed from its original	31001
package or is manufactured with any fuse other than a fuse	31002
approved by the consumer product safety commission, then the item	31003
shall be covered completely by repackaging or bagging or it shall	31004
otherwise be covered so as to prevent ignition prior to sale.	31005

(M) A safety officer shall be present during regular business	31006
hours at a building open to the public during the period	31007
commencing fourteen days before, and ending two days after, each	31008
fourth day of July. The officer shall be highly visible, enforce	31009
this chapter and any applicable building codes to the extent the	31010
officer is authorized by law, and be one of the following:	31011

(1) A deputy sheriff;

31012

(2) A law enforcement officer of a municipal corporation,	31013
township, or township or joint township police district;	31014

(3) A private uniformed security guard registered under	31015
section 4749.06 of the Revised Code.	31016

(N) All doors of all buildings on the licensed premises shall	31017
swing outward.	31018

(O) All wholesale and commercial sales of fireworks shall be	31019
packaged, shipped, placarded, and transported in accordance with	31020
United States department of transportation regulations applicable	31021
to the transportation, and the offering for transportation, of	31022
hazardous materials. For purposes of this division, "wholesale and	31023
commercial sales" includes all sales for resale and any nonretail	31024
sale made in furtherance of a commercial enterprise. For purposes	31025
of enforcement of these regulations under section 4905.83 of the	31026
Revised Code, any sales transaction exceeding one thousand pounds	31027
shall be rebuttably presumed to be a wholesale or commercial sale.	31028

Sec. 3743.25. (A) A licensed manufacturer, wholesaler, or	31029
exhibitor shall bring fireworks showroom structures, to which the	31030
public may have any access and in which employees are required to	31031
work, on all licensed premises, into compliance with the following	31032
safety requirements:	31033

(1) AExcept as otherwise provided in division (A)(1) of this	31034
section, a fireworks showroom that is constructed or upon which	31035
expansion is undertaken on and after ~~the effective date of this~~	31036
~~section~~June 30, 1997, shall be equipped with interlinked fire	31037
detection, fire suppression, smoke exhaust, and smoke evacuation	31038
systems that are approved by the superintendent of the division of	31039
industrial compliance in the department of commerce. Division	31040
(A)(1) of this section does not apply if a licensee conducts sales	31041
only on the basis of defused representative samples in closed and	31042
covered displays within a fireworks showroom.	31043

(2) A fireworks showroom that first begins to operate on or	31044
after ~~the effective date of this section~~June 30, 1997, and to	31045
which the public has access for retail purposes shall not exceed	31046
five thousand square feet in floor area.	31047

(3) A fireworks showroom structure that exists on ~~the~~	31048
~~effective date of this section~~June 30, 1997, but that, on or	31049
after ~~the effective date of this section~~June 30, 1997, is altered	31050
or added to in a manner requiring the submission of plans,	31051
drawings, specifications, or data pursuant to section 3791.04 of	31052
the Revised Code, shall comply with a graphic floor plan layout	31053
that is approved by the fire marshal and superintendent of the	31054
division of industrial compliance showing width of aisles,	31055
parallel arrangement of aisles to exits, number of exits per wall,	31056
maximum occupancy load, evacuation plan for occupants, height of	31057
storage or display of merchandise, and other information as may be	31058
required by the fire marshal and superintendent.	31059

(4)(a) Except as provided in division (A)(4)(b) of this	31060
section, a fireworks showroom structure that exists on ~~the~~	31061
~~effective date of this section~~June 30, 1997, shall be retrofitted	31062
on or before June 1, 1998, with interlinked fire detection, smoke	31063
exhaust, and smoke evacuation systems that are approved by the	31064
superintendent of the division of industrial compliance.	31065

(b) If meeting the retrofitting requirements set forth in	31066
division (A)(4)(a) of this section would constitute an extreme	31067
financial hardship that would force a licensee to terminate	31068
business operations or if a licensee voluntarily so elects, the	31069
licensee shall conduct sales only on the basis of ~~de-fused~~defused	31070
representative samples in closed and covered displays within the	31071
fireworks showroom, in which case division (A)(1) of this section	31072
does not apply.	31073

(5) A fireworks showroom structure that exists on ~~the~~	31074
~~effective date of this section~~June 30, 1997, shall be in	31075
compliance on or before June 1, 1998, with floor plans showing	31076
occupancy load limits and internal circulation and egress patterns	31077
that are approved by the fire marshal and superintendent of	31078
industrial compliance, and that are submitted under seal as	31079
required by section 3791.04 of the Revised Code.	31080

(B) The safety requirements established in division (A) of	31081
this section are not subject to any variance, waiver, or exclusion	31082
pursuant to this chapter or any applicable building code.	31083

Sec. 3743.75. (A) During the period beginning on June 29,	31084
2001, and ending on December 15, ~~2008~~2011, the state fire marshal	31085
shall not do any of the following:	31086

(1) Issue a license as a manufacturer of fireworks under	31087
sections 3743.02 and 3743.03 of the Revised Code to a person for a	31088
particular fireworks plant unless that person possessed such a	31089
license for that fireworks plant immediately prior to June 29,	31090
2001;	31091

(2) Issue a license as a wholesaler of fireworks under	31092
sections 3743.15 and 3743.16 of the Revised Code to a person for a	31093
particular location unless that person possessed such a license	31094
for that location immediately prior to June 29, 2001;	31095

(3) Except as provided in division (B) of this section,	31096
approve the geographic transfer of a license as a manufacturer or	31097
wholesaler of fireworks issued under this chapter to any location	31098
other than a location for which a license was issued under this	31099
chapter immediately prior to June 29, 2001.	31100

(B) Division (A)(3) of this section does not apply to a	31101
transfer that the state fire marshal approves under division (F)	31102
of section 3743.17 of the Revised Code.	31103

(C) Notwithstanding section 3743.59 of the Revised Code, the	31104
prohibited activities established in divisions (A)(1) and (2) of	31105
this section, geographic transfers approved pursuant to division	31106
(F) of section 3743.17 of the Revised Code, and storage locations	31107
allowed pursuant to division (I) of section 3743.04 of the Revised	31108
Code or division (G) of section 3743.17 of the Revised Code are	31109
not subject to any variance, waiver, or exclusion.	31110

(D) As used in division (A) of this section:

31111

(1) "Person" includes any person or entity, in whatever form	31112
or name, that acquires possession of a manufacturer or wholesaler	31113
of fireworks license issued pursuant to this chapter by transfer	31114
of possession of a license, whether that transfer occurs by	31115
purchase, assignment, inheritance, bequest, stock transfer, or any	31116
other type of transfer, on the condition that the transfer is in	31117
accordance with division (D) of section 3743.04 of the Revised	31118
Code or division (D) of section 3743.17 of the Revised Code and is	31119
approved by the fire marshal.	31120

(2) "Particular location" includes a licensed premises and,	31121
regardless of when approved, any storage location approved in	31122
accordance with section 3743.04 or 3743.17 of the Revised Code.	31123

(3) "Such a license" includes a wholesaler of fireworks	31124
license that was issued in place of a manufacturer of fireworks	31125
license that existed prior to June 29, 2001, and was requested to	31126
be canceled by the license holder pursuant to division (D) of	31127
section 3743.03 of the Revised Code.	31128

Sec. 3745.11. (A) Applicants for and holders of permits,	31129
licenses, variances, plan approvals, and certifications issued by	31130
the director of environmental protection pursuant to Chapters	31131
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	31132
to the environmental protection agency for each such issuance and	31133
each application for an issuance as provided by this section. No	31134
fee shall be charged for any issuance for which no application has	31135
been submitted to the director.	31136

(B) Each person who is issued a permit to install prior to	31137
July 1, 2003, pursuant to rules adopted under division (F) of	31138
section 3704.03 of the Revised Code shall pay the fees specified	31139
in the following schedules:	31140

(1) Fuel-burning equipment (boilers)

31141

Input capacity (maximum)					31142
(million British thermal units per hour)		Permit to install			31143

Greater than 0, but less than 10	$ 200	31144
10 or more, but less than 100	400	31145
100 or more, but less than 300	800	31146
300 or more, but less than 500	1500	31147
500 or more, but less than 1000	2500	31148
1000 or more, but less than 5000	4000	31149
5000 or more	6000	31150

Units burning exclusively natural gas, number two fuel oil,	31151
or both shall be assessed a fee that is one-half of the applicable	31152
amount established in division (F)(1) of this section.	31153

(2) Incinerators

31154

Input capacity (pounds per hour)

Permit to install

31155

0 to 100	$ 100	31156
101 to 500	400	31157
501 to 2000	750	31158
2001 to 20,000	1000	31159
more than 20,000	2500	31160

(3)(a) Process

31161

Process weight rate (pounds per hour)

Permit to install

31162

0 to 1000	$ 200	31163
1001 to 5000	400	31164
5001 to 10,000	600	31165
10,001 to 50,000	800	31166
more than 50,000	1000	31167

In any process where process weight rate cannot be	31168
ascertained, the minimum fee shall be assessed.	31169

(b) Notwithstanding division (B)(3)(a) of this section, any	31170
person issued a permit to install pursuant to rules adopted under	31171
division (F) of section 3704.03 of the Revised Code shall pay the	31172
fees established in division (B)(3)(c) of this section for a	31173
process used in any of the following industries, as identified by	31174
the applicable four-digit standard industrial classification code	31175
according to the Standard Industrial Classification Manual	31176
published by the United States office of management and budget in	31177
the executive office of the president, 1972, as revised:	31178

1211 Bituminous coal and lignite mining;

31179

1213 Bituminous coal and lignite mining services;

31180

1411 Dimension stone;

31181

1422 Crushed and broken limestone;

31182

1427 Crushed and broken stone, not elsewhere classified;

31183

1442 Construction sand and gravel;

31184

1446 Industrial sand;

31185

3281 Cut stone and stone products;

31186

3295 Minerals and earth, ground or otherwise treated.

31187

(c) The fees established in the following schedule apply to	31188
the issuance of a permit to install pursuant to rules adopted	31189
under division (F) of section 3704.03 of the Revised Code for a	31190
process listed in division (B)(3)(b) of this section:	31191

Process weight rate (pounds per hour)

Permit to install

31192

0 to 1000	$ 200	31193
10,001 to 50,000	300	31194
50,001 to 100,000	400	31195
100,001 to 200,000	500	31196
200,001 to 400,000	600	31197
400,001 or more	700	31198

(4) Storage tanks

31199

Gallons (maximum useful capacity)

Permit to install

31200

0 to 20,000	$ 100	31201
20,001 to 40,000	150	31202
40,001 to 100,000	200	31203
100,001 to 250,000	250	31204
250,001 to 500,000	350	31205
500,001 to 1,000,000	500	31206
1,000,001 or greater	750	31207

(5) Gasoline/fuel dispensing facilities

31208

For each gasoline/fuel dispensing		Permit to install			31209
facility		$ 100			31210

(6) Dry cleaning facilities

31211

For each dry cleaning facility		Permit to install			31212
(includes all units at the facility)		$ 100			31213

(7) Registration status

31214

For each source covered		Permit to install			31215
by registration status		$ 75			31216

(C)(1) Except as otherwise provided in division (C)(2) of	31217
this section, beginning July 1, 1994, each person who owns or	31218
operates an air contaminant source and who is required to apply	31219
for and obtain a Title V permit under section 3704.036 of the	31220
Revised Code shall pay the fees set forth in division (C)(1) of	31221
this section. For the purposes of that division, total emissions	31222
of air contaminants may be calculated using engineering	31223
calculations, emissions factors, material balance calculations, or	31224
performance testing procedures, as authorized by the director.	31225

The following fees shall be assessed on the total actual	31226
emissions from a source in tons per year of the regulated	31227
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	31228
organic compounds, and lead:	31229

(a) Fifteen dollars per ton on the total actual emissions of	31230
each such regulated pollutant during the period July through	31231
December 1993, to be collected no sooner than July 1, 1994;	31232

(b) Twenty dollars per ton on the total actual emissions of	31233
each such regulated pollutant during calendar year 1994, to be	31234
collected no sooner than April 15, 1995;	31235

(c) Twenty-five dollars per ton on the total actual emissions	31236
of each such regulated pollutant in calendar year 1995, and each	31237
subsequent calendar year, to be collected no sooner than the	31238
fifteenth day of April of the year next succeeding the calendar	31239
year in which the emissions occurred.	31240

The fees levied under division (C)(1) of this section do not	31241
apply to that portion of the emissions of a regulated pollutant at	31242
a facility that exceed four thousand tons during a calendar year.	31243

(2) The fees assessed under division (C)(1) of this section	31244
are for the purpose of providing funding for the Title V permit	31245
program.	31246

(3) The fees assessed under division (C)(1) of this section	31247
do not apply to emissions from any electric generating unit	31248
designated as a Phase I unit under Title IV of the federal Clean	31249
Air Act prior to calendar year 2000. Those fees shall be assessed	31250
on the emissions from such a generating unit commencing in	31251
calendar year 2001 based upon the total actual emissions from the	31252
generating unit during calendar year 2000 and shall continue to be	31253
assessed each subsequent calendar year based on the total actual	31254
emissions from the generating unit during the preceding calendar	31255
year.	31256

(4) The director shall issue invoices to owners or operators	31257
of air contaminant sources who are required to pay a fee assessed	31258
under division (C) or (D) of this section. Any such invoice shall	31259
be issued no sooner than the applicable date when the fee first	31260
may be collected in a year under the applicable division, shall	31261
identify the nature and amount of the fee assessed, and shall	31262
indicate that the fee is required to be paid within thirty days	31263
after the issuance of the invoice.	31264

(D)(1) Except as provided in division (D)(3) of this section,	31265
from January 1, 1994, through December 31, 2003, each person who	31266
owns or operates an air contaminant source; who is required to	31267
apply for a permit to operate pursuant to rules adopted under	31268
division (G), or a variance pursuant to division (H), of section	31269
3704.03 of the Revised Code; and who is not required to apply for	31270
and obtain a Title V permit under section 3704.036 of the Revised	31271
Code shall pay a single fee based upon the sum of the actual	31272
annual emissions from the facility of the regulated pollutants	31273
particulate matter, sulfur dioxide, nitrogen oxides, organic	31274
compounds, and lead in accordance with the following schedule:	31275

Total tons per year		31276
of regulated pollutants	Annual fee	31277
emitted	per facility	31278
More than 0, but less than 50	$ 75	31279
50 or more, but less than 100	300	31280
100 or more	700	31281

(2) Except as provided in division (D)(3) of this section,	31282
beginning January 1, 2004, each person who owns or operates an air	31283
contaminant source; who is required to apply for a permit to	31284
operate pursuant to rules adopted under division (G), or a	31285
variance pursuant to division (H), of section 3704.03 of the	31286
Revised Code; and who is not required to apply for and obtain a	31287
Title V permit under section 3704.03 of the Revised Code shall pay	31288
a single fee based upon the sum of the actual annual emissions	31289
from the facility of the regulated pollutants particulate matter,	31290
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	31291
accordance with the following schedule:	31292

Total tons per year		31293
of regulated pollutants	Annual fee	31294
emitted	per facility	31295
More than 0, but less than 10	$ 100	31296
10 or more, but less than 50	200	31297
50 or more, but less than 100	300	31298
100 or more	700	31299

(3)(a) As used in division (D) of this section, "synthetic	31300
minor facility" means a facility for which one or more permits to	31301
install or permits to operate have been issued for the air	31302
contaminant sources at the facility that include terms and	31303
conditions that lower the facility's potential to emit air	31304
contaminants below the major source thresholds established in	31305
rules adopted under section 3704.036 of the Revised Code.	31306

(b) Beginning January 1, 2000, through June 30, ~~2008~~2010,	31307
each person who owns or operates a synthetic minor facility shall	31308
pay an annual fee based on the sum of the actual annual emissions	31309
from the facility of particulate matter, sulfur dioxide, nitrogen	31310
dioxide, organic compounds, and lead in accordance with the	31311
following schedule:	31312

Combined total tons		31313
per year of all regulated	Annual fee	31314
pollutants emitted	per facility	31315

Less than 10	$ 170	31316
10 or more, but less than 20	340	31317
20 or more, but less than 30	670	31318
30 or more, but less than 40	1,010	31319
40 or more, but less than 50	1,340	31320
50 or more, but less than 60	1,680	31321
60 or more, but less than 70	2,010	31322
70 or more, but less than 80	2,350	31323
80 or more, but less than 90	2,680	31324
90 or more, but less than 100	3,020	31325
100 or more	3,350	31326

(4) The fees assessed under division (D)(1) of this section	31327
shall be collected annually no sooner than the fifteenth day of	31328
April, commencing in 1995. The fees assessed under division	31329
(D)(2) of this section shall be collected annually no sooner than	31330
the fifteenth day of April, commencing in 2005. The fees assessed	31331
under division (D)(3) of this section shall be collected no sooner	31332
than the fifteenth day of April, commencing in 2000. The fees	31333
assessed under division (D) of this section in a calendar year	31334
shall be based upon the sum of the actual emissions of those	31335
regulated pollutants during the preceding calendar year. For the	31336
purpose of division (D) of this section, emissions of air	31337
contaminants may be calculated using engineering calculations,	31338
emission factors, material balance calculations, or performance	31339
testing procedures, as authorized by the director. The director,	31340
by rule, may require persons who are required to pay the fees	31341
assessed under division (D) of this section to pay those fees	31342
biennially rather than annually.	31343

(E)(1) Consistent with the need to cover the reasonable costs	31344
of the Title V permit program, the director annually shall	31345
increase the fees prescribed in division (C)(1) of this section by	31346
the percentage, if any, by which the consumer price index for the	31347
most recent calendar year ending before the beginning of a year	31348
exceeds the consumer price index for calendar year 1989. Upon	31349
calculating an increase in fees authorized by division (E)(1) of	31350
this section, the director shall compile revised fee schedules for	31351
the purposes of division (C)(1) of this section and shall make the	31352
revised schedules available to persons required to pay the fees	31353
assessed under that division and to the public.	31354

(2) For the purposes of division (E)(1) of this section:

31355

(a) The consumer price index for any year is the average of	31356
the consumer price index for all urban consumers published by the	31357
United States department of labor as of the close of the	31358
twelve-month period ending on the thirty-first day of August of	31359
that year.	31360

(b) If the 1989 consumer price index is revised, the director	31361
shall use the revision of the consumer price index that is most	31362
consistent with that for calendar year 1989.	31363

(F) Each person who is issued a permit to install pursuant to	31364
rules adopted under division (F) of section 3704.03 of the Revised	31365
Code on or after July 1, 2003, shall pay the fees specified in the	31366
following schedules:	31367

(1) Fuel-burning equipment (boilers, furnaces, or process	31368
heaters used in the process of burning fuel for the primary	31369
purpose of producing heat or power by indirect heat transfer)	31370

Input capacity (maximum)		31371
(million British thermal units per hour)	Permit to install	31372
Greater than 0, but less than 10	$ 200	31373
10 or more, but less than 100	400	31374
100 or more, but less than 300	1000	31375
300 or more, but less than 500	2250	31376
500 or more, but less than 1000	3750	31377
1000 or more, but less than 5000	6000	31378
5000 or more	9000	31379

Units burning exclusively natural gas, number two fuel oil,	31380
or both shall be assessed a fee that is one-half the applicable	31381
amount shown in division (F)(1) of this section.	31382

(2) Combustion turbines and stationary internal combustion	31383
engines designed to generate electricity	31384

Generating capacity (mega watts)	Permit to install	31385
0 or more, but less than 10	$ 25	31386
10 or more, but less than 25	150	31387
25 or more, but less than 50	300	31388
50 or more, but less than 100	500	31389
100 or more, but less than 250	1000	31390
250 or more	2000	31391

(3) Incinerators

31392

Input capacity (pounds per hour)	Permit to install	31393
0 to 100	$ 100	31394
101 to 500	500	31395
501 to 2000	1000	31396
2001 to 20,000	1500	31397
more than 20,000	3750	31398

(4)(a) Process

31399

Process weight rate (pounds per hour)	Permit to install	31400
0 to 1000	$ 200	31401
1001 to 5000	500	31402
5001 to 10,000	750	31403
10,001 to 50,000	1000	31404
more than 50,000	1250	31405

In any process where process weight rate cannot be	31406
ascertained, the minimum fee shall be assessed. A boiler, furnace,	31407
combustion turbine, stationary internal combustion engine, or	31408
process heater designed to provide direct heat or power to a	31409
process not designed to generate electricity shall be assessed a	31410
fee established in division (F)(4)(a) of this section. A	31411
combustion turbine or stationary internal combustion engine	31412
designed to generate electricity shall be assessed a fee	31413
established in division (F)(2) of this section.	31414

(b) Notwithstanding division (F)(4)(a) of this section, any	31415
person issued a permit to install pursuant to rules adopted under	31416
division (F) of section 3704.03 of the Revised Code shall pay the	31417
fees set forth in division (F)(4)(c) of this section for a process	31418
used in any of the following industries, as identified by the	31419
applicable two-digit, three-digit, or four-digit standard	31420
industrial classification code according to the Standard	31421
Industrial Classification Manual published by the United States	31422
office of management and budget in the executive office of the	31423
president, 1987, as revised:	31424

Major group 10, metal mining;

31425

Major group 12, coal mining;

31426

Major group 14, mining and quarrying of nonmetallic minerals;

31427

Industry group 204, grain mill products;

31428

2873 Nitrogen fertilizers;

31429

2874 Phosphatic fertilizers;

31430

3281 Cut stone and stone products;

31431

3295 Minerals and earth, ground or otherwise treated;

31432

4221 Grain elevators (storage only);

31433

5159 Farm related raw materials;

31434

5261 Retail nurseries and lawn and garden supply stores.

31435

(c) The fees set forth in the following schedule apply to the	31436
issuance of a permit to install pursuant to rules adopted under	31437
division (F) of section 3704.03 of the Revised Code for a process	31438
identified in division (F)(4)(b) of this section:	31439

Process weight rate (pounds per hour)	Permit to install	31440
0 to 10,000	$ 200	31441
10,001 to 50,000	400	31442
50,001 to 100,000	500	31443
100,001 to 200,000	600	31444
200,001 to 400,000	750	31445
400,001 or more	900	31446

(5) Storage tanks

31447

Gallons (maximum useful capacity)	Permit to install	31448
0 to 20,000	$ 100	31449
20,001 to 40,000	150	31450
40,001 to 100,000	250	31451
100,001 to 500,000	400	31452
500,001 or greater	750	31453

(6) Gasoline/fuel dispensing facilities

31454

For each gasoline/fuel		31455
dispensing facility (includes all	Permit to install	31456
units at the facility)	$ 100	31457

(7) Dry cleaning facilities

31458

For each dry cleaning		31459
facility (includes all units	Permit to install	31460
at the facility)	$ 100	31461

(8) Registration status

31462

For each source covered			Permit to install			31463
by registration status			$ 75			31464

(G) An owner or operator who is responsible for an asbestos	31465
demolition or renovation project pursuant to rules adopted under	31466
section 3704.03 of the Revised Code shall pay the fees set forth	31467
in the following schedule:	31468

Action	Fee	31469
Each notification	$75	31470
Asbestos removal	$3/unit	31471
Asbestos cleanup	$4/cubic yard	31472

For purposes of this division, "unit" means any combination of	31473
linear feet or square feet equal to fifty.	31474

(H) A person who is issued an extension of time for a permit	31475
to install an air contaminant source pursuant to rules adopted	31476
under division (F) of section 3704.03 of the Revised Code shall	31477
pay a fee equal to one-half the fee originally assessed for the	31478
permit to install under this section, except that the fee for such	31479
an extension shall not exceed two hundred dollars.	31480

(I) A person who is issued a modification to a permit to	31481
install an air contaminant source pursuant to rules adopted under	31482
section 3704.03 of the Revised Code shall pay a fee equal to	31483
one-half of the fee that would be assessed under this section to	31484
obtain a permit to install the source. The fee assessed by this	31485
division only applies to modifications that are initiated by the	31486
owner or operator of the source and shall not exceed two thousand	31487
dollars.	31488

(J) Notwithstanding division (B) or (F) of this section, a	31489
person who applies for or obtains a permit to install pursuant to	31490
rules adopted under division (F) of section 3704.03 of the Revised	31491
Code after the date actual construction of the source began shall	31492
pay a fee for the permit to install that is equal to twice the fee	31493
that otherwise would be assessed under the applicable division	31494
unless the applicant received authorization to begin construction	31495
under division (W) of section 3704.03 of the Revised Code. This	31496
division only applies to sources for which actual construction of	31497
the source begins on or after July 1, 1993. The imposition or	31498
payment of the fee established in this division does not preclude	31499
the director from taking any administrative or judicial	31500
enforcement action under this chapter, Chapter 3704., 3714.,	31501
3734., or 6111. of the Revised Code, or a rule adopted under any	31502
of them, in connection with a violation of rules adopted under	31503
division (F) of section 3704.03 of the Revised Code.	31504

As used in this division, "actual construction of the source"	31505
means the initiation of physical on-site construction activities	31506
in connection with improvements to the source that are permanent	31507
in nature, including, without limitation, the installation of	31508
building supports and foundations and the laying of underground	31509
pipework.	31510

(K) Fifty cents per ton of each fee assessed under division	31511
(C) of this section on actual emissions from a source and received	31512
by the environmental protection agency pursuant to that division	31513
shall be deposited into the state treasury to the credit of the	31514
small business assistance fund created in section 3706.19 of the	31515
Revised Code. The remainder of the moneys received by the division	31516
pursuant to that division and moneys received by the agency	31517
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	31518
section shall be deposited in the state treasury to the credit of	31519
the clean air fund created in section 3704.035 of the Revised	31520
Code.	31521

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	31522
or (c) of this section, a person issued a water discharge permit	31523
or renewal of a water discharge permit pursuant to Chapter 6111.	31524
of the Revised Code shall pay a fee based on each point source to	31525
which the issuance is applicable in accordance with the following	31526
schedule:	31527

Design flow discharge (gallons per day)	Fee	31528
0 to 1000	$ 0	31529
1,001 to 5000	100	31530
5,001 to 50,000	200	31531
50,001 to 100,000	300	31532
100,001 to 300,000	525	31533
over 300,000	750	31534

(b) Notwithstanding the fee schedule specified in division	31535
(L)(1)(a) of this section, the fee for a water discharge permit	31536
that is applicable to coal mining operations regulated under	31537
Chapter 1513. of the Revised Code shall be two hundred fifty	31538
dollars per mine.	31539

(c) Notwithstanding the fee schedule specified in division	31540
(L)(1)(a) of this section, the fee for a water discharge permit	31541
for a public discharger identified by I in the third character of	31542
the permittee's NPDES permit number shall not exceed seven hundred	31543
fifty dollars.	31544

(2) A person applying for a plan approval for a wastewater	31545
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	31546
of the Revised Code shall pay a fee of one hundred dollars plus	31547
sixty-five one-hundredths of one per cent of the estimated project	31548
cost through June 30, ~~2008~~2010, and one hundred dollars plus	31549
two-tenths of one per cent of the estimated project cost on and	31550
after July 1, ~~2008~~2010, except that the total fee shall not	31551
exceed fifteen thousand dollars through June 30, ~~2008~~2010, and	31552
five thousand dollars on and after July 1, ~~2008~~2010. The fee	31553
shall be paid at the time the application is submitted.	31554

(3) A person issued a modification of a water discharge	31555
permit shall pay a fee equal to one-half the fee that otherwise	31556
would be charged for a water discharge permit, except that the fee	31557
for the modification shall not exceed four hundred dollars.	31558

(4) A person who has entered into an agreement with the	31559
director under section 6111.14 of the Revised Code shall pay an	31560
administrative service fee for each plan submitted under that	31561
section for approval that shall not exceed the minimum amount	31562
necessary to pay administrative costs directly attributable to	31563
processing plan approvals. The director annually shall calculate	31564
the fee and shall notify all persons who have entered into	31565
agreements under that section, or who have applied for agreements,	31566
of the amount of the fee.	31567

(5)(a)(i) Not later than January 30, ~~2006~~2008, and January	31568
30, ~~2007~~2009, a person holding an NPDES discharge permit issued	31569
pursuant to Chapter 6111. of the Revised Code with an average	31570
daily discharge flow of five thousand gallons or more shall pay a	31571
nonrefundable annual discharge fee. Any person who fails to pay	31572
the fee at that time shall pay an additional amount that equals	31573
ten per cent of the required annual discharge fee.	31574

(ii) The billing year for the annual discharge fee	31575
established in division (L)(5)(a)(i) of this section shall consist	31576
of a twelve-month period beginning on the first day of January of	31577
the year preceding the date when the annual discharge fee is due.	31578
In the case of an existing source that permanently ceases to	31579
discharge during a billing year, the director shall reduce the	31580
annual discharge fee, including the surcharge applicable to	31581
certain industrial facilities pursuant to division (L)(5)(c) of	31582
this section, by one-twelfth for each full month during the	31583
billing year that the source was not discharging, but only if the	31584
person holding the NPDES discharge permit for the source notifies	31585
the director in writing, not later than the first day of October	31586
of the billing year, of the circumstances causing the cessation of	31587
discharge.	31588

(iii) The annual discharge fee established in division	31589
(L)(5)(a)(i) of this section, except for the surcharge applicable	31590
to certain industrial facilities pursuant to division (L)(5)(c) of	31591
this section, shall be based upon the average daily discharge flow	31592
in gallons per day calculated using first day of May through	31593
thirty-first day of October flow data for the period two years	31594
prior to the date on which the fee is due. In the case of NPDES	31595
discharge permits for new sources, the fee shall be calculated	31596
using the average daily design flow of the facility until actual	31597
average daily discharge flow values are available for the time	31598
period specified in division (L)(5)(a)(iii) of this section. The	31599
annual discharge fee may be prorated for a new source as described	31600
in division (L)(5)(a)(ii) of this section.	31601

(b) An NPDES permit holder that is a public discharger shall	31602
pay the fee specified in the following schedule:	31603

Average daily	Fee due by	31604
discharge flow	January 30,	31605
	~~2006~~ 2008, and	31606
	January 30, ~~2007~~ 2009	31607

5,000 to 49,999	$ 200	31608
50,000 to 100,000	500	31609
100,001 to 250,000	1,050	31610
250,001 to 1,000,000	2,600	31611
1,000,001 to 5,000,000	5,200	31612
5,000,001 to 10,000,000	10,350	31613
10,000,001 to 20,000,000	15,550	31614
20,000,001 to 50,000,000	25,900	31615
50,000,001 to 100,000,000	41,400	31616
100,000,001 or more	62,100	31617

Public dischargers owning or operating two or more publicly	31618
owned treatment works serving the same political subdivision, as	31619
"treatment works" is defined in section 6111.01 of the Revised	31620
Code, and that serve exclusively political subdivisions having a	31621
population of fewer than one hundred thousand shall pay an annual	31622
discharge fee under division (L)(5)(b) of this section that is	31623
based on the combined average daily discharge flow of the	31624
treatment works.	31625

(c) An NPDES permit holder that is an industrial discharger,	31626
other than a coal mining operator identified by P in the third	31627
character of the permittee's NPDES permit number, shall pay the	31628
fee specified in the following schedule:	31629

Average daily	Fee due by	31630
discharge flow	January 30,	31631
	~~2006~~ 2008, and	31632
	January 30, ~~2007~~ 2009	31633

5,000 to 49,999	$ 250	31634
50,000 to 250,000	1,200	31635
250,001 to 1,000,000	2,950	31636
1,000,001 to 5,000,000	5,850	31637
5,000,001 to 10,000,000	8,800	31638
10,000,001 to 20,000,000	11,700	31639
20,000,001 to 100,000,000	14,050	31640
100,000,001 to 250,000,000	16,400	31641
250,000,001 or more	18,700	31642

In addition to the fee specified in the above schedule, an	31643
NPDES permit holder that is an industrial discharger classified as	31644
a major discharger during all or part of the annual discharge fee	31645
billing year specified in division (L)(5)(a)(ii) of this section	31646
shall pay a nonrefundable annual surcharge of seven thousand five	31647
hundred dollars not later than January 30, ~~2006~~2008, and not	31648
later than January 30, ~~2007~~2009. Any person who fails to pay the	31649
surcharge at that time shall pay an additional amount that equals	31650
ten per cent of the amount of the surcharge.	31651

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	31652
section, a public discharger identified by I in the third	31653
character of the permittee's NPDES permit number and an industrial	31654
discharger identified by I, J, L, V, W, X, Y, or Z in the third	31655
character of the permittee's NPDES permit number shall pay a	31656
nonrefundable annual discharge fee of one hundred eighty dollars	31657
not later than January 30, ~~2006~~2008, and not later than January	31658
30, ~~2007~~2009. Any person who fails to pay the fee at that time	31659
shall pay an additional amount that equals ten per cent of the	31660
required fee.	31661

(6) Each person obtaining a national pollutant discharge	31662
elimination system general or individual permit for municipal	31663
storm water discharge shall pay a nonrefundable storm water	31664
discharge fee of one hundred dollars per square mile of area	31665
permitted. The fee shall not exceed ten thousand dollars and shall	31666
be payable on or before January 30, 2004, and the thirtieth day of	31667
January of each year thereafter. Any person who fails to pay the	31668
fee on the date specified in division (L)(6) of this section shall	31669
pay an additional amount per year equal to ten per cent of the	31670
annual fee that is unpaid.	31671

(7) The director shall transmit all moneys collected under	31672
division (L) of this section to the treasurer of state for deposit	31673
into the state treasury to the credit of the surface water	31674
protection fund created in section 6111.038 of the Revised Code.	31675

(8) As used in division (L) of this section:

31676

(a) "NPDES" means the federally approved national pollutant	31677
discharge elimination system program for issuing, modifying,	31678
revoking, reissuing, terminating, monitoring, and enforcing	31679
permits and imposing and enforcing pretreatment requirements under	31680
Chapter 6111. of the Revised Code and rules adopted under it.	31681

(b) "Public discharger" means any holder of an NPDES permit	31682
identified by P in the second character of the NPDES permit number	31683
assigned by the director.	31684

(c) "Industrial discharger" means any holder of an NPDES	31685
permit identified by I in the second character of the NPDES permit	31686
number assigned by the director.	31687

(d) "Major discharger" means any holder of an NPDES permit	31688
classified as major by the regional administrator of the United	31689
States environmental protection agency in conjunction with the	31690
director.	31691

(M) Through June 30, ~~2008~~2010, a person applying for a	31692
license or license renewal to operate a public water system under	31693
section 6109.21 of the Revised Code shall pay the appropriate fee	31694
established under this division at the time of application to the	31695
director. Any person who fails to pay the fee at that time shall	31696
pay an additional amount that equals ten per cent of the required	31697
fee. The director shall transmit all moneys collected under this	31698
division to the treasurer of state for deposit into the drinking	31699
water protection fund created in section 6109.30 of the Revised	31700
Code.	31701

Except as provided in division (M)(4) of this section, fees	31702
required under this division shall be calculated and paid in	31703
accordance with the following schedule:	31704

(1) For the initial license required under division (A)(1) of	31705
section 6109.21 of the Revised Code for any public water system	31706
that is a community water system as defined in section 6109.01 of	31707
the Revised Code, and for each license renewal required for such a	31708
system prior to January 31, ~~2008~~2010, the fee is:	31709

Number of service connections		Fee amount	31710
	Not more than 49	$ 112	31711
	50 to 99	176	31712

Number of service connections		Average cost per connection	31713
	100 to 2,499	$ 1.92	31714
	2,500 to 4,999	1.48	31715
	5,000 to 7,499	1.42	31716
	7,500 to 9,999	1.34	31717
	10,000 to 14,999	1.16	31718
	15,000 to 24,999	1.10	31719
	25,000 to 49,999	1.04	31720
	50,000 to 99,999	.92	31721
	100,000 to 149,999	.86	31722
	150,000 to 199,999	.80	31723
	200,000 or more	.76	31724

A public water system may determine how it will pay the total	31725
amount of the fee calculated under division (M)(1) of this	31726
section, including the assessment of additional user fees that may	31727
be assessed on a volumetric basis.	31728

As used in division (M)(1) of this section, "service	31729
connection" means the number of active or inactive pipes,	31730
goosenecks, pigtails, and any other fittings connecting a water	31731
main to any building outlet.	31732

(2) For the initial license required under division (A)(2) of	31733
section 6109.21 of the Revised Code for any public water system	31734
that is not a community water system and serves a nontransient	31735
population, and for each license renewal required for such a	31736
system prior to January 31, ~~2008~~2010, the fee is:	31737

Population served	Fee amount	31738
Fewer than 150	$ 112	31739
150 to 299	176	31740
300 to 749	384	31741
750 to 1,499	628	31742
1,500 to 2,999	1,268	31743
3,000 to 7,499	2,816	31744
7,500 to 14,999	5,510	31745
15,000 to 22,499	9,048	31746
22,500 to 29,999	12,430	31747
30,000 or more	16,820	31748

As used in division (M)(2) of this section, "population	31749
served" means the total number of individuals receiving water from	31750
the water supply during a twenty-four-hour period for at least	31751
sixty days during any calendar year. In the absence of a specific	31752
population count, that number shall be calculated at the rate of	31753
three individuals per service connection.	31754

(3) For the initial license required under division (A)(3) of	31755
section 6109.21 of the Revised Code for any public water system	31756
that is not a community water system and serves a transient	31757
population, and for each license renewal required for such a	31758
system prior to January 31, ~~2008~~2010, the fee is:	31759

Number of wells supplying system		Fee amount	31760
	1	$112	31761
	2	112	31762
	3	176	31763
	4	278	31764
	5	568	31765
	System designated as using a		31766
	surface water source	792	31767

As used in division (M)(3) of this section, "number of wells	31768
supplying system" means those wells that are physically connected	31769
to the plumbing system serving the public water system.	31770

(4) A public water system designated as using a surface water	31771
source shall pay a fee of seven hundred ninety-two dollars or the	31772
amount calculated under division (M)(1) or (2) of this section,	31773
whichever is greater.	31774

(N)(1) A person applying for a plan approval for a public	31775
water supply system under section 6109.07 of the Revised Code	31776
shall pay a fee of one hundred fifty dollars plus thirty-five	31777
hundredths of one per cent of the estimated project cost, except	31778
that the total fee shall not exceed twenty thousand dollars	31779
through June 30, ~~2008~~2010, and fifteen thousand dollars on and	31780
after July 1, ~~2008~~2010. The fee shall be paid at the time the	31781
application is submitted.	31782

(2) A person who has entered into an agreement with the	31783
director under division (A)(2) of section 6109.07 of the Revised	31784
Code shall pay an administrative service fee for each plan	31785
submitted under that section for approval that shall not exceed	31786
the minimum amount necessary to pay administrative costs directly	31787
attributable to processing plan approvals. The director annually	31788
shall calculate the fee and shall notify all persons that have	31789
entered into agreements under that division, or who have applied	31790
for agreements, of the amount of the fee.	31791

(3) Through June 30, ~~2008~~2010, the following fee, on a per	31792
survey basis, shall be charged any person for services rendered by	31793
the state in the evaluation of laboratories and laboratory	31794
personnel for compliance with accepted analytical techniques and	31795
procedures established pursuant to Chapter 6109. of the Revised	31796
Code for determining the qualitative characteristics of water:	31797

microbiological			31798
	MMO-MUG	$2,000	31799
	MF	2,100	31800
	MMO-MUG and MF	2,550	31801
organic chemical		5,400	31802
trace metals		5,400	31803
standard chemistry		2,800	31804
limited chemistry		1,550	31805

On and after July 1, ~~2008~~2010, the following fee, on a per	31806
survey basis, shall be charged any such person:	31807

microbiological	$ 1,650	31808
organic chemicals	3,500	31809
trace metals	3,500	31810
standard chemistry	1,800	31811
limited chemistry	1,000	31812

The fee for those services shall be paid at the time the request	31813
for the survey is made. Through June 30, ~~2008~~ 2010, an individual	31814
laboratory shall not be assessed a fee under this division more	31815
than once in any three-year period unless the person requests the	31816
addition of analytical methods or analysts, in which case the	31817
person shall pay eighteen hundred dollars for each additional	31818
survey requested.	31819

As used in division (N)(3) of this section:

31820

(a) "MF" means microfiltration.

31821

(b) "MMO" means minimal medium ONPG.

31822

31823

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

31824

The director shall transmit all moneys collected under this	31825
division to the treasurer of state for deposit into the drinking	31826
water protection fund created in section 6109.30 of the Revised	31827
Code.	31828

(O) Any person applying to the director for examination for	31829
certification as an operator of a water supply system or	31830
wastewater system under Chapter 6109. or 6111. of the Revised	31831
Code, at the time the application is submitted, shall pay an	31832
application fee of forty-five dollars through November 30, ~~2008~~	31833
2010, and twenty-five dollars on and after December 1, ~~2008~~2010.	31834
Upon approval from the director that the applicant is eligible to	31835
take the examination therefor, the applicant shall pay a fee in	31836
accordance with the following schedule through November 30, ~~2008~~	31837
2010:	31838

Class A operator	$35	31839
Class I operator	60	31840
Class II operator	75	31841
Class III operator	85	31842
Class IV operator	100	31843

On and after December 1, ~~2008~~2010, the applicant shall pay a	31844
fee in accordance with the following schedule:	31845

Class A operator	$25	31846
Class I operator	$45	31847
Class II operator	55	31848
Class III operator	65	31849
Class IV operator	75	31850

A person shall pay a biennial certification renewal fee for	31851
each applicable class of certification in accordance with the	31852
following schedule:	31853

Class A operator	$25	31854
Class I operator	35	31855
Class II operator	45	31856
Class III operator	55	31857
Class IV operator	65	31858

If a certification renewal fee is received by the director	31859
more than thirty days, but not more than one year after the	31860
expiration date of the certification, the person shall pay a	31861
certification renewal fee in accordance with the following	31862
schedule:	31863

Class A operator	$45	31864
Class I operator	55	31865
Class II operator	65	31866
Class III operator	75	31867
Class IV operator	85	31868

A person who requests a replacement certificate shall pay a	31869
fee of twenty-five dollars at the time the request is made.	31870

The director shall transmit all moneys collected under this	31871
division to the treasurer of state for deposit into the drinking	31872
water protection fund created in section 6109.30 of the Revised	31873
Code.	31874

(P) Any person submitting an application for an industrial	31875
water pollution control certificate under section 6111.31 of the	31876
Revised Code, as that section existed before its repeal by H.B. 95	31877
of the 125th general assembly, shall pay a nonrefundable fee of	31878
five hundred dollars at the time the application is submitted. The	31879
director shall transmit all moneys collected under this division	31880
to the treasurer of state for deposit into the surface water	31881
protection fund created in section 6111.038 of the Revised Code. A	31882
person paying a certificate fee under this division shall not pay	31883
an application fee under division (S)(1) of this section. On and	31884
after June 26, 2003, persons shall file such applications and pay	31885
the fee as required under sections 5709.20 to 5709.27 of the	31886
Revised Code, and proceeds from the fee shall be credited as	31887
provided in section 5709.212 of the Revised Code.	31888

(Q) Except as otherwise provided in division (R) of this	31889
section, a person issued a permit by the director for a new solid	31890
waste disposal facility other than an incineration or composting	31891
facility, a new infectious waste treatment facility other than an	31892
incineration facility, or a modification of such an existing	31893
facility that includes an increase in the total disposal or	31894
treatment capacity of the facility pursuant to Chapter 3734. of	31895
the Revised Code shall pay a fee of ten dollars per thousand cubic	31896
yards of disposal or treatment capacity, or one thousand dollars,	31897
whichever is greater, except that the total fee for any such	31898
permit shall not exceed eighty thousand dollars. A person issued a	31899
modification of a permit for a solid waste disposal facility or an	31900
infectious waste treatment facility that does not involve an	31901
increase in the total disposal or treatment capacity of the	31902
facility shall pay a fee of one thousand dollars. A person issued	31903
a permit to install a new, or modify an existing, solid waste	31904
transfer facility under that chapter shall pay a fee of two	31905
thousand five hundred dollars. A person issued a permit to install	31906
a new or to modify an existing solid waste incineration or	31907
composting facility, or an existing infectious waste treatment	31908
facility using incineration as its principal method of treatment,	31909
under that chapter shall pay a fee of one thousand dollars. The	31910
increases in the permit fees under this division resulting from	31911
the amendments made by Amended Substitute House Bill 592 of the	31912
117th general assembly do not apply to any person who submitted an	31913
application for a permit to install a new, or modify an existing,	31914
solid waste disposal facility under that chapter prior to	31915
September 1, 1987; any such person shall pay the permit fee	31916
established in this division as it existed prior to June 24, 1988.	31917
In addition to the applicable permit fee under this division, a	31918
person issued a permit to install or modify a solid waste facility	31919
or an infectious waste treatment facility under that chapter who	31920
fails to pay the permit fee to the director in compliance with	31921
division (V) of this section shall pay an additional ten per cent	31922
of the amount of the fee for each week that the permit fee is	31923
late.	31924

Permit and late payment fees paid to the director under this	31925
division shall be credited to the general revenue fund.	31926

(R)(1) A person issued a registration certificate for a scrap	31927
tire collection facility under section 3734.75 of the Revised Code	31928
shall pay a fee of two hundred dollars, except that if the	31929
facility is owned or operated by a motor vehicle salvage dealer	31930
licensed under Chapter 4738. of the Revised Code, the person shall	31931
pay a fee of twenty-five dollars.	31932

(2) A person issued a registration certificate for a new	31933
scrap tire storage facility under section 3734.76 of the Revised	31934
Code shall pay a fee of three hundred dollars, except that if the	31935
facility is owned or operated by a motor vehicle salvage dealer	31936
licensed under Chapter 4738. of the Revised Code, the person shall	31937
pay a fee of twenty-five dollars.	31938

(3) A person issued a permit for a scrap tire storage	31939
facility under section 3734.76 of the Revised Code shall pay a fee	31940
of one thousand dollars, except that if the facility is owned or	31941
operated by a motor vehicle salvage dealer licensed under Chapter	31942
4738. of the Revised Code, the person shall pay a fee of fifty	31943
dollars.	31944

(4) A person issued a permit for a scrap tire monocell or	31945
monofill facility under section 3734.77 of the Revised Code shall	31946
pay a fee of ten dollars per thousand cubic yards of disposal	31947
capacity or one thousand dollars, whichever is greater, except	31948
that the total fee for any such permit shall not exceed eighty	31949
thousand dollars.	31950

(5) A person issued a registration certificate for a scrap	31951
tire recovery facility under section 3734.78 of the Revised Code	31952
shall pay a fee of one hundred dollars.	31953

(6) A person issued a permit for a scrap tire recovery	31954
facility under section 3734.78 of the Revised Code shall pay a fee	31955
of one thousand dollars.	31956

(7) In addition to the applicable registration certificate or	31957
permit fee under divisions (R)(1) to (6) of this section, a person	31958
issued a registration certificate or permit for any such scrap	31959
tire facility who fails to pay the registration certificate or	31960
permit fee to the director in compliance with division (V) of this	31961
section shall pay an additional ten per cent of the amount of the	31962
fee for each week that the fee is late.	31963

(8) The registration certificate, permit, and late payment	31964
fees paid to the director under divisions (R)(1) to (7) of this	31965
section shall be credited to the scrap tire management fund	31966
created in section 3734.82 of the Revised Code.	31967

(S)(1) Except as provided by divisions (L), (M), (N), (O),	31968
(P), and (S)(2) of this section, division (A)(2) of section	31969
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	31970
and rules adopted under division (T)(1) of this section, any	31971
person applying for a registration certificate under section	31972
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	31973
variance, or plan approval under Chapter 3734. of the Revised Code	31974
shall pay a nonrefundable fee of fifteen dollars at the time the	31975
application is submitted.	31976

Except as otherwise provided, any person applying for a	31977
permit, variance, or plan approval under Chapter 6109. or 6111. of	31978
the Revised Code shall pay a nonrefundable fee of one hundred	31979
dollars at the time the application is submitted through June 30,	31980
~~2008~~2010, and a nonrefundable fee of fifteen dollars at the time	31981
the application is submitted on and after July 1, ~~2008~~2010.	31982
Through June 30, ~~2008~~2010, any person applying for a national	31983
pollutant discharge elimination system permit under Chapter 6111.	31984
of the Revised Code shall pay a nonrefundable fee of two hundred	31985
dollars at the time of application for the permit. On and after	31986
July 1, ~~2008~~2010, such a person shall pay a nonrefundable fee of	31987
fifteen dollars at the time of application.	31988

In addition to the application fee established under division	31989
(S)(1) of this section, any person applying for a national	31990
pollutant discharge elimination system general storm water	31991
construction permit shall pay a nonrefundable fee of twenty	31992
dollars per acre for each acre that is permitted above five acres	31993
at the time the application is submitted. However, the per acreage	31994
fee shall not exceed three hundred dollars. In addition, any	31995
person applying for a national pollutant discharge elimination	31996
system general storm water industrial permit shall pay a	31997
nonrefundable fee of one hundred fifty dollars at the time the	31998
application is submitted.	31999

The director shall transmit all moneys collected under	32000
division (S)(1) of this section pursuant to Chapter 6109. of the	32001
Revised Code to the treasurer of state for deposit into the	32002
drinking water protection fund created in section 6109.30 of the	32003
Revised Code.	32004

The director shall transmit all moneys collected under	32005
division (S)(1) of this section pursuant to Chapter 6111. of the	32006
Revised Code to the treasurer of state for deposit into the	32007
surface water protection fund created in section 6111.038 of the	32008
Revised Code.	32009

If a registration certificate is issued under section	32010
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	32011
the application fee paid shall be deducted from the amount of the	32012
registration certificate fee due under division (R)(1), (2), or	32013
(5) of this section, as applicable.	32014

If a person submits an electronic application for a	32015
registration certificate, permit, variance, or plan approval for	32016
which an application fee is established under division (S)(1) of	32017
this section, the person shall pay the applicable application fee	32018
as expeditiously as possible after the submission of the	32019
electronic application. An application for a registration	32020
certificate, permit, variance, or plan approval for which an	32021
application fee is established under division (S)(1) of this	32022
section shall not be reviewed or processed until the applicable	32023
application fee, and any other fees established under this	32024
division, are paid.	32025

(2) Division (S)(1) of this section does not apply to an	32026
application for a registration certificate for a scrap tire	32027
collection or storage facility submitted under section 3734.75 or	32028
3734.76 of the Revised Code, as applicable, if the owner or	32029
operator of the facility or proposed facility is a motor vehicle	32030
salvage dealer licensed under Chapter 4738. of the Revised Code.	32031

(T) The director may adopt, amend, and rescind rules in	32032
accordance with Chapter 119. of the Revised Code that do all of	32033
the following:	32034

(1) Prescribe fees to be paid by applicants for and holders	32035
of any license, permit, variance, plan approval, or certification	32036
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	32037
the Revised Code that are not specifically established in this	32038
section. The fees shall be designed to defray the cost of	32039
processing, issuing, revoking, modifying, denying, and enforcing	32040
the licenses, permits, variances, plan approvals, and	32041
certifications.	32042

The director shall transmit all moneys collected under rules	32043
adopted under division (T)(1) of this section pursuant to Chapter	32044
6109. of the Revised Code to the treasurer of state for deposit	32045
into the drinking water protection fund created in section 6109.30	32046
of the Revised Code.	32047

The director shall transmit all moneys collected under rules	32048
adopted under division (T)(1) of this section pursuant to Chapter	32049
6111. of the Revised Code to the treasurer of state for deposit	32050
into the surface water protection fund created in section 6111.038	32051
of the Revised Code.	32052

(2) Exempt the state and political subdivisions thereof,	32053
including education facilities or medical facilities owned by the	32054
state or a political subdivision, or any person exempted from	32055
taxation by section 5709.07 or 5709.12 of the Revised Code, from	32056
any fee required by this section;	32057

(3) Provide for the waiver of any fee, or any part thereof,	32058
otherwise required by this section whenever the director	32059
determines that the imposition of the fee would constitute an	32060
unreasonable cost of doing business for any applicant, class of	32061
applicants, or other person subject to the fee;	32062

(4) Prescribe measures that the director considers necessary	32063
to carry out this section.	32064

(U) When the director reasonably demonstrates that the direct	32065
cost to the state associated with the issuance of a permit to	32066
install, license, variance, plan approval, or certification	32067
exceeds the fee for the issuance or review specified by this	32068
section, the director may condition the issuance or review on the	32069
payment by the person receiving the issuance or review of, in	32070
addition to the fee specified by this section, the amount, or any	32071
portion thereof, in excess of the fee specified under this	32072
section. The director shall not so condition issuances for which	32073
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	32074
section.	32075

(V) Except as provided in divisions (L), (M), and (P) of this	32076
section or unless otherwise prescribed by a rule of the director	32077
adopted pursuant to Chapter 119. of the Revised Code, all fees	32078
required by this section are payable within thirty days after the	32079
issuance of an invoice for the fee by the director or the	32080
effective date of the issuance of the license, permit, variance,	32081
plan approval, or certification. If payment is late, the person	32082
responsible for payment of the fee shall pay an additional ten per	32083
cent of the amount due for each month that it is late.	32084

(W) As used in this section, "fuel-burning equipment,"	32085
"fuel-burning equipment input capacity," "incinerator,"	32086
"incinerator input capacity," "process," "process weight rate,"	32087
"storage tank," "gasoline dispensing facility," "dry cleaning	32088
facility," "design flow discharge," and "new source treatment	32089
works" have the meanings ascribed to those terms by applicable	32090
rules or standards adopted by the director under Chapter 3704. or	32091
6111. of the Revised Code.	32092

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	32093
and (J) of this section, and in any other provision of this	32094
section pertaining to fees paid pursuant to Chapter 3704. of the	32095
Revised Code:	32096

(1) "Facility," "federal Clean Air Act," "person," and "Title	32097
V permit" have the same meanings as in section 3704.01 of the	32098
Revised Code.	32099

(2) "Title V permit program" means the following activities	32100
as necessary to meet the requirements of Title V of the federal	32101
Clean Air Act and 40 C.F.R. part 70, including at least:	32102

(a) Preparing and adopting, if applicable, generally	32103
applicable rules or guidance regarding the permit program or its	32104
implementation or enforcement;	32105

(b) Reviewing and acting on any application for a Title V	32106
permit, permit revision, or permit renewal, including the	32107
development of an applicable requirement as part of the processing	32108
of a permit, permit revision, or permit renewal;	32109

(c) Administering the permit program, including the	32110
supporting and tracking of permit applications, compliance	32111
certification, and related data entry;	32112

(d) Determining which sources are subject to the program and	32113
implementing and enforcing the terms of any Title V permit, not	32114
including any court actions or other formal enforcement actions;	32115

(e) Emission and ambient monitoring;

32116

(f) Modeling, analyses, or demonstrations;

32117

(g) Preparing inventories and tracking emissions;

32118

(h) Providing direct and indirect support to small business	32119
stationary sources to determine and meet their obligations under	32120
the federal Clean Air Act pursuant to the small business	32121
stationary source technical and environmental compliance	32122
assistance program required by section 507 of that act and	32123
established in sections 3704.18, 3704.19, and 3706.19 of the	32124
Revised Code.	32125

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	32126
of this section, each sewage sludge facility shall pay a	32127
nonrefundable annual sludge fee equal to three dollars and fifty	32128
cents per dry ton of sewage sludge, including the dry tons of	32129
sewage sludge in materials derived from sewage sludge, that the	32130
sewage sludge facility treats or disposes of in this state. The	32131
annual volume of sewage sludge treated or disposed of by a sewage	32132
sludge facility shall be calculated using the first day of January	32133
through the thirty-first day of December of the calendar year	32134
preceding the date on which payment of the fee is due.	32135

(2)(a) Except as provided in division (Y)(2)(d) of this	32136
section, each sewage sludge facility shall pay a minimum annual	32137
sewage sludge fee of one hundred dollars.	32138

(b) The annual sludge fee required to be paid by a sewage	32139
sludge facility that treats or disposes of exceptional quality	32140
sludge in this state shall be thirty-five per cent less per dry	32141
ton of exceptional quality sludge than the fee assessed under	32142
division (Y)(1) of this section, subject to the following	32143
exceptions:	32144

(i) Except as provided in division (Y)(2)(d) of this section,	32145
a sewage sludge facility that treats or disposes of exceptional	32146
quality sludge shall pay a minimum annual sewage sludge fee of one	32147
hundred dollars.	32148

(ii) A sewage sludge facility that treats or disposes of	32149
exceptional quality sludge shall not be required to pay the annual	32150
sludge fee for treatment or disposal in this state of exceptional	32151
quality sludge generated outside of this state and contained in	32152
bags or other containers not greater than one hundred pounds in	32153
capacity.	32154

A thirty-five per cent reduction for exceptional quality	32155
sludge applies to the maximum annual fees established under	32156
division (Y)(3) of this section.	32157

(c) A sewage sludge facility that transfers sewage sludge to	32158
another sewage sludge facility in this state for further treatment	32159
prior to disposal in this state shall not be required to pay the	32160
annual sludge fee for the tons of sewage sludge that have been	32161
transferred. In such a case, the sewage sludge facility that	32162
disposes of the sewage sludge shall pay the annual sludge fee.	32163
However, the facility transferring the sewage sludge shall pay the	32164
one-hundred-dollar minimum fee required under division (Y)(2)(a)	32165
of this section.	32166

In the case of a sewage sludge facility that treats sewage	32167
sludge in this state and transfers it out of this state to another	32168
entity for disposal, the sewage sludge facility in this state	32169
shall be required to pay the annual sludge fee for the tons of	32170
sewage sludge that have been transferred.	32171

(d) A sewage sludge facility that generates sewage sludge	32172
resulting from an average daily discharge flow of less than five	32173
thousand gallons per day is not subject to the fees assessed under	32174
division (Y) of this section.	32175

(3) No sewage sludge facility required to pay the annual	32176
sludge fee shall be required to pay more than the maximum annual	32177
fee for each disposal method that the sewage sludge facility uses.	32178
The maximum annual fee does not include the additional amount that	32179
may be charged under division (Y)(5) of this section for late	32180
payment of the annual sludge fee. The maximum annual fee for the	32181
following methods of disposal of sewage sludge is as follows:	32182

(a) Incineration: five thousand dollars;

32183

(b) Preexisting land reclamation project or disposal in a	32184
landfill: five thousand dollars;	32185

(c) Land application, land reclamation, surface disposal, or	32186
any other disposal method not specified in division (Y)(3)(a) or	32187
(b) of this section: twenty thousand dollars.	32188

(4)(a) In the case of an entity that generates sewage sludge	32189
or a sewage sludge facility that treats sewage sludge and	32190
transfers the sewage sludge to an incineration facility for	32191
disposal, the incineration facility, and not the entity generating	32192
the sewage sludge or the sewage sludge facility treating the	32193
sewage sludge, shall pay the annual sludge fee for the tons of	32194
sewage sludge that are transferred. However, the entity or	32195
facility generating or treating the sewage sludge shall pay the	32196
one-hundred-dollar minimum fee required under division (Y)(2)(a)	32197
of this section.	32198

(b) In the case of an entity that generates sewage sludge and	32199
transfers the sewage sludge to a landfill for disposal or to a	32200
sewage sludge facility for land reclamation or surface disposal,	32201
the entity generating the sewage sludge, and not the landfill or	32202
sewage sludge facility, shall pay the annual sludge fee for the	32203
tons of sewage sludge that are transferred.	32204

(5) Not later than the first day of April of the calendar	32205
year following March 17, 2000, and each first day of April	32206
thereafter, the director shall issue invoices to persons who are	32207
required to pay the annual sludge fee. The invoice shall identify	32208
the nature and amount of the annual sludge fee assessed and state	32209
the first day of May as the deadline for receipt by the director	32210
of objections regarding the amount of the fee and the first day of	32211
July as the deadline for payment of the fee.	32212

Not later than the first day of May following receipt of an	32213
invoice, a person required to pay the annual sludge fee may submit	32214
objections to the director concerning the accuracy of information	32215
regarding the number of dry tons of sewage sludge used to	32216
calculate the amount of the annual sludge fee or regarding whether	32217
the sewage sludge qualifies for the exceptional quality sludge	32218
discount established in division (Y)(2)(b) of this section. The	32219
director may consider the objections and adjust the amount of the	32220
fee to ensure that it is accurate.	32221

If the director does not adjust the amount of the annual	32222
sludge fee in response to a person's objections, the person may	32223
appeal the director's determination in accordance with Chapter	32224
119. of the Revised Code.	32225

Not later than the first day of June, the director shall	32226
notify the objecting person regarding whether the director has	32227
found the objections to be valid and the reasons for the finding.	32228
If the director finds the objections to be valid and adjusts the	32229
amount of the annual sludge fee accordingly, the director shall	32230
issue with the notification a new invoice to the person	32231
identifying the amount of the annual sludge fee assessed and	32232
stating the first day of July as the deadline for payment.	32233

Not later than the first day of July, any person who is	32234
required to do so shall pay the annual sludge fee. Any person who	32235
is required to pay the fee, but who fails to do so on or before	32236
that date shall pay an additional amount that equals ten per cent	32237
of the required annual sludge fee.	32238

(6) The director shall transmit all moneys collected under	32239
division (Y) of this section to the treasurer of state for deposit	32240
into the surface water protection fund created in section 6111.038	32241
of the Revised Code. The moneys shall be used to defray the costs	32242
of administering and enforcing provisions in Chapter 6111. of the	32243
Revised Code and rules adopted under it that govern the use,	32244
storage, treatment, or disposal of sewage sludge.	32245

(7) Beginning in fiscal year 2001, and every two years	32246
thereafter, the director shall review the total amount of moneys	32247
generated by the annual sludge fees to determine if that amount	32248
exceeded six hundred thousand dollars in either of the two	32249
preceding fiscal years. If the total amount of moneys in the fund	32250
exceeded six hundred thousand dollars in either fiscal year, the	32251
director, after review of the fee structure and consultation with	32252
affected persons, shall issue an order reducing the amount of the	32253
fees levied under division (Y) of this section so that the	32254
estimated amount of moneys resulting from the fees will not exceed	32255
six hundred thousand dollars in any fiscal year.	32256

If, upon review of the fees under division (Y)(7) of this	32257
section and after the fees have been reduced, the director	32258
determines that the total amount of moneys collected and	32259
accumulated is less than six hundred thousand dollars, the	32260
director, after review of the fee structure and consultation with	32261
affected persons, may issue an order increasing the amount of the	32262
fees levied under division (Y) of this section so that the	32263
estimated amount of moneys resulting from the fees will be	32264
approximately six hundred thousand dollars. Fees shall never be	32265
increased to an amount exceeding the amount specified in division	32266
(Y)(7) of this section.	32267

Notwithstanding section 119.06 of the Revised Code, the	32268
director may issue an order under division (Y)(7) of this section	32269
without the necessity to hold an adjudicatory hearing in	32270
connection with the order. The issuance of an order under this	32271
division is not an act or action for purposes of section 3745.04	32272
of the Revised Code.	32273

(8) As used in division (Y) of this section:

32274

(a) "Sewage sludge facility" means an entity that performs	32275
treatment on or is responsible for the disposal of sewage sludge.	32276

(b) "Sewage sludge" means a solid, semi-solid, or liquid	32277
residue generated during the treatment of domestic sewage in a	32278
treatment works as defined in section 6111.01 of the Revised Code.	32279
"Sewage sludge" includes, but is not limited to, scum or solids	32280
removed in primary, secondary, or advanced wastewater treatment	32281
processes. "Sewage sludge" does not include ash generated during	32282
the firing of sewage sludge in a sewage sludge incinerator, grit	32283
and screenings generated during preliminary treatment of domestic	32284
sewage in a treatment works, animal manure, residue generated	32285
during treatment of animal manure, or domestic septage.	32286

(c) "Exceptional quality sludge" means sewage sludge that	32287
meets all of the following qualifications:	32288

(i) Satisfies the class A pathogen standards in 40 C.F.R.	32289
503.32(a);	32290

(ii) Satisfies one of the vector attraction reduction	32291
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	32292

(iii) Does not exceed the ceiling concentration limitations	32293
for metals listed in table one of 40 C.F.R. 503.13;	32294

(iv) Does not exceed the concentration limitations for metals	32295
listed in table three of 40 C.F.R. 503.13.	32296

(d) "Treatment" means the preparation of sewage sludge for	32297
final use or disposal and includes, but is not limited to,	32298
thickening, stabilization, and dewatering of sewage sludge.	32299

(e) "Disposal" means the final use of sewage sludge,	32300
including, but not limited to, land application, land reclamation,	32301
surface disposal, or disposal in a landfill or an incinerator.	32302

(f) "Land application" means the spraying or spreading of	32303
sewage sludge onto the land surface, the injection of sewage	32304
sludge below the land surface, or the incorporation of sewage	32305
sludge into the soil for the purposes of conditioning the soil or	32306
fertilizing crops or vegetation grown in the soil.	32307

(g) "Land reclamation" means the returning of disturbed land	32308
to productive use.	32309

(h) "Surface disposal" means the placement of sludge on an	32310
area of land for disposal, including, but not limited to,	32311
monofills, surface impoundments, lagoons, waste piles, or	32312
dedicated disposal sites.	32313

(i) "Incinerator" means an entity that disposes of sewage	32314
sludge through the combustion of organic matter and inorganic	32315
matter in sewage sludge by high temperatures in an enclosed	32316
device.	32317

(j) "Incineration facility" includes all incinerators owned	32318
or operated by the same entity and located on a contiguous tract	32319
of land. Areas of land are considered to be contiguous even if	32320
they are separated by a public road or highway.	32321

(k) "Annual sludge fee" means the fee assessed under division	32322
(Y)(1) of this section.	32323

(l) "Landfill" means a sanitary landfill facility, as defined	32324
in rules adopted under section 3734.02 of the Revised Code, that	32325
is licensed under section 3734.05 of the Revised Code.	32326

(m) "Preexisting land reclamation project" means a	32327
property-specific land reclamation project that has been in	32328
continuous operation for not less than five years pursuant to	32329
approval of the activity by the director and includes the	32330
implementation of a community outreach program concerning the	32331
activity.	32332

Sec. 3767.41. (A) As used in this section:

32333

(1) "Building" means, except as otherwise provided in this	32334
division, any building or structure that is used or intended to be	32335
used for residential purposes. "Building" includes, but is not	32336
limited to, a building or structure in which any floor is used for	32337
retail stores, shops, salesrooms, markets, or similar commercial	32338
uses, or for offices, banks, civic administration activities,	32339
professional services, or similar business or civic uses, and in	32340
which the other floors are used, or designed and intended to be	32341
used, for residential purposes. "Building" does not include any	32342
building or structure that is occupied by its owner and that	32343
contains three or fewer residential units.	32344

(2)(a) "Public nuisance" means a building that is a menace to	32345
the public health, welfare, or safety; that is structurally	32346
unsafe, unsanitary, or not provided with adequate safe egress;	32347
that constitutes a fire hazard, is otherwise dangerous to human	32348
life, or is otherwise no longer fit and habitable; or that, in	32349
relation to its existing use, constitutes a hazard to the public	32350
health, welfare, or safety by reason of inadequate maintenance,	32351
dilapidation, obsolescence, or abandonment.	32352

(b) "Public nuisance" as it applies to subsidized housing	32353
means subsidized housing that fails to meet the following	32354
standards as specified in the federal rules governing each	32355
standard:	32356

(i) Each building on the site is structurally sound, secure,	32357
habitable, and in good repair, as defined in 24 C.F.R. 5.703(b);	32358

(ii) Each building's domestic water, electrical system,	32359
elevators, emergency power, fire protection, HVAC, and sanitary	32360
system is free of health and safety hazards, functionally	32361
adequate, operable, and in good repair, as defined in 24 C.F.R.	32362
5.703(c);	32363

(iii) Each dwelling unit within the building is structurally	32364
sound, habitable, and in good repair, and all areas and aspects of	32365
the dwelling unit are free of health and safety hazards,	32366
functionally adequate, operable, and in good repair, as defined in	32367
24 C.F.R. 5.703(d)(1);	32368

(iv) Where applicable, the dwelling unit has hot and cold	32369
running water, including an adequate source of potable water, as	32370
defined in 24 C.F.R. 5.703(d)(2);	32371

(v) If the dwelling unit includes its own sanitary facility,	32372
it is in proper operating condition, usable in privacy, and	32373
adequate for personal hygiene, and the disposal of human waste, as	32374
defined in 24 C.F.R. 5.703(d)(3);	32375

(vi) The common areas are structurally sound, secure, and	32376
functionally adequate for the purposes intended. The basement,	32377
garage, carport, restrooms, closets, utility, mechanical,	32378
community rooms, daycare, halls, corridors, stairs, kitchens,	32379
laundry rooms, office, porch, patio, balcony, and trash collection	32380
areas are free of health and safety hazards, operable, and in good	32381
repair. All common area ceilings, doors, floors, HVAC, lighting,	32382
smoke detectors, stairs, walls, and windows, to the extent	32383
applicable, are free of health and safety hazards, operable, and	32384
in good repair, as defined in 24 C.F.R. 5.703(e);	32385

(vii) All areas and components of the housing are free of	32386
health and safety hazards. These areas include, but are not	32387
limited to, air quality, electrical hazards, elevators,	32388
emergency/fire exits, flammable materials, garbage and debris,	32389
handrail hazards, infestation, and lead-based paint, as defined in	32390
24 C.F.R. 5.703(f).	32391

(3) "Abate" or "abatement" in connection with any building	32392
means the removal or correction of any conditions that constitute	32393
a public nuisance and the making of any other improvements that	32394
are needed to effect a rehabilitation of the building that is	32395
consistent with maintaining safe and habitable conditions over its	32396
remaining useful life. "Abatement" does not include the closing or	32397
boarding up of any building that is found to be a public nuisance.	32398

(4) "Interested party" means any owner, mortgagee,	32399
lienholder, tenant, or person that possesses an interest of record	32400
in any property that becomes subject to the jurisdiction of a	32401
court pursuant to this section, and any applicant for the	32402
appointment of a receiver pursuant to this section.	32403

(5) "Neighbor" means any owner of property, including, but	32404
not limited to, any person who is purchasing property by land	32405
installment contract or under a duly executed purchase contract,	32406
that is located within five hundred feet of any property that	32407
becomes subject to the jurisdiction of a court pursuant to this	32408
section, and any occupant of a building that is so located.	32409

(6) "Tenant" has the same meaning as in section 5321.01 of	32410
the Revised Code.	32411

(7) "Subsidized housing" means a property consisting of more	32412
than four dwelling units that, in whole or in part, receives	32413
project-based assistance pursuant to a contract under any of the	32414
following federal housing programs:	32415

(a) The new construction or substantial rehabilitation	32416
program under section 8(b)(2) of the "United States Housing Act of	32417
1937," Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f(b)(2) as	32418
that program was in effect immediately before the first day of	32419
October, 1983;	32420

(b) The moderate rehabilitation program under section 8(e)(2)	32421
of the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	32422
Stat. 888, 42 U.S.C. 1437f(e)(2);	32423

(c) The loan management assistance program under section 8 of	32424
the "United States Housing Act of 1937," Pub. L. No. 75-412, 50	32425
Stat. 888, 42 U.S.C. 1437f;	32426

(d) The rent supplement program under section 101 of the	32427
"Housing and Urban Development Act of 1965," Pub. L. No. 89-174,	32428
79 Stat. 667, 12 U.S.C. 1701s;	32429

(e) Section 8 of the "United States Housing Act of 1937,"	32430
Pub. L. No. 75-412, 50 Stat. 888, 42 U.S.C. 1437f, following	32431
conversion from assistance under section 101 of the "Housing and	32432
Urban Development Act of 1965," Pub. L. No. 89-174, 79 Stat. 667,	32433
12 U.S.C. 1701s;	32434

(f) The program of supportive housing for the elderly under	32435
section 202 of the "Housing Act of 1959," Pub. L. No. 86-372, 73	32436
Stat. 654, 12 U.S.C. 1701q;	32437

(g) The program of supportive housing for persons with	32438
disabilities under section 811 of the "National Affordable Housing	32439
Act of 1990," Pub. L. No. 101-625, 104 Stat. 4313, 42 U.S.C. 8013.	32440

(8) "Project-based assistance" means the assistance is	32441
attached to the property and provides rental assistance only on	32442
behalf of tenants who reside in that property.	32443

(9) "Landlord" has the same meaning as in section 5321.01 of	32444
the Revised Code.	32445

(B)(1)(a) In any civil action to enforce any local building,	32446
housing, air pollution, sanitation, health, fire, zoning, or	32447
safety code, ordinance, or regulation applicable to buildings,	32448
that is commenced in a court of common pleas, municipal court,	32449
housing or environmental division of a municipal court, or county	32450
court, or in any civil action for abatement commenced in a court	32451
of common pleas, municipal court, housing or environmental	32452
division of a municipal court, or county court, by a municipal	32453
corporation in which the building involved is located, by any	32454
neighbor, tenant, or by a nonprofit corporation that is duly	32455
organized and has as one of its goals the improvement of housing	32456
conditions in the county or municipal corporation in which the	32457
building involved is located, if a building is alleged to be a	32458
public nuisance, the municipal corporation, neighbor, tenant, or	32459
nonprofit corporation may apply in its complaint for an injunction	32460
or other order as described in division (C)(1) of this section, or	32461
for the relief described in division (C)(2) of this section,	32462
including, if necessary, the appointment of a receiver as	32463
described in divisions (C)(2) and (3) of this section, or for both	32464
such an injunction or other order and such relief. The municipal	32465
corporation, neighbor, tenant, or nonprofit corporation commencing	32466
the action is not liable for the costs, expenses, and fees of any	32467
receiver appointed pursuant to divisions (C)(2) and (3) of this	32468
section.	32469

(b) Prior to commencing a civil action for abatement when the	32470
property alleged to be a public nuisance is subsidized housing,	32471
the municipal corporation, neighbor, tenant, or nonprofit	32472
corporation commencing the action shall provide the landlord of	32473
that property with written notice that specifies one or more	32474
defective conditions that constitute a public nuisance as that	32475
term applies to subsidized housing and states that if the landlord	32476
fails to remedy the condition within sixty days of the service of	32477
the notice, a claim pursuant to this section may be brought on the	32478
basis that the property constitutes a public nuisance in	32479
subsidized housing. Any party authorized to bring an action	32480
against the landlord shall make reasonable attempts to serve the	32481
notice in the manner prescribed in the Rules of Civil Procedure to	32482
the landlord or the landlord's agent for the property at the	32483
property's management office, or at the place where the tenants	32484
normally pay or send rent. If the landlord is not the owner of	32485
record, the party bringing the action shall make a reasonable	32486
attempt to serve the owner. If the owner does not receive service	32487
the person bringing the action shall certify the attempts to serve	32488
the owner.	32489

(2)(a) In a civil action described in division (B)(1) of this	32490
section, a copy of the complaint and a notice of the date and time	32491
of a hearing on the complaint shall be served upon the owner of	32492
the building and all other interested parties in accordance with	32493
the Rules of Civil Procedure. If certified mail service, personal	32494
service, or residence service of the complaint and notice is	32495
refused or certified mail service of the complaint and notice is	32496
not claimed, and if the municipal corporation, neighbor, tenant,	32497
or nonprofit corporation commencing the action makes a written	32498
request for ordinary mail service of the complaint and notice, or	32499
uses publication service, in accordance with the Rules of Civil	32500
Procedure, then a copy of the complaint and notice shall be posted	32501
in a conspicuous place on the building.	32502

(b) The judge in a civil action described in division (B)(1)	32503
of this section shall conduct a hearing at least twenty-eight days	32504
after the owner of the building and the other interested parties	32505
have been served with a copy of the complaint and the notice of	32506
the date and time of the hearing in accordance with division	32507
(B)(2)(a) of this section.	32508

(c) In considering whether subsidized housing is a public	32509
nuisance, the judge shall construe the standards set forth in	32510
division (A)(2)(b) of this section in a manner consistent with	32511
department of housing and urban development and judicial	32512
interpretations of those standards. The judge shall deem that the	32513
property is not a public nuisance if during the twelve months	32514
prior to the service of the notice that division (B)(1)(b) of this	32515
section requires, the department of housing and urban	32516
development's real estate assessment center issued a score of	32517
seventy-five or higher out of a possible one hundred points	32518
pursuant to its regulations governing the physical condition of	32519
multifamily properties pursuant to 24 C.F.R. part 200, subpart P,	32520
and since the most recent inspection, there has been no	32521
significant change in the property's conditions that would create	32522
a serious threat to the health, safety, or welfare of the	32523
property's tenants.	32524

(C)(1) If the judge in a civil action described in division	32525
(B)(1) of this section finds at the hearing required by division	32526
(B)(2) of this section that the building involved is a public	32527
nuisance, if the judge additionally determines that the owner of	32528
the building previously has not been afforded a reasonable	32529
opportunity to abate the public nuisance or has been afforded such	32530
an opportunity and has not refused or failed to abate the public	32531
nuisance, and if the complaint of the municipal corporation,	32532
neighbor, tenant, or nonprofit corporation commencing the action	32533
requested the issuance of an injunction as described in this	32534
division, then the judge may issue an injunction requiring the	32535
owner of the building to abate the public nuisance or issue any	32536
other order that the judge considers necessary or appropriate to	32537
cause the abatement of the public nuisance. If an injunction is	32538
issued pursuant to this division, the owner of the building	32539
involved shall be given no more than thirty days from the date of	32540
the entry of the judge's order to comply with the injunction,	32541
unless the judge, for good cause shown, extends the time for	32542
compliance.	32543

(2) If the judge in a civil action described in division	32544
(B)(1) of this section finds at the hearing required by division	32545
(B)(2) of this section that the building involved is a public	32546
nuisance, if the judge additionally determines that the owner of	32547
the building previously has been afforded a reasonable opportunity	32548
to abate the public nuisance and has refused or failed to do so,	32549
and if the complaint of the municipal corporation, neighbor,	32550
tenant, or nonprofit corporation commencing the action requested	32551
relief as described in this division, then the judge shall offer	32552
any mortgagee, lienholder, or other interested party associated	32553
with the property on which the building is located, in the order	32554
of the priority of interest in title, the opportunity to undertake	32555
the work and to furnish the materials necessary to abate the	32556
public nuisance. Prior to selecting any interested party, the	32557
judge shall require the interested party to demonstrate the	32558
ability to promptly undertake the work and furnish the materials	32559
required, to provide the judge with a viable financial and	32560
construction plan for the rehabilitation of the building as	32561
described in division (D) of this section, and to post security	32562
for the performance of the work and the furnishing of the	32563
materials.	32564

If the judge determines, at the hearing, that no interested	32565
party is willing or able to undertake the work and to furnish the	32566
materials necessary to abate the public nuisance, or if the judge	32567
determines, at any time after the hearing, that any party who is	32568
undertaking corrective work pursuant to this division cannot or	32569
will not proceed, or has not proceeded with due diligence, the	32570
judge may appoint a receiver pursuant to division (C)(3) of this	32571
section to take possession and control of the building.	32572

(3)(a) The judge in a civil action described in division	32573
(B)(1) of this section shall not appoint any person as a receiver	32574
unless the person first has provided the judge with a viable	32575
financial and construction plan for the rehabilitation of the	32576
building involved as described in division (D) of this section and	32577
has demonstrated the capacity and expertise to perform the	32578
required work and to furnish the required materials in a	32579
satisfactory manner. An appointed receiver may be a financial	32580
institution that possesses an interest of record in the building	32581
or the property on which it is located, a nonprofit corporation as	32582
described in divisions (B)(1) and (C)(3)(b) of this section,	32583
including, but not limited to, a nonprofit corporation that	32584
commenced the action described in division (B)(1) of this section,	32585
or any other qualified property manager.	32586

(b) To be eligible for appointment as a receiver, no part of	32587
the net earnings of a nonprofit corporation shall inure to the	32588
benefit of any private shareholder or individual. Membership on	32589
the board of trustees of a nonprofit corporation appointed as a	32590
receiver does not constitute the holding of a public office or	32591
employment within the meaning of sections 731.02 and 731.12 or any	32592
other section of the Revised Code and does not constitute a direct	32593
or indirect interest in a contract or expenditure of money by any	32594
municipal corporation. A member of a board of trustees of a	32595
nonprofit corporation appointed as a receiver shall not be	32596
disqualified from holding any public office or employment, and	32597
shall not forfeit any public office or employment, by reason of	32598
~~his~~ membership on the board of trustees, notwithstanding any law	32599
to the contrary.	32600

(D) Prior to ordering any work to be undertaken, or the	32601
furnishing of any materials, to abate a public nuisance under this	32602
section, the judge in a civil action described in division (B)(1)	32603
of this section shall review the submitted financial and	32604
construction plan for the rehabilitation of the building involved	32605
and, if it specifies all of the following, shall approve that	32606
plan:	32607

(1) The estimated cost of the labor, materials, and any other	32608
development costs that are required to abate the public nuisance;	32609

(2) The estimated income and expenses of the building and the	32610
property on which it is located after the furnishing of the	32611
materials and the completion of the repairs and improvements;	32612

(3) The terms, conditions, and availability of any financing	32613
that is necessary to perform the work and to furnish the	32614
materials;	32615

(4) If repair and rehabilitation of the building are found	32616
not to be feasible, the cost of demolition of the building or of	32617
the portions of the building that constitute the public nuisance.	32618

(E) Upon the written request of any of the interested parties	32619
to have a building, or portions of a building, that constitute a	32620
public nuisance demolished because repair and rehabilitation of	32621
the building are found not to be feasible, the judge may order the	32622
demolition. However, the demolition shall not be ordered unless	32623
the requesting interested parties have paid the costs of	32624
demolition and, if any, of the receivership, and, if any, all	32625
notes, certificates, mortgages, and fees of the receivership.	32626

(F) Before proceeding with ~~his~~the duties of receiver, any	32627
receiver appointed by the judge in a civil action described in	32628
division (B)(1) of this section may be required by the judge to	32629
post a bond in an amount fixed by the judge, but not exceeding the	32630
value of the building involved as determined by the judge.	32631

The judge may empower the receiver to do any or all of the	32632
following:	32633

(1) Take possession and control of the building and the	32634
property on which it is located, operate and manage the building	32635
and the property, establish and collect rents and income, lease	32636
and rent the building and the property, and evict tenants;	32637

(2) Pay all expenses of operating and conserving the building	32638
and the property, including, but not limited to, the cost of	32639
electricity, gas, water, sewerage, heating fuel, repairs and	32640
supplies, custodian services, taxes and assessments, and insurance	32641
premiums, and hire and pay reasonable compensation to a managing	32642
agent;	32643

(3) Pay pre-receivership mortgages or installments of them	32644
and other liens;	32645

(4) Perform or enter into contracts for the performance of	32646
all work and the furnishing of materials necessary to abate, and	32647
obtain financing for the abatement of, the public nuisance;	32648

(5) Pursuant to court order, remove and dispose of any	32649
personal property abandoned, stored, or otherwise located in or on	32650
the building and the property that creates a dangerous or unsafe	32651
condition or that constitutes a violation of any local building,	32652
housing, air pollution, sanitation, health, fire, zoning, or	32653
safety code, ordinance, or regulation;	32654

(6) Obtain mortgage insurance for any receiver's mortgage	32655
from any agency of the federal government;	32656

(7) Enter into any agreement and do those things necessary to	32657
maintain and preserve the building and the property and comply	32658
with all local building, housing, air pollution, sanitation,	32659
health, fire, zoning, or safety codes, ordinances, and	32660
regulations;	32661

(8) Give the custody of the building and the property, and	32662
the opportunity to abate the nuisance and operate the property, to	32663
its owner or any mortgagee or lienholder of record;	32664

(9) Issue notes and secure them by a mortgage bearing	32665
interest, and upon terms and conditions, that the judge approves.	32666
When sold or transferred by the receiver in return for valuable	32667
consideration in money, material, labor, or services, the notes or	32668
certificates shall be freely transferable. Any mortgages granted	32669
by the receiver shall be superior to any claims of the receiver.	32670
Priority among the receiver's mortgages shall be determined by the	32671
order in which they are recorded.	32672

(G) A receiver appointed pursuant to this section is not	32673
personally liable except for misfeasance, malfeasance, or	32674
nonfeasance in the performance of the functions of ~~his~~the office	32675
of receiver.	32676

(H)(1) The judge in a civil action described in division	32677
(B)(1) of this section may assess as court costs, the expenses	32678
described in division (F)(2) of this section, and may approve	32679
receiver's fees to the extent that they are not covered by the	32680
income from the property. Subject to that limitation, a receiver	32681
appointed pursuant to divisions (C)(2) and (3) of this section is	32682
entitled to receive fees in the same manner and to the same extent	32683
as receivers appointed in actions to foreclose mortgages.	32684

(2)(a) Pursuant to the police powers vested in the state, all	32685
expenditures of a mortgagee, lienholder, or other interested party	32686
that has been selected pursuant to division (C)(2) of this section	32687
to undertake the work and to furnish the materials necessary to	32688
abate a public nuisance, and any expenditures in connection with	32689
the foreclosure of the lien created by this division, is a first	32690
lien upon the building involved and the property on which it is	32691
located and is superior to all prior and subsequent liens or other	32692
encumbrances associated with the building or the property,	32693
including, but not limited to, those for taxes and assessments,	32694
upon the occurrence of both of the following:	32695

(i) The prior approval of the expenditures by, and the entry	32696
of a judgment to that effect by, the judge in the civil action	32697
described in division (B)(1) of this section;	32698

(ii) The recordation of a certified copy of the judgment	32699
entry and a sufficient description of the property on which the	32700
building is located with the county recorder in the county in	32701
which the property is located within sixty days after the date of	32702
the entry of the judgment.	32703

(b) Pursuant to the police powers vested in the state, all	32704
expenses and other amounts paid in accordance with division (F) of	32705
this section by a receiver appointed pursuant to divisions (C)(2)	32706
and (3) of this section, the amounts of any notes issued by the	32707
receiver in accordance with division (F) of this section, all	32708
mortgages granted by the receiver in accordance with that	32709
division, the fees of the receiver approved pursuant to division	32710
(H)(1) of this section, and any amounts expended in connection	32711
with the foreclosure of a mortgage granted by the receiver in	32712
accordance with division (F) of this section or with the	32713
foreclosure of the lien created by this division, are a first lien	32714
upon the building involved and the property on which it is located	32715
and are superior to all prior and subsequent liens or other	32716
encumbrances associated with the building or the property,	32717
including, but not limited to, those for taxes and assessments,	32718
upon the occurrence of both of the following:	32719

(i) The approval of the expenses, amounts, or fees by, and	32720
the entry of a judgment to that effect by, the judge in the civil	32721
action described in division (B)(1) of this section; or the	32722
approval of the mortgages in accordance with division (F)(9) of	32723
this section by, and the entry of a judgment to that effect by,	32724
that judge;	32725

(ii) The recordation of a certified copy of the judgment	32726
entry and a sufficient description of the property on which the	32727
building is located, or, in the case of a mortgage, the	32728
recordation of the mortgage, a certified copy of the judgment	32729
entry, and such a description, with the county recorder of the	32730
county in which the property is located within sixty days after	32731
the date of the entry of the judgment.	32732

(c) Priority among the liens described in divisions (H)(2)(a)	32733
and (b) of this section shall be determined as described in	32734
division (I) of this section. Additionally, the creation pursuant	32735
to this section of a mortgage lien that is prior to or superior to	32736
any mortgage of record at the time the mortgage lien is so	32737
created, does not disqualify the mortgage of record as a legal	32738
investment under Chapter 1107. or 1151. or any other chapter of	32739
the Revised Code.	32740

(I)(1) If a receiver appointed pursuant to divisions (C)(2)	32741
and (3) of this section files with the judge in the civil action	32742
described in division (B)(1) of this section a report indicating	32743
that the public nuisance has been abated, if the judge confirms	32744
that the receiver has abated the public nuisance, and if the	32745
receiver or any interested party requests the judge to enter an	32746
order directing the receiver to sell the building and the property	32747
on which it is located, the judge may enter that order after	32748
holding a hearing as described in division (I)(2) of this section	32749
and otherwise complying with that division.	32750

(2)(a) The receiver or interested party requesting an order	32751
as described in division (I)(1) of this section shall cause a	32752
notice of the date and time of a hearing on the request to be	32753
served on the owner of the building involved and all other	32754
interested parties in accordance with division (B)(2)(a) of this	32755
section. The judge in the civil action described in division	32756
(B)(1) of this section shall conduct the scheduled hearing. At the	32757
hearing, if the owner or any interested party objects to the sale	32758
of the building and the property, the burden of proof shall be	32759
upon the objecting person to establish, by a preponderance of the	32760
evidence, that the benefits of not selling the building and the	32761
property outweigh the benefits of selling them. If the judge	32762
determines that there is no objecting person, or if the judge	32763
determines that there is one or more objecting persons but no	32764
objecting person has sustained the burden of proof specified in	32765
this division, the judge may enter an order directing the receiver	32766
to offer the building and the property for sale upon terms and	32767
conditions that the judge shall specify.	32768

(b) In any sale of subsidized housing that is ordered	32769
pursuant to this section, the judge shall specify that the	32770
subsidized housing not be conveyed unless that conveyance complies	32771
with applicable federal law and applicable program contracts for	32772
that housing. Any such conveyance shall be subject to the	32773
condition that the purchaser enter into a contract with the	32774
department of housing and urban development under which the	32775
property continues to be subsidized housing and the owner	32776
continues to operate that property as subsidized housing unless	32777
the secretary of housing and urban development terminates that	32778
property's contract prior to or upon the conveyance of the	32779
property.	32780

(3) If a sale of a building and the property on which it is	32781
located is ordered pursuant to divisions (I)(1) and (2) of this	32782
section and if the sale occurs in accordance with the terms and	32783
conditions specified by the judge in ~~his~~the judge's order of	32784
sale, then the receiver shall distribute the proceeds of the sale	32785
and the balance of any funds that the receiver may possess, after	32786
the payment of the costs of the sale, in the following order of	32787
priority and in the described manner:	32788

(a) First, in satisfaction of any notes issued by the	32789
receiver pursuant to division (F) of this section, in their order	32790
of priority;	32791

(b) Second, any unreimbursed expenses and other amounts paid	32792
in accordance with division (F) of this section by the receiver,	32793
and the fees of the receiver approved pursuant to division (H)(1)	32794
of this section;	32795

(c) Third, all expenditures of a mortgagee, lienholder, or	32796
other interested party that has been selected pursuant to division	32797
(C)(2) of this section to undertake the work and to furnish the	32798
materials necessary to abate a public nuisance, provided that the	32799
expenditures were approved as described in division (H)(2)(a) of	32800
this section and provided that, if any such interested party	32801
subsequently became the receiver, its expenditures shall be paid	32802
prior to the expenditures of any of the other interested parties	32803
so selected;	32804

(d) Fourth, the amount due for delinquent taxes, assessments,	32805
charges, penalties, and interest owed to this state or a political	32806
subdivision of this state, provided that, if the amount available	32807
for distribution pursuant to division (I)(3)(d) of this section is	32808
insufficient to pay the entire amount of those taxes, assessments,	32809
charges, penalties, and interest, the proceeds and remaining funds	32810
shall be paid to each claimant in proportion to the amount of	32811
those taxes, assessments, charges, penalties, and interest that	32812
each is due.	32813

(e) The amount of any pre-receivership mortgages, liens, or	32814
other encumbrances, in their order of priority.	32815

(4) Following a distribution in accordance with division	32816
(I)(3) of this section, the receiver shall request the judge in	32817
the civil action described in division (B)(1) of this section to	32818
enter an order terminating the receivership. If the judge	32819
determines that the sale of the building and the property on which	32820
it is located occurred in accordance with the terms and conditions	32821
specified by the judge in ~~his~~the judge's order of sale under	32822
division (I)(2) of this section and that the receiver distributed	32823
the proceeds of the sale and the balance of any funds that the	32824
receiver possessed, after the payment of the costs of the sale, in	32825
accordance with division (I)(3) of this section, and if the judge	32826
approves any final accounting required of the receiver, the judge	32827
may terminate the receivership.	32828

(J)(1) A receiver appointed pursuant to divisions (C)(2) and	32829
(3) of this section may be discharged at any time in the	32830
discretion of the judge in the civil action described in division	32831
(B)(1) of this section. The receiver shall be discharged by the	32832
judge as provided in division (I)(4) of this section, or when all	32833
of the following have occurred:	32834

(a) The public nuisance has been abated;

32835

(b) All costs, expenses, and approved fees of the	32836
receivership have been paid;	32837

(c) Either all receiver's notes issued and mortgages granted	32838
pursuant to this section have been paid, or all the holders of the	32839
notes and mortgages request that the receiver be discharged.	32840

(2) If a judge in a civil action described in division (B)(1)	32841
of this section determines that, and enters of record a	32842
declaration that, a public nuisance has been abated by a receiver,	32843
and if, within three days after the entry of the declaration, all	32844
costs, expenses, and approved fees of the receivership have not	32845
been paid in full, then, in addition to the circumstances	32846
specified in division (I) of this section for the entry of such an	32847
order, the judge may enter an order directing the receiver to sell	32848
the building involved and the property on which it is located. Any	32849
such order shall be entered, and the sale shall occur, only in	32850
compliance with division (I) of this section.	32851

(K) The title in any building, and in the property on which	32852
it is located, that is sold at a sale ordered under division (I)	32853
or (J)(2) of this section shall be incontestable in the purchaser	32854
and shall be free and clear of all liens for delinquent taxes,	32855
assessments, charges, penalties, and interest owed to this state	32856
or any political subdivision of this state, that could not be	32857
satisfied from the proceeds of the sale and the remaining funds in	32858
the receiver's possession pursuant to the distribution under	32859
division (I)(3) of this section. All other liens and encumbrances	32860
with respect to the building and the property shall survive the	32861
sale, including, but not limited to, a federal tax lien notice	32862
properly filed in accordance with section 317.09 of the Revised	32863
Code prior to the time of the sale, and the easements and	32864
covenants of record running with the property that were created	32865
prior to the time of the sale.	32866

(L)(1) Nothing in this section shall be construed as a	32867
limitation upon the powers granted to a court of common pleas, a	32868
municipal court or a housing or environmental division of a	32869
municipal court under Chapter 1901. of the Revised Code, or a	32870
county court under Chapter 1907. of the Revised Code.	32871

(2) The monetary and other limitations specified in Chapters	32872
1901. and 1907. of the Revised Code upon the jurisdiction of	32873
municipal and county courts, and of housing or environmental	32874
divisions of municipal courts, in civil actions do not operate as	32875
limitations upon any of the following:	32876

(a) Expenditures of a mortgagee, lienholder, or other	32877
interested party that has been selected pursuant to division	32878
(C)(2) of this section to undertake the work and to furnish the	32879
materials necessary to abate a public nuisance;	32880

(b) Any notes issued by a receiver pursuant to division (F)	32881
of this section;	32882

(c) Any mortgage granted by a receiver in accordance with	32883
division (F) of this section;	32884

(d) Expenditures in connection with the foreclosure of a	32885
mortgage granted by a receiver in accordance with division (F) of	32886
this section;	32887

(e) The enforcement of an order of a judge entered pursuant	32888
to this section;	32889

(f) The actions that may be taken pursuant to this section by	32890
a receiver or a mortgagee, lienholder, or other interested party	32891
that has been selected pursuant to division (C)(2) of this section	32892
to undertake the work and to furnish the materials necessary to	32893
abate a public nuisance.	32894

(3) A judge in a civil action described in division (B)(1) of	32895
this section, or the judge's successor in office, has continuing	32896
jurisdiction to review the condition of any building that was	32897
determined to be a public nuisance pursuant to this section.	32898

Sec. 3769.087. (A) In addition to the commission of eighteen	32899
per cent retained by each permit holder as provided in section	32900
3769.08 of the Revised Code, each permit holder shall retain an	32901
additional amount equal to four per cent of the total of all	32902
moneys wagered on each racing day on all wagering pools other than	32903
win, place, and show, of which amount retained an amount equal to	32904
three per cent of the total of all moneys wagered on each racing	32905
day on those pools shall be paid by check, draft, or money order	32906
to the tax commissioner, as a tax. Subject to the restrictions	32907
contained in divisions (B), (C), and (M) of section 3769.08 of the	32908
Revised Code, from such additional moneys paid to the tax	32909
commissioner:	32910

(1) Four-sixths shall be allocated to fund distribution as	32911
provided in division (M) of section 3769.08 of the Revised Code.	32912

(2) One-twelfth shall be paid into the Ohio fairs fund	32913
created by section 3769.082 of the Revised Code.	32914

(3) One-twelfth of the additional moneys paid to the tax	32915
commissioner by thoroughbred racing permit holders shall be paid	32916
into the Ohio thoroughbred race fund created by section 3769.083	32917
of the Revised Code.	32918

(4) One-twelfth of the additional moneys paid to the tax	32919
commissioner by harness horse racing permit holders shall be paid	32920
to the Ohio standardbred development fund created by section	32921
3769.085 of the Revised Code.	32922

(5) One-twelfth of the additional moneys paid to the tax	32923
commissioner by quarter horse racing permit holders shall be paid	32924
to the Ohio quarter horse development fund created by section	32925
3769.086 of the Revised Code.	32926

(6) One-sixth shall be paid into the state racing commission	32927
operating fund created by section 3769.03 of the Revised Code.	32928

The remaining one per cent that is retained of the total of	32929
all moneys wagered on each racing day on all pools other than win,	32930
place, and show, shall be retained by racing permit holders, and,	32931
except as otherwise provided in section 3769.089 of the Revised	32932
Code, racing permit holders shall use one-half for purse money and	32933
retain one-half.	32934

(B) In addition to the commission of eighteen per cent	32935
retained by each permit holder as provided in section 3769.08 of	32936
the Revised Code and the additional amount retained by each permit	32937
holder as provided in division (A) of this section, each permit	32938
holder shall retain an additional amount equal to one-half of one	32939
per cent of the total of all moneys wagered on each racing day on	32940
all wagering pools other than win, place, and show. ~~Except as~~	32941
~~provided in division (C) of this section, from the~~The additional	32942
amount retained under this division~~, each permit holder shall~~	32943
~~retain an amount equal to one-quarter of one per cent of the total~~	32944
~~of all moneys wagered on each racing day on all pools other than~~	32945
~~win, place, and show and shall pay that amount~~shall be paid by	32946
check, draft, or money order to the tax commissioner, as a tax.	32947
The tax commissioner shall pay the amount of the tax received	32948
under this division to the state racing commission operating fund	32949
created by section 3769.03 of the Revised Code.	32950

~~Except as provided in division (C) of this section, the~~	32951
~~remaining one-quarter of one per cent that is retained from the~~	32952
~~total of all moneys wagered on each racing day on all pools other~~	32953
~~than win, place, and show shall be retained by the permit holder,~~	32954
~~and the permit holder shall use one-half for purse money and~~	32955
~~retain one-half.~~	32956

~~(C) During the period commencing on July 1, 2006, and ending~~	32957
~~on and including June 30, 2007, the additional amount retained by~~	32958
~~each permit holder under division (B) of this section shall be~~	32959
~~paid by check, draft, or money order to the tax commissioner, as a~~	32960
~~tax. The tax commissioner shall pay the amount of the tax received~~	32961
~~under this division to the state racing commission operating fund~~	32962
~~created by section 3769.03 of the Revised Code.~~	32963

Sec. 3770.03. (A) The state lottery commission shall	32964
promulgate rules under which a statewide lottery may be conducted.	32965
The rules shall be promulgated pursuant to Chapter 119. of the	32966
Revised Code, except that instant game rules shall be promulgated	32967
pursuant to section 111.15 of the Revised Code but are not subject	32968
to division (D) of that section. Subjects covered in these rules	32969
shall include, but need not be limited to, the following:	32970

(1) The type of lottery to be conducted;

32971

(2) The prices of tickets in the lottery;. No rule shall set	32972
a price that exceeds twenty dollars to purchase an individual	32973
lottery ticket.	32974

(3) The number, nature, and value of prize awards, the manner	32975
and frequency of prize drawings, and the manner in which prizes	32976
shall be awarded to holders of winning tickets. No rule shall	32977
authorize drawings on a Sunday for any lottery game unless the	32978
rule is approved by an executive order of the governor.	32979

(B) The commission shall promulgate rules, in addition to	32980
those described in division (A) of this section, pursuant to	32981
Chapter 119. of the Revised Code under which a statewide lottery	32982
and statewide joint lottery games may be conducted. Subjects	32983
covered in these rules shall include, but not be limited to, the	32984
following:	32985

(1) The locations at which lottery tickets may be sold and	32986
the manner in which they are to be sold. These rules may authorize	32987
the sale of lottery tickets by commission personnel or other	32988
licensed individuals from traveling show wagons at the state fair,	32989
and at any other expositions the director of the commission	32990
considers acceptable. These rules shall prohibit commission	32991
personnel or other licensed individuals from soliciting from an	32992
exposition the right to sell lottery tickets at that exposition,	32993
but shall allow commission personnel or other licensed individuals	32994
to sell lottery tickets at an exposition if the exposition	32995
requests commission personnel or licensed individuals to do so.	32996
These rules may also address the accessibility of sales agent	32997
locations to commission products in accordance with the "Americans	32998
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	32999
et seq.	33000

(2) The manner in which lottery sales revenues are to be	33001
collected, including authorization for the director to impose	33002
penalties for failure by lottery sales agents to transfer revenues	33003
to the commission in a timely manner;	33004

(3) The amount of compensation to be paid licensed lottery	33005
sales agents;	33006

(4) The substantive criteria for the licensing of lottery	33007
sales agents consistent with section 3770.05 of the Revised Code,	33008
and procedures for revoking or suspending their licenses	33009
consistent with Chapter 119. of the Revised Code. If	33010
circumstances, such as the nonpayment of funds owed by a lottery	33011
sales agent, or other circumstances related to the public safety,	33012
convenience, or trust, require immediate action, the director may	33013
suspend a license without affording an opportunity for a prior	33014
hearing under section 119.07 of the Revised Code.	33015

(5) Special game rules to implement any agreements signed by	33016
the governor that the director enters into with other lottery	33017
jurisdictions under division (J) of section 3770.02 of the Revised	33018
Code to conduct statewide joint lottery games. The rules shall	33019
require that the entire net proceeds of those games that remain,	33020
after associated operating expenses, prize disbursements, lottery	33021
sales agent bonuses, commissions, and reimbursements, and any	33022
other expenses necessary to comply with the agreements or the	33023
rules are deducted from the gross proceeds of those games, be	33024
transferred to the lottery profits education fund under division	33025
(B) of section 3770.06 of the Revised Code.	33026

(C) The commission may promulgate rules, in addition to those	33027
described in divisions (A) and (B) of this section, that establish	33028
standards governing the display of advertising and celebrity	33029
images on lottery tickets and on other items that are used in the	33030
conduct of, or to promote, the statewide lottery and statewide	33031
joint lottery games. Any revenue derived from the sale of	33032
advertising displayed on lottery tickets and on those other items	33033
shall be considered, for purposes of section 3770.06 of the	33034
Revised Code, to be related proceeds in connection with the	33035
statewide lottery or gross proceeds from statewide joint lottery	33036
games, as applicable.	33037

(D)(1) The commission shall meet with the director at least	33038
once each month and shall convene other meetings at the request of	33039
the chairperson or any five of the members. No action taken by the	33040
commission shall be binding unless at least five of the members	33041
present vote in favor of the action. A written record shall be	33042
made of the proceedings of each meeting and shall be transmitted	33043
forthwith to the governor, the president of the senate, the senate	33044
minority leader, the speaker of the house of representatives, and	33045
the house minority leader.	33046

(2) The director shall present to the commission a report	33047
each month, showing the total revenues, prize disbursements, and	33048
operating expenses of the state lottery for the preceding month.	33049
As soon as practicable after the end of each fiscal year, the	33050
commission shall prepare and transmit to the governor and the	33051
general assembly a report of lottery revenues, prize	33052
disbursements, and operating expenses for the preceding fiscal	33053
year and any recommendations for legislation considered necessary	33054
by the commission.	33055

Sec. 3770.06. (A) There is hereby created the state lottery	33056
gross revenue fund, which shall be in the custody of the treasurer	33057
of state but shall not be part of the state treasury. All gross	33058
revenues received from sales of lottery tickets, fines, fees, and	33059
related proceeds in connection with the statewide lottery and all	33060
gross proceeds from statewide joint lottery games shall be	33061
deposited into the fund. The treasurer of state shall invest any	33062
portion of the fund not needed for immediate use in the same	33063
manner as, and subject to all provisions of law with respect to	33064
the investment of, state funds. The treasurer of state shall	33065
disburse money from the fund on order of the director of the state	33066
lottery commission or the director's designee.	33067

Except for gross proceeds from statewide joint lottery games,	33068
all revenues of the state lottery gross revenue fund that are not	33069
paid to holders of winning lottery tickets, that are not required	33070
to meet short-term prize liabilities, that are not credited to	33071
lottery sales agents in the form of bonuses, commissions, or	33072
reimbursements, that are not paid to financial institutions to	33073
reimburse those institutions for sales agent nonsufficient funds,	33074
and that are collected from sales agents for remittance to	33075
insurers under contract to provide sales agent bonding services	33076
shall be transferred to the state lottery fund, which is hereby	33077
created in the state treasury. In addition, all revenues of the	33078
state lottery gross revenue fund that represent the gross proceeds	33079
from the statewide joint lottery games and that are not paid to	33080
holders of winning lottery tickets, that are not required to meet	33081
short-term prize liabilities, that are not credited to lottery	33082
sales agents in the form of bonuses, commissions, or	33083
reimbursements, and that are not necessary to cover operating	33084
expenses associated with those games or to otherwise comply with	33085
the agreements signed by the governor that the director enters	33086
into under division (J) of section 3770.02 of the Revised Code or	33087
the rules the commission adopts under division (B)(5) of section	33088
3770.03 of the Revised Code shall be transferred to the state	33089
lottery fund. All investment earnings of the fund shall be	33090
credited to the fund. Moneys shall be disbursed from the fund	33091
pursuant to vouchers approved by the director. Total disbursements	33092
for monetary prize awards to holders of winning lottery tickets in	33093
connection with the statewide lottery and purchases of goods and	33094
services awarded as prizes to holders of winning lottery tickets	33095
shall be of an amount equal to at least fifty per cent of the	33096
total revenue accruing from the sale of lottery tickets.	33097

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	33098
there is hereby established in the state treasury the lottery	33099
profits education fund. Whenever, in the judgment of the director	33100
of budget and management, the amount to the credit of the state	33101
lottery fund that does not represent proceeds from statewide joint	33102
lottery games is in excess of that needed to meet the maturing	33103
obligations of the commission and as working capital for its	33104
further operations, the director shall transfer the excess to the	33105
lottery profits education fund in connection with the statewide	33106
lottery. In addition, whenever, in the judgment of the director of	33107
budget and management, the amount to the credit of the state	33108
lottery fund that represents proceeds from statewide joint lottery	33109
games equals the entire net proceeds of those games as described	33110
in division (B)(5) of section 3770.03 of the Revised Code and the	33111
rules adopted under that division, the director shall transfer	33112
those proceeds to the lottery profits education fund. There shall	33113
also be credited to the fund any repayments of moneys loaned from	33114
the educational excellence investment fund. Investment earnings of	33115
the lottery profits education fund shall be credited to the fund.	33116

The lottery profits education fund shall be used solely for	33117
the support of elementary, secondary, vocational, and special	33118
education programs as determined in appropriations made by the	33119
general assembly, or as provided in applicable bond proceedings	33120
for the payment of debt service on obligations issued to pay costs	33121
of capital facilities, including those for a system of common	33122
schools throughout the state pursuant to section 2n of Article	33123
VIII, Ohio Constitution. When determining the availability of	33124
money in the lottery profits education fund, the director of	33125
budget and management may consider all balances and estimated	33126
revenues of the fund.	33127

~~From the amounts that the director of budget and management~~	33128
~~transfers in any fiscal year from the state lottery fund to the~~	33129
~~lottery profits education fund, the director shall transfer the~~	33130
~~initial ten million dollars of those amounts from the lottery~~	33131
~~profits education fund to the school building program bond service~~	33132
~~fund created in division (Q) of section 3318.26 of the Revised~~	33133
~~Code to be pledged for the purpose of paying bond service charges~~	33134
~~as defined in division (C) of section 3318.21 of the Revised Code~~	33135
~~on one or more issuances of obligations, which obligations are~~	33136
~~issued to provide moneys for the school building program~~	33137
~~assistance fund created in section 3318.25 of the Revised Code.~~	33138

(C) There is hereby established in the state treasury the	33139
deferred prizes trust fund. With the approval of the director of	33140
budget and management, an amount sufficient to fund annuity prizes	33141
shall be transferred from the state lottery fund and credited to	33142
the trust fund. The treasurer of state shall credit all earnings	33143
arising from investments purchased under this division to the	33144
trust fund. Within sixty days after the end of each fiscal year,	33145
the treasurer of state shall certify to the director of budget and	33146
management whether the actuarial amount of the trust fund is	33147
sufficient over the fund's life for continued funding of all	33148
remaining deferred prize liabilities as of the last day of the	33149
fiscal year just ended. Also, within that sixty days, the director	33150
of budget and management shall certify the amount of investment	33151
earnings necessary to have been credited to the trust fund during	33152
the fiscal year just ending to provide for such continued funding	33153
of deferred prizes. Any earnings credited in excess of ~~this~~the	33154
latter certified amount shall be transferred to the lottery	33155
profits education fund.	33156

To provide all or a part of the amounts necessary to fund	33157
deferred prizes awarded by the commission in connection with the	33158
statewide lottery, the treasurer of state, in consultation with	33159
the commission, may invest moneys contained in the deferred prizes	33160
trust fund which represents proceeds from the statewide lottery in	33161
obligations of the type permitted for the investment of state	33162
funds but whose maturities are thirty years or less.	33163
Notwithstanding the requirements of any other section of the	33164
Revised Code, to provide all or part of the amounts necessary to	33165
fund deferred prizes awarded by the commission in connection with	33166
statewide joint lottery games, the treasurer of state, in	33167
consultation with the commission, may invest moneys in the trust	33168
fund which represent proceeds derived from the statewide joint	33169
lottery games in accordance with the rules the commission adopts	33170
under division (B)(5) of section 3770.03 of the Revised Code.	33171
Investments of the trust fund are not subject to the provisions of	33172
division (A)(10) of section 135.143 of the Revised Code limiting	33173
to twenty-five per cent the amount of the state's total average	33174
portfolio that may be invested in debt interests and limiting to	33175
one-half of one per cent the amount that may be invested in debt	33176
interests of a single issuer.	33177

All purchases made under this division shall be effected on a	33178
delivery versus payment method and shall be in the custody of the	33179
treasurer of state.	33180

The treasurer of state may retain an investment advisor, if	33181
necessary. The commission shall pay any costs incurred by the	33182
treasurer of state in retaining an investment advisor.	33183

(D) The auditor of state shall conduct annual audits of all	33184
funds and any other audits as the auditor of state or the general	33185
assembly considers necessary. The auditor of state may examine all	33186
records, files, and other documents of the commission, and records	33187
of lottery sales agents that pertain to their activities as	33188
agents, for purposes of conducting authorized audits.	33189

The state lottery commission shall establish an internal	33190
audit program before the beginning of each fiscal year, subject to	33191
the approval of the auditor of state. At the end of each fiscal	33192
year, the commission shall prepare and submit an annual report to	33193
the auditor of state for the auditor of state's review and	33194
approval, specifying the internal audit work completed by the end	33195
of that fiscal year and reporting on compliance with the annual	33196
internal audit program. The form and content of the report shall	33197
be prescribed by the auditor of state under division (C) of	33198
section 117.20 of the Revised Code.	33199

(E) Whenever, in the judgment of the director of budget and	33200
management, an amount of net state lottery proceeds is necessary	33201
to be applied to the payment of debt service on obligations, all	33202
as defined in sections 151.01 and 151.03 of the Revised Code, the	33203
director shall transfer that amount directly from the state	33204
lottery fund or from the lottery profits education fund to the	33205
bond service fund defined in those sections. The provisions of	33206
this division are subject to any prior pledges or obligation of	33207
those amounts to the payment of bond service charges as defined in	33208
division (C) of section 3318.21 of the Revised Code, as referred	33209
to in division (B) of this section.	33210

Sec. 3905.36. (A) Except as provided in divisions (B) and	33211
(C) of this section, every insured association, company,	33212
corporation, or other person that enters, directly or indirectly,	33213
into any agreements with any insurance company, association,	33214
individual, firm, underwriter, or Lloyd's, not authorized to do	33215
business in this state, whereby the insured shall procure,	33216
continue, or renew contracts of insurance covering subjects of	33217
insurance resident, located, or to be performed within this state,	33218
with such unauthorized insurance company, association, individual,	33219
firm, underwriter, or Lloyd's, for which insurance there is a	33220
gross premium, membership fee, assessment, dues, or other	33221
consideration charged or collected, shall annually, on or before	33222
the thirty-first day of January, return to the superintendent of	33223
insurance a statement under oath showing the name and address of	33224
the insured, name and address of the insurer, subject of the	33225
insurance, general description of the coverage, and amount of	33226
gross premium, fee, assessment, dues, or other consideration for	33227
such insurance for the preceding twelve-month period and shall at	33228
the same time pay to the treasurer of state a tax of five per cent	33229
of such gross premium, fee, assessment, dues, or other	33230
consideration, after a deduction for return premium, if any, as	33231
calculated on a form prescribed by the treasurer of state. All	33232
taxes collected under this section by the treasurer of state shall	33233
be paid into the general revenue fund. If the tax is not paid when	33234
due, the tax shall be increased by a penalty of twenty-five per	33235
cent. An interest charge computed as set forth in section	33236
5725.221 of the Revised Code shall be made on the entire sum of	33237
the tax plus penalty, which interest shall be computed from the	33238
date the tax is due until it is paid. For purposes of this	33239
section, payment is considered made when it is received by the	33240
treasurer of state, irrespective of any United States postal	33241
service marking or other stamp or mark indicating the date on	33242
which the payment may have been mailed.	33243

(B) This section does not apply to:

33244

(1) Transactions in this state involving a policy solicited,	33245
written, and delivered outside this state covering only subjects	33246
of insurance not resident, located, or to be performed in this	33247
state at the time of issuance, provided such transactions are	33248
subsequent to the issuance of the policy;	33249

(2) Attorneys-at-law acting on behalf of their clients in the	33250
adjustment of claims or losses;	33251

(3) Transactions involving policies issued by a captive	33252
insurer. For this purpose, a "captive insurer" means any of the	33253
following:	33254

(a) An insurer owned by one or more individuals or	33255
organizations, whose exclusive purpose is to insure risks of one	33256
or more of the parent organizations or individual owners and risks	33257
of one or more affiliates of the parent organizations or	33258
individual owners;	33259

(b) In the case of groups and associations, insurers owned by	33260
the group or association whose exclusive purpose is to insure	33261
risks of members of the group or association and affiliates of the	33262
members;	33263

(c) Other types of insurers, licensed and operated in	33264
accordance with the captive insurance laws of their jurisdictions	33265
of domicile and operated in a manner so as to self-insure risks of	33266
their owners and insureds.	33267

(4) Professional or medical liability insurance procured by a	33268
hospital organized under Chapter 3701. of the Revised Code ~~or on~~	33269
~~behalf of an entity that manufactures, packages, and sells, as~~	33270
~~more than fifty per cent of the entity's business, pharmaceutical~~	33271
~~products for human use where the production, packaging, and sale~~	33272
~~of such products are subject to regulation by an agency of the~~	33273
~~United States~~;	33274

(5) Insurance with an initial policy period of more than	33275
three years and that is procured to cover known events related to	33276
environmental remediation that occurred prior to the effective	33277
date of that insurance;	33278

(6) Insurance procured on behalf of an entity that	33279
manufactures, packages, and sells, as more than fifty per cent of	33280
the entity's business, pharmaceutical products for human use where	33281
the production, packaging, and sale of such products are subject	33282
to regulation by an agency of the United States.	33283

(C) In transactions that are subject to sections 3905.30 to	33284
3905.35 of the Revised Code, each person licensed under section	33285
3905.30 of the Revised Code shall pay to the treasurer of state,	33286
on or before the thirty-first day of January of each year, five	33287
per cent of the balance of the gross premiums charged for	33288
insurance placed or procured under the license after a deduction	33289
for return premiums, as reported on a form prescribed by the	33290
treasurer of state. The tax shall be collected from the insured by	33291
the surplus line broker who placed or procured the policy of	33292
insurance at the time the policy is delivered to the insured. No	33293
license issued under section 3905.30 of the Revised Code shall be	33294
renewed until payment is made. If the tax is not paid when due,	33295
the tax shall be increased by a penalty of twenty-five per cent.	33296
An interest charge computed as set forth in section 5725.221 of	33297
the Revised Code shall be made on the entire sum of the tax plus	33298
penalty, which interest shall be computed from the date the tax is	33299
due until it is paid. For purposes of this section, payment is	33300
considered made when it is received by the treasurer of state,	33301
irrespective of any United States postal service marking or other	33302
stamp or mark indicating the date on which the payment may have	33303
been mailed.	33304

Sec. 3923.281. (A) As used in this section:

33305

(1) "Biologically based mental illness" means schizophrenia,	33306
schizoaffective disorder, major depressive disorder, bipolar	33307
disorder, paranoia and other psychotic disorders,	33308
obsessive-compulsive disorder, and panic disorder, as these terms	33309
are defined in the most recent edition of the diagnostic and	33310
statistical manual of mental disorders published by the American	33311
psychiatric association.	33312

(2) "Policy of sickness and accident insurance" has the same	33313
meaning as in section 3923.01 of the Revised Code, but excludes	33314
any hospital indemnity, medicare supplement, long-term care,	33315
disability income, one-time-limited-duration policy of not longer	33316
than six months, supplemental benefit, or other policy that	33317
provides coverage for specific diseases or accidents only; any	33318
policy that provides coverage for workers' compensation claims	33319
compensable pursuant to Chapters 4121. and 4123. of the Revised	33320
Code; and any policy that provides coverage to beneficiaries	33321
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	33322
(1935), 42 U.S.C.A. 301, as amended, known as the medical	33323
assistance program or medicaid, as provided by the Ohio department	33324
of job and family services under Chapter 5111. of the Revised	33325
Code.	33326

(B) Notwithstanding section 3901.71 of the Revised Code, and	33327
subject to division (E) of this section, every ~~group~~ policy of	33328
sickness and accident insurance shall provide benefits for the	33329
diagnosis and treatment of biologically based mental illnesses on	33330
the same terms and conditions as, and shall provide benefits no	33331
less extensive than, those provided under the policy of sickness	33332
and accident insurance for the treatment and diagnosis of all	33333
other physical diseases and disorders, if both of the following	33334
apply:	33335

(1) The biologically based mental illness is clinically	33336
diagnosed by a physician authorized under Chapter 4731. of the	33337
Revised Code to practice medicine and surgery or osteopathic	33338
medicine and surgery; a psychologist licensed under Chapter 4732.	33339
of the Revised Code; a professional clinical counselor,	33340
professional counselor, or independent social worker licensed	33341
under Chapter 4757. of the Revised Code; or a clinical nurse	33342
specialist licensed under Chapter 4723. of the Revised Code whose	33343
nursing specialty is mental health.	33344

(2) The prescribed treatment is not experimental or	33345
investigational, having proven its clinical effectiveness in	33346
accordance with generally accepted medical standards.	33347

(C) Division (B) of this section applies to all coverages and	33348
terms and conditions of the policy of sickness and accident	33349
insurance, including, but not limited to, coverage of inpatient	33350
hospital services, outpatient services, and medication; maximum	33351
lifetime benefits; copayments; and individual and family	33352
deductibles.	33353

(D) Nothing in this section shall be construed as prohibiting	33354
a sickness and accident insurance company from taking any of the	33355
following actions:	33356

(1) Negotiating separately with mental health care providers	33357
with regard to reimbursement rates and the delivery of health care	33358
services;	33359

(2) Offering policies that provide benefits solely for the	33360
diagnosis and treatment of biologically based mental illnesses;	33361

(3) Managing the provision of benefits for the diagnosis or	33362
treatment of biologically based mental illnesses through the use	33363
of pre-admission screening, by requiring beneficiaries to obtain	33364
authorization prior to treatment, or through the use of any other	33365
mechanism designed to limit coverage to that treatment determined	33366
to be necessary;	33367

(4) Enforcing the terms and conditions of a policy of	33368
sickness and accident insurance.	33369

(E) An insurer that offers ~~a group~~any policy of sickness and	33370
accident insurance is not required to provide benefits for the	33371
diagnosis and treatment of biologically based mental illnesses	33372
pursuant to division (B) of this section if all of the following	33373
apply:	33374

(1) The insurer submits documentation certified by an	33375
independent member of the American academy of actuaries to the	33376
superintendent of insurance showing that incurred claims for	33377
diagnostic and treatment services for biologically based mental	33378
illnesses for a period of at least six months independently caused	33379
the insurer's costs for claims and administrative expenses for the	33380
coverage of all other physical diseases and disorders to increase	33381
by more than one per cent per year.	33382

(2) The insurer submits a signed letter from an independent	33383
member of the American academy of actuaries to the superintendent	33384
of insurance opining that the increase described in division	33385
(E)(1) of this section could reasonably justify an increase of	33386
more than one per cent in the annual premiums or rates charged by	33387
the insurer for the coverage of all other physical diseases and	33388
disorders.	33389

(3) The superintendent of insurance makes the following	33390
determinations from the documentation and opinion submitted	33391
pursuant to divisions (E)(1) and (2) of this section:	33392

(a) Incurred claims for diagnostic and treatment services for	33393
biologically based mental illnesses for a period of at least six	33394
months independently caused the insurer's costs for claims and	33395
administrative expenses for the coverage of all other physical	33396
diseases and disorders to increase by more than one per cent per	33397
year.	33398

(b) The increase in costs reasonably justifies an increase of	33399
more than one per cent in the annual premiums or rates charged by	33400
the insurer for the coverage of all other physical diseases and	33401
disorders.	33402

Any determination made by the superintendent under this	33403
division is subject to Chapter 119. of the Revised Code.	33404

Sec. 4141.09. (A) There is hereby created an unemployment	33405
compensation fund to be administered by the state without	33406
liability on the part of the state beyond the amounts paid into	33407
the fund and earned by the fund. The unemployment compensation	33408
fund shall consist of all contributions, payments in lieu of	33409
contributions described in sections 4141.241 and 4141.242 of the	33410
Revised Code, reimbursements of the federal share of extended	33411
benefits described in section 4141.301 of the Revised Code,	33412
collected under sections 4141.01 to 4141.46 of the Revised Code,	33413
together with all interest earned upon any moneys deposited with	33414
the secretary of the treasury of the United States to the credit	33415
of the account of this state in the unemployment trust fund	33416
established and maintained pursuant to section 904 of the "Social	33417
Security Act," any property or securities acquired through the use	33418
of moneys belonging to the fund, and all earnings of such property	33419
or securities. The unemployment compensation fund shall be used to	33420
pay benefits and refunds as provided by such sections and for no	33421
other purpose.	33422

(B) The treasurer of state shall be the custodian of the	33423
unemployment compensation fund and shall administer such fund in	33424
accordance with the directions of the director of job and family	33425
services. All disbursements therefrom shall be paid by the	33426
treasurer of state on warrants drawn by the director. Such	33427
warrants may bear the facsimile signature of the director printed	33428
thereon and that of a deputy or other employee of the director	33429
charged with the duty of keeping the account of the unemployment	33430
compensation fund and with the preparation of warrants for the	33431
payment of benefits to the persons entitled thereto. Moneys in the	33432
clearing and benefit accounts shall not be commingled with other	33433
state funds, except as provided in division (C) of this section,	33434
but shall be maintained in separate accounts on the books of the	33435
depositary bank. Such money shall be secured by the depositary	33436
bank to the same extent and in the same manner as required by	33437
sections 135.01 to 135.21 of the Revised Code; and collateral	33438
pledged for this purpose shall be kept separate and distinct from	33439
any collateral pledged to secure other funds of this state. All	33440
sums recovered for losses sustained by the unemployment	33441
compensation fund shall be deposited therein. The treasurer of	33442
state shall be liable on the treasurer's official bond for the	33443
faithful performance of the treasurer's duties in connection with	33444
the unemployment compensation fund, such liability to exist in	33445
addition to any liability upon any separate bond.	33446

(C) The treasurer of state shall maintain within the	33447
unemployment compensation fund three separate accounts which shall	33448
be a clearing account, ~~an unemployment~~a trust fund account, and a	33449
benefit account. All moneys payable to the unemployment	33450
compensation fund, upon receipt ~~thereof~~ by the director, shall be	33451
forwarded to the treasurer of state, who shall immediately deposit	33452
them in the clearing account. Refunds of contributions, or	33453
payments in lieu of contributions, payable pursuant to division	33454
(E) of this section may be paid from the clearing account upon	33455
warrants signed by a deputy or other employee of the director	33456
charged with the duty of keeping the record of the clearing	33457
account and with the preparation of warrants for the payment of	33458
refunds to persons entitled thereto. After clearance thereof, all	33459
moneys in the clearing account shall be deposited with the	33460
secretary of the treasury of the United States to the credit of	33461
the account of this state in the unemployment trust fund	33462
established and maintained pursuant to section 904 of the "Social	33463
Security Act," in accordance with requirements of the "Federal	33464
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	33465
3304(a)(3), any law in this state relating to the deposit,	33466
administration, release, or disbursement of moneys in the	33467
possession or custody of this state to the contrary	33468
notwithstanding. The benefit account shall consist of all moneys	33469
requisitioned from this state's account in the unemployment trust	33470
fund. Federal funds~~, other than funds received by the director~~	33471
~~under divisions (I) and (J) of this section, received for payment~~	33472
~~of federal benefits~~ may be deposited, at the director's	33473
discretion, into the benefit account. Any funds deposited into the	33474
benefit account shall be disbursed solely for payment of benefits	33475
under a federal program administered by this state~~. Moneys so~~	33476
~~requisitioned shall be used solely for the payment of benefits~~ and	33477
for no other purpose. Moneys in the clearing and benefit accounts	33478
may be deposited by the treasurer of state, under the direction of	33479
the director, in any bank or public depositary in which general	33480
funds of the state may be deposited, but no public deposit	33481
insurance charge or premium shall be paid out of the fund.	33482

(D) Moneys shall be requisitioned from this state's account	33483
in the unemployment trust fund solely for the payment of benefits	33484
and in accordance with regulations prescribed by the director. The	33485
director shall requisition from the unemployment trust fund such	33486
amounts, not exceeding the amount standing to this state's account	33487
therein, as are deemed necessary for the payment of benefits for a	33488
reasonable future period. Upon receipt thereof, the treasurer of	33489
state shall deposit such moneys in the benefit account.	33490
Expenditures of such money in the benefit account and refunds from	33491
the clearing account shall not require specific appropriations or	33492
other formal release by state officers of money in their custody.	33493
Any balance of moneys requisitioned from the unemployment trust	33494
fund which remains unclaimed or unpaid in the benefit account	33495
after the expiration of the period for which such sums were	33496
requisitioned shall either be deducted from estimates for and may	33497
be utilized for the payment of benefits during succeeding periods,	33498
or, in the discretion of the director, shall be redeposited with	33499
the secretary of the treasury of the United States to the credit	33500
of this state's account in the unemployment trust fund, as	33501
provided in division (C) of this section. Unclaimed or unpaid	33502
federal funds redeposited with the secretary of the treasury of	33503
the United States shall be credited to the appropriate federal	33504
account.	33505

(E) No claim for an adjustment or a refund on contribution,	33506
payment in lieu of contributions, interest, or forfeiture alleged	33507
to have been erroneously or illegally assessed or collected, or	33508
alleged to have been collected without authority, and no claim for	33509
an adjustment or a refund of any sum alleged to have been	33510
excessive or in any manner wrongfully collected shall be allowed	33511
unless an application, in writing, therefor is made within four	33512
years from the date on which such payment was made. If the	33513
director determines that such contribution, payment in lieu of	33514
contributions, interest, or forfeiture, or any portion thereof,	33515
was erroneously collected, the director shall allow such employer	33516
to make an adjustment thereof without interest in connection with	33517
subsequent contribution payments, or payments in lieu of	33518
contributions, by the employer, or the director may refund said	33519
amount, without interest, from the clearing account of the	33520
unemployment compensation fund, except as provided in division (B)	33521
of section 4141.11 of the Revised Code. For like cause and within	33522
the same period, adjustment or refund may be so made on the	33523
director's own initiative. An overpayment of contribution, payment	33524
in lieu of contributions, interest, or forfeiture for which an	33525
employer has not made application for refund prior to the date of	33526
sale of the employer's business shall accrue to the employer's	33527
successor in interest.	33528

An application for an adjustment or a refund, or any portion	33529
thereof, that is rejected is binding upon the employer unless,	33530
within thirty days after the mailing of a written notice of	33531
rejection to the employer's last known address, or, in the absence	33532
of mailing of such notice, within thirty days after the delivery	33533
of such notice, the employer files an application for a review and	33534
redetermination setting forth the reasons therefor. The director	33535
shall promptly examine the application for review and	33536
redetermination, and if a review is granted, the employer shall be	33537
promptly notified thereof, and shall be granted an opportunity for	33538
a prompt hearing.	33539

(F) If the director finds that contributions have been paid	33540
to the director in error, and that such contributions should have	33541
been paid to a department of another state or of the United States	33542
charged with the administration of an unemployment compensation	33543
law, the director may upon request by such department or upon the	33544
director's own initiative transfer to such department the amount	33545
of such contributions, less any benefits paid to claimants whose	33546
wages were the basis for such contributions. The director may	33547
request and receive from such department any contributions or	33548
adjusted contributions paid in error to such department which	33549
should have been paid to the director.	33550

(G) In accordance with section 303(c)(3) of the Social	33551
Security Act, and section 3304(a)(17) of the Internal Revenue Code	33552
of 1954 for continuing certification of Ohio unemployment	33553
compensation laws for administrative grants and for tax credits,	33554
any interest required to be paid on advances under Title XII of	33555
the Social Security Act shall be paid in a timely manner and shall	33556
not be paid, directly or indirectly, by an equivalent reduction in	33557
the Ohio unemployment taxes or otherwise, by the state from	33558
amounts in the unemployment compensation fund.	33559

(H) The treasurer of state, under the direction of the	33560
director and in accordance with the "Cash Management Improvement	33561
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	33562
amounts of interest earned by the state on funds in the benefit	33563
account established pursuant to division (C) of this section into	33564
the department of job and family services banking fees fund, which	33565
is hereby created in the state treasury for the purpose of paying	33566
related banking costs incurred by the state for the period for	33567
which the interest is calculated, except that if the deposited	33568
interest exceeds the banking costs incurred by the state for the	33569
period for which the interest is calculated, the treasurer of	33570
state shall deposit the excess interest into the unemployment	33571
trust fund.	33572

(I) ~~The treasurer of state, under the direction of the~~	33573
~~director, shall deposit federal funds received by the director for~~	33574
~~the payment of benefits, job search, relocation, transportation,~~	33575
~~and subsistence allowances pursuant to the "Trade Act of 1974," 88~~	33576
~~Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American Free~~	33577
~~Trade Implementation Act of 1993," 107 Stat. 2057, 19 U.S.C.A.~~	33578
~~3301, as amended; and the "Trade Act of 2002," 116 Stat. 993, 19~~	33579
~~U.S.C.A. 3801, as amended, into the Trade Act benefit account,~~	33580
~~which is hereby created for the purpose of making payments~~	33581
~~specified under those acts.~~	33582

~~(J)~~ The treasurer of state, under the direction of the	33583
director, shall deposit federal funds received by the director for	33584
training and administration and for payment of benefits, job	33585
search, relocation, transportation, and subsistence allowances	33586
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	33587
2101, as amended; the "North American Free Trade Agreement	33588
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	33589
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	33590
3801, as amended, into the Trade Act training and administration	33591
account, which is hereby created for the purpose of making	33592
payments specified under those acts. The treasurer of state, under	33593
the direction of the director, may transfer funds from the Trade	33594
Act training and administration account to the benefit account for	33595
the purpose of making any payments directly to claimants for	33596
benefits, job search, relocation, transportation, and subsistence	33597
allowances, as specified by those acts.	33598

Sec. 4301.20. This chapter and Chapter 4303. of the Revised	33599
Code do not prevent the following:	33600

(A) The storage of intoxicating liquor in bonded warehouses,	33601
established in accordance with the acts of congress and under the	33602
regulation of the United States, located in this state, or the	33603
transportation of intoxicating liquor to or from bonded warehouses	33604
of the United States wherever located;	33605

(B) A bona fide resident of this state who is the owner of a	33606
warehouse receipt from obtaining or transporting to the resident's	33607
residence for the resident's own consumption and not for resale	33608
spirituous liquor stored in a government bonded warehouse in this	33609
state or in another state prior to December 1933, subject to such	33610
terms as are prescribed by the division of liquor control;	33611

(C) The manufacture of cider from fruit for the purpose of	33612
making vinegar, and nonintoxicating cider and fruit juices for use	33613
and sale;	33614

(D) A licensed physician or dentist from administering or	33615
dispensing intoxicating liquor or alcohol to a patient in good	33616
faith in the actual course of the practice of the physician's or	33617
dentist's profession;	33618

(E) The sale of alcohol to physicians, dentists, druggists,	33619
veterinary surgeons, manufacturers, hospitals, infirmaries, or	33620
medical or educational institutions using the alcohol for	33621
medicinal, mechanical, chemical, or scientific purposes;	33622

(F) The sale, gift, or keeping for sale by druggists and	33623
others of any of the medicinal preparations manufactured in	33624
accordance with the formulas prescribed by the United States	33625
Pharmacopoeia and National Formulary, patent or proprietary	33626
preparations, and other bona fide medicinal and technical	33627
preparations, which contain no more alcohol than is necessary to	33628
hold the medicinal agents in solution and to preserve the same,	33629
which are manufactured and sold as medicine and not as beverages,	33630
are unfit for use for beverage purposes, and the sale of which	33631
does not require the payment of a United States liquor dealer's	33632
tax;	33633

(G) The manufacture and sale of tinctures or of toilet,	33634
medicinal, and antiseptic preparations and solutions not intended	33635
for internal human use nor to be sold as beverages, and which are	33636
unfit for beverage purposes, if upon the outside of each bottle,	33637
box, or package of which there is printed in the English language,	33638
conspicuously and legibly, the quantity by volume of alcohol in	33639
the preparation or solution;	33640

(H) The manufacture and keeping for sale of the food products	33641
known as flavoring extracts when manufactured and sold for	33642
cooking, culinary, or flavoring purposes, and which are unfit for	33643
use for beverage purposes;	33644

(I) The lawful sale of wood alcohol or of ethyl alcohol for	33645
external use when combined with other substances as to make it	33646
unfit for internal use;	33647

(J) The manufacture, sale, and transport of ethanol or ethyl	33648
alcohol for use as fuel. As used in this division, "ethanol" has	33649
the same meaning as in section 5733.46 of the Revised Code.	33650

(K) The purchase and importation into this state of	33651
intoxicating liquor for use in manufacturing processes of	33652
nonbeverage food products under terms prescribed by the division,	33653
provided that the terms prescribed by the division shall not	33654
increase the cost of the intoxicating liquor to any person, firm,	33655
or corporation purchasing and importing it into this state for	33656
that use;	33657

~~(K)~~(L) Any resident of this state or any member of the armed	33658
forces of the United States, who has attained the age of	33659
twenty-one years, from bringing into this state, for personal use	33660
and not for resale, not more than one liter of spirituous liquor	33661
in any thirty-day period, and the same is free of any tax consent	33662
fee when the resident or member of the armed forces physically	33663
possesses and accompanies the spirituous liquor on returning from	33664
a foreign country, another state, or an insular possession of the	33665
United States;	33666

~~(L)~~(M) Persons, at least twenty-one years of age, who collect	33667
ceramic commemorative bottles containing spirituous liquor ~~which~~	33668
that have unbroken federal tax stamps on them from selling or	33669
trading the bottles to other collectors. The bottles ~~must~~shall	33670
originally have been purchased at retail from the division,	33671
legally imported under division ~~(K)~~(L) of this section, or legally	33672
imported pursuant to a supplier registration issued by the	33673
division. The sales shall be for the purpose of exchanging a	33674
ceramic commemorative bottle between private collectors and shall	33675
not be for the purpose of selling the spirituous liquor for	33676
personal consumption. The sale or exchange authorized by this	33677
division shall not occur on the premises of any permit holder,	33678
shall not be made in connection with the business of any permit	33679
holder, and shall not be made in connection with any mercantile	33680
business.	33681

Sec. 4301.24. Except as provided in section 4301.242 of the	33682
Revised Code, no manufacturer shall aid or assist the holder of	33683
any permit for sale at wholesale, and no manufacturer or wholesale	33684
distributor shall aid or assist the holder of any permit for sale	33685
at retail, by gift or loan of any money or property of any	33686
description or other valuable thing, or by giving premiums or	33687
rebates. Except as provided in section 4301.242 of the Revised	33688
Code, no holder of any such permit shall accept the same, provided	33689
that the manufacturer or wholesale distributor may furnish to a	33690
retail permittee the inside signs or advertising and the tap signs	33691
or devices authorized by divisions (E) and (F) of section 4301.22	33692
of the Revised Code.	33693

No manufacturer shall have any financial interest, directly	33694
or indirectly, by stock ownership, or through interlocking	33695
directors in a corporation, or otherwise, in the establishment,	33696
maintenance, or promotion in the business of any wholesale	33697
distributor. No retail permit holder shall have any interest,	33698
directly or indirectly, in the operation of, or any ownership in,	33699
the business of any wholesale distributor or manufacturer.	33700

No manufacturer shall, except as authorized by section	33701
4303.021 of the Revised Code, have any financial interest,	33702
directly or indirectly, by stock ownership, or through	33703
interlocking directors in a corporation, or otherwise, in the	33704
establishment, maintenance, or promotion of the business of any	33705
retail dealer. No wholesale distributor or employee of a wholesale	33706
distributor shall have any financial interest, directly or	33707
indirectly, by stock ownership, interlocking directors in a	33708
corporation, or otherwise, in the establishment, maintenance, or	33709
promotion of the business of any retail dealer. No manufacturer or	33710
wholesale distributor or any stockholder of a manufacturer or	33711
wholesale distributor shall acquire, by ownership in fee,	33712
leasehold, mortgage, or otherwise, directly or indirectly, any	33713
interest in the premises on which the business of any other person	33714
engaged in the business of trafficking in beer or intoxicating	33715
liquor is conducted. All contracts, covenants, conditions, and	33716
limitations whereby any person engaged or proposing to engage in	33717
the sale of beer or intoxicating liquors promises to confine the	33718
person's sales of a particular kind or quality of beer or	33719
intoxicating liquor to one or more products, or the products of a	33720
specified manufacturer or wholesale distributor, or to give	33721
preference to those products, shall to the extent of that promise	33722
be void. The making of a promise in any such form shall be cause	33723
for the revocation or suspension of any permit issued to any	33724
party. This section does not prevent the holder of an A permit	33725
from securing and holding a wholesale distributor's permit or	33726
permits and operating as a wholesale distributor.	33727

No manufacturer shall sell or offer to sell to any wholesale	33728
distributor or retail permit holder, no wholesale distributor	33729
shall sell or offer to sell to any retail permit holder, and no	33730
wholesale distributor or retail permit holder shall purchase or	33731
receive from any manufacturer or wholesale distributor, any beer,	33732
brewed beverages, or wine manufactured in the United States except	33733
for cash. No right of action shall exist to collect any claims for	33734
credit extended contrary to this section. This section does not	33735
prohibit a licensee from crediting to a purchaser the actual	33736
prices charged for packages or containers returned by the original	33737
purchaser as a credit on any sale or from refunding to any	33738
purchaser the amount paid by that purchaser for containers or as a	33739
deposit on containers when title is retained by the vendor, if	33740
those containers or packages have been returned to the	33741
manufacturer or distributor. This section does not prohibit a	33742
manufacturer from extending usual and customary credit for beer,	33743
brewed beverages, or wine manufactured in the United States and	33744
sold to customers who live or maintain places of business outside	33745
this state when the beverages so sold are actually transported and	33746
delivered to points outside this state. No wholesale or retail	33747
permit shall be issued to an applicant unless the applicant has	33748
paid in full all accounts for beer or wine, manufactured in the	33749
United States, outstanding as of September 6, 1939. No beer or	33750
wine manufactured in the United States shall be imported into the	33751
state unless the beer or wine has been paid for in cash, and no	33752
supplier registration for any such beer or wine manufactured in	33753
the United States shall be issued by the division of liquor	33754
control until the A-2, B-1, or B-5 permit holder establishes to	33755
the satisfaction of the division that the beer or wine has been	33756
paid for in cash.	33757

This section does not prevent a manufacturer from securing	33758
and holding any financial interest, directly or indirectly, by	33759
stock ownership or through interlocking directors in a	33760
corporation, or otherwise, in the establishment, maintenance, or	33761
promotion of the business or premises of any C or D permit holder,	33762
provided that the following conditions are met:	33763

(A) Either the manufacturer or one of its parent companies is	33764
listed on a national securities exchange.	33765

(B) All purchases of alcoholic beverages by the C or D permit	33766
holder are made from wholesale distributors in this state or	33767
agency stores licensed by the division of liquor control.	33768

(C) If the C or D permit holder sells brands of alcoholic	33769
beverages that are produced or distributed by the manufacturer	33770
that holds the financial interest, the C or D permit holder also	33771
sells other competing brands of alcoholic beverages produced by	33772
other manufacturers, no preference is given to the products of the	33773
manufacturer, and there is no exclusion, in whole or in part, of	33774
products sold or offered for sale by other manufacturers,	33775
suppliers, or importers of alcoholic beverages that constitutes a	33776
substantial impairment of commerce.	33777

(D) The primary purpose of the C or D permit premises is a	33778
purpose other than to sell alcoholic beverages, and the sale of	33779
other goods and services exceeds fifty per cent of the total gross	33780
receipts of the C or D permit holder at its premises.	33781

This section does not prevent a manufacturer from giving	33782
financial assistance to the holder of a B permit for the purpose	33783
of the holder purchasing an ownership interest in the business,	33784
existing inventory and equipment, or property of another B permit	33785
holder, including, but not limited to, participation in a limited	33786
liability partnership, limited liability company, or any other	33787
legal entity authorized to do business in this state. This section	33788
does not permit a manufacturer to give financial assistance to the	33789
holder of a B permit to purchase inventory or equipment used in	33790
the daily operation of a B permit holder.	33791

This section does not prevent a manufacturer from securing	33792
and holding a B-2a permit or permits and operating as a wholesale	33793
distributor.	33794

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	33795
the Revised Code:	33796

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	33797
fluid ounces.	33798

(2) "Sale" or "sell" includes exchange, barter, gift,	33799
distribution, and, except with respect to A-4 permit holders,	33800
offer for sale.	33801

(B) For the purposes of providing revenues for the support of	33802
the state and encouraging the grape industries in the state, a tax	33803
is hereby levied on the sale or distribution of wine in Ohio,	33804
except for known sacramental purposes, at the rate of thirty cents	33805
per wine gallon for wine containing not less than four per cent of	33806
alcohol by volume and not more than fourteen per cent of alcohol	33807
by volume, ninety-eight cents per wine gallon for wine containing	33808
more than fourteen per cent but not more than twenty-one per cent	33809
of alcohol by volume, one dollar and eight cents per wine gallon	33810
for vermouth, and one dollar and forty-eight cents per wine gallon	33811
for sparkling and carbonated wine and champagne, the tax to be	33812
paid by the holders of A-2 and B-5 permits or by any other person	33813
selling or distributing wine upon which no tax has been paid. From	33814
the tax paid under this section on wine, vermouth, and sparkling	33815
and carbonated wine and champagne, the treasurer of state shall	33816
credit to the Ohio grape industries fund created under section	33817
924.54 of the Revised Code a sum equal to one cent per gallon for	33818
each gallon upon which the tax is paid.	33819

(C) For the purpose of providing revenues for the support of	33820
the state, there is hereby levied a tax on prepared and bottled	33821
highballs, cocktails, cordials, and other mixed beverages at the	33822
rate of one dollar and twenty cents per wine gallon to be paid by	33823
holders of A-4 permits or by any other person selling or	33824
distributing those products upon which no tax has been paid. Only	33825
one sale of the same article shall be used in computing the amount	33826
of tax due. The tax on mixed beverages to be paid by holders of	33827
A-4 permits under this section shall not attach until the	33828
ownership of the mixed beverage is transferred for valuable	33829
consideration to a wholesaler or retailer, and no payment of the	33830
tax shall be required prior to that time.	33831

(D) During the period of July 1, ~~2005~~2007, through June 30,	33832
~~2007~~2009, from the tax paid under this section on wine, vermouth,	33833
and sparkling and carbonated wine and champagne, the treasurer of	33834
state shall credit to the Ohio grape industries fund created under	33835
section 924.54 of the Revised Code a sum equal to two cents per	33836
gallon upon which the tax is paid. The amount credited under this	33837
division is in addition to the amount credited to the Ohio grape	33838
industries fund under division (B) of this section.	33839

(E) For the purpose of providing revenues for the support of	33840
the state, there is hereby levied a tax on cider at the rate of	33841
twenty-four cents per wine gallon to be paid by the holders of A-2	33842
and B-5 permits or by any other person selling or distributing	33843
cider upon which no tax has been paid. Only one sale of the same	33844
article shall be used in computing the amount of the tax due.	33845

Sec. 4303.03. Permit A-2 may be issued to a manufacturer to	33846
manufacture wine from grapes or other fruits; to import and	33847
purchase wine in bond for blending purposes, the total amount of	33848
wine so imported during the year covered by the permit not to	33849
exceed forty per cent of all the wine manufactured and imported;	33850
to manufacture, purchase, and import brandy for fortifying	33851
purposes; and to sell those products either in glass or container	33852
for consumption on the premises where manufactured~~, for home use~~,	33853
in sealed containers for consumption off the premises where	33854
manufactured, and to ~~retail and~~ wholesale permit holders under the	33855
rules adopted by the division of liquor control.	33856

The fee for this permit is ~~one hundred twenty-six~~seventy-six	33857
dollars for each plant to which this permit is issued.	33858

Sec. 4303.071. (A)(1) Except as otherwise provided in	33859
division (A)(2) of this section, permit B-2a may be issued to a	33860
person that manufactures wine, is the brand owner or United States	33861
importer of wine, or is the designated agent of a brand owner or	33862
importer for all wine sold in this state for that owner or	33863
importer. If the person resides outside this state, the person	33864
shall comply with the requirements governing the issuance of	33865
licenses or permits that authorize the sale of intoxicating liquor	33866
by the appropriate authority of the state in which the person	33867
resides or by the tax and trade bureau in the United States	33868
department of the treasury.	33869

(2) A B-2a permit shall not be issued to a manufacturer of	33870
wine that is not entitled to a tax credit under 27 C.F.R. 24.278	33871
and that produces one hundred fifty thousand gallons or more of	33872
wine per year.	33873

(3) The fee for the B-2a permit is twenty-five dollars.

33874

(4) The holder of a B-2a permit may sell wine to a retail	33875
permit holder, but a B-2a permit holder who is a wine manufacturer	33876
may sell to a retail permit holder only wine that the B-2a permit	33877
holder has manufactured.	33878

(5) The holder of a B-2a permit shall renew the permit in	33879
accordance with section 4303.271 of the Revised Code, except that	33880
renewal shall not be subject to the notice and hearing	33881
requirements established in division (B) of that section.	33882

(B) The holder of a B-2a permit shall collect and pay all	33883
applicable taxes relating to the delivery of a wine to a retailer	33884
including, but not limited to, taxes levied under section 4301.43	33885
and Chapters 5739. and 5741. of the Revised Code.	33886

(C) The holder of a B-2a permit shall comply with this	33887
chapter, Chapter 4301. of the Revised Code, and any rules adopted	33888
by the liquor control commission under section 4301.03 of the	33889
Revised Code.	33890

Sec. 4303.232. (A)(1) Except as provided in division (A)(2)	33891
of this section, permit S may be issued to a person that	33892
manufactures wine, is the brand owner or United States importer of	33893
wine, or is the designated agent of a brand owner or importer for	33894
all wine sold in this state for that owner or importer. If the	33895
person resides outside this state, the person shall comply with	33896
the requirements governing the issuance of licenses or permits	33897
that authorize the sale of intoxicating liquor by the appropriate	33898
authority of the state in which the person resides or by the tax	33899
and trade bureau of the United States department of the treasury.	33900

(2) An S permit shall not be issued to a manufacturer of wine	33901
that is not entitled to a tax credit under 27 C.F.R. 24.278 and	33902
that produces one hundred fifty thousand gallons or more of wine	33903
per year.	33904

(3) The fee for the S permit is twenty-five dollars.

33905

(4) The holder of an S permit may sell wine to a personal	33906
consumer by receiving and filling orders that the personal	33907
consumer submits to the permit holder. The permit holder shall	33908
sell only wine that the permit holder has manufactured to a	33909
personal consumer.	33910

(5) The holder of an S permit shall renew the permit in	33911
accordance with section 4303.271 of the Revised Code, except that	33912
the renewal shall not be subject to the notice and hearing	33913
requirements established in division (B) of that section.	33914

(6) The division of liquor control may refuse to renew an S	33915
permit for any of the reasons specified in section 4303.292 of the	33916
Revised Code or if the holder of the permit fails to do any of the	33917
following:	33918

(a) Collect and pay all applicable taxes specified in	33919
division (B) of this section;	33920

(b) Pay the permit fee;

33921

(c) Comply with this section or any rules adopted by the	33922
liquor control commission under section 4301.03 of the Revised	33923
Code.	33924

(B) The holder of an S permit shall collect and pay all	33925
applicable taxes relating to the delivery of wine to a personal	33926
consumer, including, but not limited to, taxes levied under	33927
section 4301.43 and Chapters 5739. and 5741. of the Revised Code.	33928

(C)(1) The holder of an S permit shall send a shipment of	33929
wine that has been paid for by a personal consumer to that	33930
personal consumer via the holder of an H permit. Prior to sending	33931
a shipment of wine to a personal consumer, the holder of an S	33932
permit, or an employee of the permit holder, shall make a bona	33933
fide effort to ensure that the personal consumer is at least	33934
twenty-one years of age. The shipment of wine shall be shipped in	33935
a package that clearly has written on it in bold print the words	33936
"alcohol enclosed." No person shall fail to comply with division	33937
(C)(1) of this section.	33938

(2) Upon delivering a shipment of wine to a personal	33939
consumer, the holder of the H permit, or an employee of the permit	33940
holder, shall verify that the personal consumer is at least	33941
twenty-one years of age by checking the personal consumer's	33942
driver's or commercial driver's license or identification card	33943
issued under sections 4507.50 to 4507.52 of the Revised Code.	33944

(3) The holder of an S permit shall keep a record of each	33945
shipment of wine that the permit holder sends to a personal	33946
consumer. The records shall be used for all of the following:	33947

(a) To provide a copy of each wine shipment invoice to the	33948
tax commissioner in a manner prescribed by the commissioner. The	33949
invoice shall include the name of each personal consumer that	33950
purchased wine from the S permit holder in accordance with this	33951
section and any other information required by the tax	33952
commissioner.	33953

(b) To provide annually in electronic format by electronic	33954
means a report to the division. The report shall include the name	33955
and address of each personal consumer that purchased wine from the	33956
S permit holder in accordance with this section, the quantity of	33957
wine purchased by each personal consumer, and any other	33958
information requested by the division. The division shall	33959
prescribe and provide an electronic form for the report and shall	33960
determine the specific electronic means that the S permit holder	33961
must use to submit the report.	33962

(c) To notify a personal consumer of any health or welfare	33963
recalls of the wine that has been purchased by the personal	33964
consumer.	33965

(D) As used in this section, "personal consumer" means an	33966
individual who is at least twenty-one years of age, is a resident	33967
of this state, does not hold a permit issued under this chapter,	33968
and intends to use wine purchased in accordance with this section	33969
for personal consumption only and not for resale or other	33970
commercial purposes.	33971

Sec. 4303.233. No family household shall purchase more than	33972
twenty-four cases of nine-liter bottles of wine in one year.	33973

Sec. 4503.06. (A) The owner of each manufactured or mobile	33974
home that has acquired situs in this state shall pay either a real	33975
property tax pursuant to Title LVII of the Revised Code or a	33976
manufactured home tax pursuant to division (C) of this section.	33977

(B) The owner of a manufactured or mobile home shall pay real	33978
property taxes if either of the following applies:	33979

(1) The manufactured or mobile home acquired situs in the	33980
state or ownership in the home was transferred on or after January	33981
1, 2000, and all of the following apply:	33982

(a) The home is affixed to a permanent foundation as defined	33983
in division (C)(5) of section 3781.06 of the Revised Code.	33984

(b) The home is located on land that is owned by the owner of	33985
the home.	33986

(c) The certificate of title has been inactivated by the	33987
clerk of the court of common pleas that issued it, pursuant to	33988
division (H) of section 4505.11 of the Revised Code.	33989

(2) The manufactured or mobile home acquired situs in the	33990
state or ownership in the home was transferred before January 1,	33991
2000, and all of the following apply:	33992

(a) The home is affixed to a permanent foundation as defined	33993
in division (C)(5) of section 3781.06 of the Revised Code.	33994

(b) The home is located on land that is owned by the owner of	33995
the home.	33996

(c) The owner of the home has elected to have the home taxed	33997
as real property and, pursuant to section 4505.11 of the Revised	33998
Code, has surrendered the certificate of title to the auditor of	33999
the county containing the taxing district in which the home has	34000
its situs, together with proof that all taxes have been paid.	34001

(d) The county auditor has placed the home on the real	34002
property tax list and delivered the certificate of title to the	34003
clerk of the court of common pleas that issued it and the clerk	34004
has inactivated the certificate.	34005

(C)(1) Any mobile or manufactured home that is not taxed as	34006
real property as provided in division (B) of this section is	34007
subject to an annual manufactured home tax, payable by the owner,	34008
for locating the home in this state. The tax as levied in this	34009
section is for the purpose of supplementing the general revenue	34010
funds of the local subdivisions in which the home has its situs	34011
pursuant to this section.	34012

(2) The year for which the manufactured home tax is levied	34013
commences on the first day of January and ends on the following	34014
thirty-first day of December. The state shall have the first lien	34015
on any manufactured or mobile home on the list for the amount of	34016
taxes, penalties, and interest charged against the owner of the	34017
home under this section. The lien of the state for the tax for a	34018
year shall attach on the first day of January to a home that has	34019
acquired situs on that date. The lien for a home that has not	34020
acquired situs on the first day of January, but that acquires	34021
situs during the year, shall attach on the next first day of	34022
January. The lien shall continue until the tax, including any	34023
penalty or interest, is paid.	34024

(3)(a) The situs of a manufactured or mobile home located in	34025
this state on the first day of January is the local taxing	34026
district in which the home is located on that date.	34027

(b) The situs of a manufactured or mobile home not located in	34028
this state on the first day of January, but located in this state	34029
subsequent to that date, is the local taxing district in which the	34030
home is located thirty days after it is acquired or first enters	34031
this state.	34032

(4) The tax is collected by and paid to the county treasurer	34033
of the county containing the taxing district in which the home has	34034
its situs.	34035

(D) The manufactured home tax shall be computed and assessed	34036
by the county auditor of the county containing the taxing district	34037
in which the home has its situs as follows:	34038

(1) On a home that acquired situs in this state prior to	34039
January 1, 2000:	34040

(a) By multiplying the assessable value of the home by the	34041
tax rate of the taxing district in which the home has its situs,	34042
and deducting from the product thus obtained any reduction	34043
authorized under section 4503.065 of the Revised Code. The tax	34044
levied under this formula shall not be less than thirty-six	34045
dollars, unless the home qualifies for a reduction in assessable	34046
value under section 4503.065 of the Revised Code, in which case	34047
there shall be no minimum tax and the tax shall be the amount	34048
calculated under this division.	34049

(b) The assessable value of the home shall be forty per cent	34050
of the amount arrived at by the following computation:	34051

(i) If the cost to the owner, or market value at time of	34052
purchase, whichever is greater, of the home includes the	34053
furnishings and equipment, such cost or market value shall be	34054
multiplied according to the following schedule:	34055

For the first calendar year			34056
in which the			34057
home is owned by the			34058
current owner	x	80%	34059
2nd calendar year	x	75%	34060
3rd "	x	70%	34061
4th "	x	65%	34062
5th "	x	60%	34063
6th "	x	55%	34064
7th "	x	50%	34065
8th "	x	45%	34066
9th "	x	40%	34067
10th and each year thereafter	x	35%	34068

The first calendar year means any period between the first	34069
day of January and the thirty-first day of December of the first	34070
year.	34071

(ii) If the cost to the owner, or market value at the time of	34072
purchase, whichever is greater, of the home does not include the	34073
furnishings and equipment, such cost or market value shall be	34074
multiplied according to the following schedule:	34075

For the first calendar year			34076
in which the			34077
home is owned by the			34078
current owner	x	95%	34079
2nd calendar year	x	90%	34080
3rd "	x	85%	34081
4th "	x	80%	34082
5th "	x	75%	34083
6th "	x	70%	34084
7th "	x	65%	34085
8th "	x	60%	34086
9th "	x	55%	34087
10th and each year thereafter	x	50%	34088

The first calendar year means any period between the first	34089
day of January and the thirty-first day of December of the first	34090
year.	34091

(2) On a home in which ownership was transferred or that	34092
first acquired situs in this state on or after January 1, 2000:	34093

(a) By multiplying the assessable value of the home by the	34094
effective tax rate, as defined in section 323.08 of the Revised	34095
Code, for residential real property of the taxing district in	34096
which the home has its situs, and deducting from the product thus	34097
obtained the reductions required or authorized under section	34098
319.302, division (B) of section 323.152, or section 4503.065 of	34099
the Revised Code.	34100

(b) The assessable value of the home shall be thirty-five per	34101
cent of its true value as determined under division (L) of this	34102
section.	34103

(3) On or before the fifteenth day of January each year, the	34104
county auditor shall record the assessable value and the amount of	34105
tax on the manufactured or mobile home on the tax list and deliver	34106
a duplicate of the list to the county treasurer. In the case of an	34107
emergency as defined in section 323.17 of the Revised Code, the	34108
tax commissioner, by journal entry, may extend the times for	34109
delivery of the duplicate for an additional fifteen days upon	34110
receiving a written application from the county auditor regarding	34111
an extension for the delivery of the duplicate, or from the county	34112
treasurer regarding an extension of the time for the billing and	34113
collection of taxes. The application shall contain a statement	34114
describing the emergency that will cause the unavoidable delay and	34115
must be received by the tax commissioner on or before the last day	34116
of the month preceding the day delivery of the duplicate is	34117
otherwise required. When an extension is granted for delivery of	34118
the duplicate, the time period for payment of taxes shall be	34119
extended for a like period of time. When a delay in the closing of	34120
a tax collection period becomes unavoidable, the tax commissioner,	34121
upon application by the county auditor and county treasurer, may	34122
order the time for payment of taxes to be extended if the tax	34123
commissioner determines that penalties have accrued or would	34124
otherwise accrue for reasons beyond the control of the taxpayers	34125
of the county. The order shall prescribe the final extended date	34126
for payment of taxes for that collection period.	34127

(4) After January 1, 1999, the owner of a manufactured or	34128
mobile home taxed pursuant to division (D)(1) of this section may	34129
elect to have the home taxed pursuant to division (D)(2) of this	34130
section by filing a written request with the county auditor of the	34131
taxing district in which the home is located on or before the	34132
first day of December of any year. Upon the filing of the request,	34133
the county auditor shall determine whether all taxes levied under	34134
division (D)(1) of this section have been paid, and if those taxes	34135
have been paid, the county auditor shall tax the manufactured or	34136
mobile home pursuant to division (D)(2) of this section commencing	34137
in the next tax year.	34138

(5) A manufactured or mobile home that acquired situs in this	34139
state prior to January 1, 2000, shall be taxed pursuant to	34140
division (D)(2) of this section if no manufactured home tax had	34141
been paid for the home and the home was not exempted from taxation	34142
pursuant to division (E) of this section for the year for which	34143
the taxes were not paid.	34144

(6)(a) Immediately upon receipt of any manufactured home tax	34145
duplicate from the county auditor, but not less than twenty days	34146
prior to the last date on which the first one-half taxes may be	34147
paid without penalty as prescribed in division (F) of this	34148
section, the county treasurer shall cause to be prepared and	34149
mailed or delivered to each person charged on that duplicate with	34150
taxes, or to an agent designated by such person, the tax bill	34151
prescribed by the tax commissioner under division (D)(7) of this	34152
section. When taxes are paid by installments, the county	34153
treasurer shall mail or deliver to each person charged on such	34154
duplicate or the agent designated by that person a second tax bill	34155
showing the amount due at the time of the second tax collection.	34156
The second half tax bill shall be mailed or delivered at least	34157
twenty days prior to the close of the second half tax collection	34158
period. A change in the mailing address of any tax bill shall be	34159
made in writing to the county treasurer. Failure to receive a bill	34160
required by this section does not excuse failure or delay to pay	34161
any taxes shown on the bill or, except as provided in division	34162
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	34163
interest, or charge for such delay.	34164

(b) After delivery of the copy of the delinquent manufactured	34165
home tax list under division (H) of this section, the county	34166
treasurer may prepare and mail to each person in whose name a home	34167
is listed an additional tax bill showing the total amount of	34168
delinquent taxes charged against the home as shown on the list.	34169
The tax bill shall include a notice that the interest charge	34170
prescribed by division (G) of this section has begun to accrue.	34171

(7) Each tax bill prepared and mailed or delivered under	34172
division (D)(6) of this section shall be in the form and contain	34173
the information required by the tax commissioner. The commissioner	34174
may prescribe different forms for each county and may authorize	34175
the county auditor to make up tax bills and tax receipts to be	34176
used by the county treasurer. The tax bill shall not contain or	34177
be mailed or delivered with any information or material that is	34178
not required by this section or that is not authorized by section	34179
321.45 of the Revised Code or by the tax commissioner. In addition	34180
to the information required by the commissioner, each tax bill	34181
shall contain the following information:	34182

(a) The taxes levied and the taxes charged and payable	34183
against the manufactured or mobile home;	34184

(b) The following notice: "Notice: If the taxes are not paid	34185
within sixty days after the county auditor delivers the delinquent	34186
manufactured home tax list to the county treasurer, you and your	34187
home may be subject to collection proceedings for tax	34188
delinquency." Failure to provide such notice has no effect upon	34189
the validity of any tax judgment to which a home may be subjected.	34190

(c) In the case of manufactured or mobile homes taxed under	34191
division (D)(2) of this section, the following additional	34192
information:	34193

(i) The effective tax rate. The words "effective tax rate"	34194
shall appear in boldface type.	34195

(ii) The following notice: "Notice: If the taxes charged	34196
against this home have been reduced by the 2-1/2 per cent tax	34197
reduction for residences occupied by the owner but the home is not	34198
a residence occupied by the owner, the owner must notify the	34199
county auditor's office not later than March 31 of the year for	34200
which the taxes are due. Failure to do so may result in the owner	34201
being convicted of a fourth degree misdemeanor, which is	34202
punishable by imprisonment up to 30 days, a fine up to $250, or	34203
both, and in the owner having to repay the amount by which the	34204
taxes were erroneously or illegally reduced, plus any interest	34205
that may apply.	34206

If the taxes charged against this home have not been reduced	34207
by the 2-1/2 per cent tax reduction and the home is a residence	34208
occupied by the owner, the home may qualify for the tax reduction.	34209
To obtain an application for the tax reduction or further	34210
information, the owner may contact the county auditor's office at	34211
.......... (insert the address and telephone number of the county	34212
auditor's office)."	34213

(E)(1) A manufactured or mobile home is not subject to this	34214
section when any of the following applies:	34215

(a) It is taxable as personal property pursuant to section	34216
5709.01 of the Revised Code. Any manufactured or mobile home that	34217
is used as a residence shall be subject to this section and shall	34218
not be taxable as personal property pursuant to section 5709.01 of	34219
the Revised Code.	34220

(b) It bears a license plate issued by any state other than	34221
this state unless the home is in this state in excess of an	34222
accumulative period of thirty days in any calendar year.	34223

(c) The annual tax has been paid on the home in this state	34224
for the current year.	34225

(d) The tax commissioner has determined, pursuant to section	34226
5715.27 of the Revised Code, that the property is exempt from	34227
taxation, or would be exempt from taxation under Chapter 5709. of	34228
the Revised Code if it were classified as real property.	34229

(2) A travel trailer or park trailer, as these terms are	34230
defined in section 4501.01 of the Revised Code, is not subject to	34231
this section if it is unused or unoccupied and stored at the	34232
owner's normal place of residence or at a recognized storage	34233
facility.	34234

(3) A travel trailer or park trailer, as these terms are	34235
defined in section 4501.01 of the Revised Code, is subject to this	34236
section and shall be taxed as a manufactured or mobile home if it	34237
has a situs longer than thirty days in one location and is	34238
connected to existing utilities, unless either of the following	34239
applies:	34240

(a) The situs is in a state facility or a camping or park	34241
area as defined in division (C), (Q), (S), or (V) of section	34242
3729.01 of the Revised Code.	34243

(b) The situs is in a camping or park area that is a tract of	34244
land that has been limited to recreational use by deed or zoning	34245
restrictions and subdivided for sale of five or more individual	34246
lots for the express or implied purpose of occupancy by either	34247
self-contained recreational vehicles as defined in division (T) of	34248
section 3729.01 of the Revised Code or by dependent recreational	34249
vehicles as defined in division (D) of section 3729.01 of the	34250
Revised Code.	34251

(F) Except as provided in division (D)(3) of this section,	34252
the manufactured home tax is due and payable as follows:	34253

(1) When a manufactured or mobile home has a situs in this	34254
state, as provided in this section, on the first day of January,	34255
one-half of the amount of the tax is due and payable on or before	34256
the first day of March and the balance is due and payable on or	34257
before the thirty-first day of July. At the option of the owner of	34258
the home, the tax for the entire year may be paid in full on the	34259
first day of March.	34260

(2) When a manufactured or mobile home first acquires a situs	34261
in this state after the first day of January, no tax is due and	34262
payable for that year.	34263

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	34264
of this section, if one-half of the current taxes charged under	34265
this section against a manufactured or mobile home, together with	34266
the full amount of any delinquent taxes, are not paid on or before	34267
the first day of March in that year, or on or before the last day	34268
for such payment as extended pursuant to section 4503.063 of the	34269
Revised Code, a penalty of ten per cent shall be charged against	34270
the unpaid balance of such half of the current taxes. If the total	34271
amount of all such taxes is not paid on or before the thirty-first	34272
day of July, next thereafter, or on or before the last day for	34273
payment as extended pursuant to section 4503.063 of the Revised	34274
Code, a like penalty shall be charged on the balance of the total	34275
amount of the unpaid current taxes.	34276

(b) After a valid delinquent tax contract that includes	34277
unpaid current taxes from a first-half collection period described	34278
in division (F) of this section has been entered into under	34279
section 323.31 of the Revised Code, no ten per cent penalty shall	34280
be charged against such taxes after the second-half collection	34281
period while the delinquent tax contract remains in effect. On the	34282
day a delinquent tax contract becomes void, the ten per cent	34283
penalty shall be charged against such taxes and shall equal the	34284
amount of penalty that would have been charged against unpaid	34285
current taxes outstanding on the date on which the second-half	34286
penalty would have been charged thereon under division (G)(1)(a)	34287
of this section if the contract had not been in effect.	34288

(2)(a) On the first day of the month following the last day	34289
the second installment of taxes may be paid without penalty	34290
beginning in 2000, interest shall be charged against and computed	34291
on all delinquent taxes other than the current taxes that became	34292
delinquent taxes at the close of the last day such second	34293
installment could be paid without penalty. The charge shall be for	34294
interest that accrued during the period that began on the	34295
preceding first day of December and ended on the last day of the	34296
month that included the last date such second installment could be	34297
paid without penalty. The interest shall be computed at the rate	34298
per annum prescribed by section 5703.47 of the Revised Code and	34299
shall be entered as a separate item on the delinquent manufactured	34300
home tax list compiled under division (H) of this section.	34301

(b) On the first day of December beginning in 2000, the	34302
interest shall be charged against and computed on all delinquent	34303
taxes. The charge shall be for interest that accrued during the	34304
period that began on the first day of the month following the last	34305
date prescribed for the payment of the second installment of taxes	34306
in the current year and ended on the immediately preceding last	34307
day of November. The interest shall be computed at the rate per	34308
annum prescribed by section 5703.47 of the Revised Code and shall	34309
be entered as a separate item on the delinquent manufactured home	34310
tax list.	34311

(c) After a valid undertaking has been entered into for the	34312
payment of any delinquent taxes, no interest shall be charged	34313
against such delinquent taxes while the undertaking remains in	34314
effect in compliance with section 323.31 of the Revised Code. If a	34315
valid undertaking becomes void, interest shall be charged against	34316
the delinquent taxes for the periods that interest was not	34317
permitted to be charged while the undertaking was in effect. The	34318
interest shall be charged on the day the undertaking becomes void	34319
and shall equal the amount of interest that would have been	34320
charged against the unpaid delinquent taxes outstanding on the	34321
dates on which interest would have been charged thereon under	34322
divisions (G)(1) and (2) of this section had the undertaking not	34323
been in effect.	34324

(3) If the full amount of the taxes due at either of the	34325
times prescribed by division (F) of this section is paid within	34326
ten days after such time, the county treasurer shall waive the	34327
collection of and the county auditor shall remit one-half of the	34328
penalty provided for in this division for failure to make that	34329
payment by the prescribed time.	34330

(4) The treasurer shall compile and deliver to the county	34331
auditor a list of all tax payments the treasurer has received as	34332
provided in division (G)(3) of this section. The list shall	34333
include any information required by the auditor for the remission	34334
of the penalties waived by the treasurer. The taxes so collected	34335
shall be included in the settlement next succeeding the settlement	34336
then in process.	34337

(H)(1) Beginning in 2000, the county auditor shall compile	34338
annually a "delinquent manufactured home tax list" consisting of	34339
homes the county treasurer's records indicate have taxes that were	34340
not paid within the time prescribed by divisions (D)(3) and (F) of	34341
this section, have taxes that remain unpaid from prior years, or	34342
have unpaid tax penalties or interest that have been assessed.	34343

(2) Within thirty days after the settlement under division	34344
(H)(2) of section 321.24 of the Revised Code beginning in 2000,	34345
the county auditor shall deliver a copy of the delinquent	34346
manufactured home tax list to the county treasurer. The auditor	34347
shall update and publish the delinquent manufactured home tax list	34348
annually in the same manner as delinquent real property tax lists	34349
are published. The county auditor shall apportion the cost of	34350
publishing the list among taxing districts in proportion to the	34351
amount of delinquent manufactured home taxes so published that	34352
each taxing district is entitled to receive upon collection of	34353
those taxes.	34354

(3) When taxes, penalties, or interest are charged against a	34355
person on the delinquent manufactured home tax list and are not	34356
paid within sixty days after the list is delivered to the county	34357
treasurer, the county treasurer shall, in addition to any other	34358
remedy provided by law for the collection of taxes, penalties, and	34359
interest, enforce collection of such taxes, penalties, and	34360
interest by civil action in the name of the treasurer against the	34361
owner for the recovery of the unpaid taxes following the	34362
procedures for the recovery of delinquent real property taxes in	34363
sections 323.25 to 323.28 of the Revised Code. The action may be	34364
brought in municipal or county court, provided the amount charged	34365
does not exceed the monetary limitations for original jurisdiction	34366
for civil actions in those courts.	34367

It is sufficient, having made proper parties to the suit, for	34368
the county treasurer to allege in the treasurer's bill of	34369
particulars or petition that the taxes stand chargeable on the	34370
books of the county treasurer against such person, that they are	34371
due and unpaid, and that such person is indebted in the amount of	34372
taxes appearing to be due the county. The treasurer need not set	34373
forth any other matter relating thereto. If it is found on the	34374
trial of the action that the person is indebted to the state,	34375
judgment shall be rendered in favor of the county treasurer	34376
prosecuting the action. The judgment debtor is not entitled to the	34377
benefit of any law for stay of execution or exemption of property	34378
from levy or sale on execution in the enforcement of the judgment.	34379

Upon the filing of an entry of confirmation of sale or an	34380
order of forfeiture in a proceeding brought under this division,	34381
title to the manufactured or mobile home shall be in the	34382
purchaser. The clerk of courts shall issue a certificate of title	34383
to the purchaser upon presentation of proof of filing of the entry	34384
of confirmation or order and, in the case of a forfeiture,	34385
presentation of the county auditor's certificate of sale.	34386

(I) The total amount of taxes collected shall be distributed	34387
in the following manner: four per cent shall be allowed as	34388
compensation to the county auditor for the county auditor's	34389
service in assessing the taxes; two per cent shall be allowed as	34390
compensation to the county treasurer for the services the county	34391
treasurer renders as a result of the tax levied by this section.	34392
Such amounts shall be paid into the county treasury, to the credit	34393
of the county general revenue fund, on the warrant of the county	34394
auditor. Fees to be paid to the credit of the real estate	34395
assessment fund shall be collected pursuant to division ~~(B)~~(C) of	34396
section 319.54 of the Revised Code and paid into the county	34397
treasury, on the warrant of the county auditor. The balance of the	34398
taxes collected shall be distributed among the taxing subdivisions	34399
of the county in which the taxes are collected and paid in the	34400
same ratio as those taxes were collected for the benefit of the	34401
taxing subdivision. The taxes levied and revenues collected under	34402
this section shall be in lieu of any general property tax and any	34403
tax levied with respect to the privilege of using or occupying a	34404
manufactured or mobile home in this state except as provided in	34405
sections 4503.04 and 5741.02 of the Revised Code.	34406

(J) An agreement to purchase or a bill of sale for a	34407
manufactured home shall show whether or not the furnishings and	34408
equipment are included in the purchase price.	34409

(K) If the county treasurer and the county prosecuting	34410
attorney agree that an item charged on the delinquent manufactured	34411
home tax list is uncollectible, they shall certify that	34412
determination and the reasons to the county board of revision. If	34413
the board determines the amount is uncollectible, it shall certify	34414
its determination to the county auditor, who shall strike the item	34415
from the list.	34416

(L)(1) The county auditor shall appraise at its true value	34417
any manufactured or mobile home in which ownership is transferred	34418
or which first acquires situs in this state on or after January 1,	34419
2000, and any manufactured or mobile home the owner of which has	34420
elected, under division (D)(4) of this section, to have the home	34421
taxed under division (D)(2) of this section. The true value shall	34422
include the value of the home, any additions, and any fixtures,	34423
but not any furnishings in the home. In determining the true value	34424
of a manufactured or mobile home, the auditor shall consider all	34425
facts and circumstances relating to the value of the home,	34426
including its age, its capacity to function as a residence, any	34427
obsolete characteristics, and other factors that may tend to prove	34428
its true value.	34429

(2)(a) If a manufactured or mobile home has been the subject	34430
of an arm's length sale between a willing seller and a willing	34431
buyer within a reasonable length of time prior to the	34432
determination of true value, the county auditor shall consider the	34433
sale price of the home to be the true value for taxation purposes.	34434

(b) The sale price in an arm's length transaction between a	34435
willing seller and a willing buyer shall not be considered the	34436
true value of the home if either of the following occurred after	34437
the sale:	34438

(i) The home has lost value due to a casualty.

34439

(ii) An addition or fixture has been added to the home.

34440

(3) The county auditor shall have each home viewed and	34441
appraised at least once in each six-year period in the same year	34442
in which real property in the county is appraised pursuant to	34443
Chapter 5713. of the Revised Code, and shall update the appraised	34444
values in the third calendar year following the appraisal. The	34445
person viewing or appraising a home may enter the home to	34446
determine by actual view any additions or fixtures that have been	34447
added since the last appraisal. In conducting the appraisals and	34448
establishing the true value, the auditor shall follow the	34449
procedures set forth for appraising real property in sections	34450
5713.01 and 5713.03 of the Revised Code.	34451

(4) The county auditor shall place the true value of each	34452
home on the manufactured home tax list upon completion of an	34453
appraisal.	34454

(5)(a) If the county auditor changes the true value of a	34455
home, the auditor shall notify the owner of the home in writing,	34456
delivered by mail or in person. The notice shall be given at least	34457
thirty days prior to the issuance of any tax bill that reflects	34458
the change. Failure to receive the notice does not invalidate any	34459
proceeding under this section.	34460

(b) Any owner of a home or any other person or party listed	34461
in division (A)(1) of section 5715.19 of the Revised Code may file	34462
a complaint against the true value of the home as appraised under	34463
this section. The complaint shall be filed with the county auditor	34464
on or before the thirty-first day of March of the current tax year	34465
or the date of closing of the collection for the first half of	34466
manufactured home taxes for the current tax year, whichever is	34467
later. The auditor shall present to the county board of revision	34468
all complaints filed with the auditor under this section. The	34469
board shall hear and investigate the complaint and may take action	34470
on it as provided under sections 5715.11 to 5715.19 of the Revised	34471
Code.	34472

(c) If the county board of revision determines, pursuant to a	34473
complaint against the valuation of a manufactured or mobile home	34474
filed under this section, that the amount of taxes, assessments,	34475
or other charges paid was in excess of the amount due based on the	34476
valuation as finally determined, then the overpayment shall be	34477
refunded in the manner prescribed in section 5715.22 of the	34478
Revised Code.	34479

(d) Payment of all or part of a tax under this section for	34480
any year for which a complaint is pending before the county board	34481
of revision does not abate the complaint or in any way affect the	34482
hearing and determination thereof.	34483

(M) If the county auditor determines that any tax or other	34484
charge or any part thereof has been erroneously charged as a	34485
result of a clerical error as defined in section 319.35 of the	34486
Revised Code, the county auditor shall call the attention of the	34487
county board of revision to the erroneous charges. If the board	34488
finds that the taxes or other charges have been erroneously	34489
charged or collected, it shall certify the finding to the auditor.	34490
Upon receipt of the certification, the auditor shall remove the	34491
erroneous charges on the manufactured home tax list or delinquent	34492
manufactured home tax list in the same manner as is prescribed in	34493
section 319.35 of the Revised Code for erroneous charges against	34494
real property, and refund any erroneous charges that have been	34495
collected, with interest, in the same manner as is prescribed in	34496
section 319.36 of the Revised Code for erroneous charges against	34497
real property.	34498

(N) As used in this section and section 4503.061 of the	34499
Revised Code:	34500

(1) "Manufactured home taxes" includes taxes, penalties, and	34501
interest charged under division (C) or (G) of this section and any	34502
penalties charged under division (G) or (H)(5) of section 4503.061	34503
of the Revised Code.	34504

(2) "Current taxes" means all manufactured home taxes charged	34505
against a manufactured or mobile home that have not appeared on	34506
the manufactured home tax list for any prior year. Current taxes	34507
become delinquent taxes if they remain unpaid after the last day	34508
prescribed for payment of the second installment of current taxes	34509
without penalty, whether or not they have been certified	34510
delinquent.	34511

(3) "Delinquent taxes" means:

34512

(a) Any manufactured home taxes that were charged against a	34513
manufactured or mobile home for a prior year, including any	34514
penalties or interest charged for a prior year, and that remain	34515
unpaid;	34516

(b) Any current manufactured home taxes charged against a	34517
manufactured or mobile home that remain unpaid after the last day	34518
prescribed for payment of the second installment of current taxes	34519
without penalty, whether or not they have been certified	34520
delinquent, including any penalties or interest.	34521

Sec. 4503.061. (A) All manufactured and mobile homes shall	34522
be listed on either the real property tax list or the manufactured	34523
home tax list of the county in which the home has situs. Each	34524
owner shall follow the procedures in this section to identify the	34525
home to the county auditor of the county containing the taxing	34526
district in which the home has situs so that the auditor may place	34527
the home on the appropriate tax list.	34528

(B) When a manufactured or mobile home first acquires situs	34529
in this state and is subject to real property taxation pursuant to	34530
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	34531
owner shall present to the auditor of the county containing the	34532
taxing district in which the home has its situs the certificate of	34533
title for the home, together with proof that all taxes due have	34534
been paid and proof that a relocation notice was obtained for the	34535
home if required under this section. Upon receiving the	34536
certificate of title and the required proofs, the auditor shall	34537
place the home on the real property tax list and proceed to treat	34538
the home as other properties on that list. After the auditor has	34539
placed the home on the tax list of real and public utility	34540
property, the auditor shall deliver the certificate of title to	34541
the clerk of the court of common pleas that issued it pursuant to	34542
section 4505.11 of the Revised Code, and the clerk shall	34543
inactivate the certificate of title.	34544

(C)(1) When a manufactured or mobile home subject to a	34545
manufactured home tax is relocated to or first acquires situs in	34546
any county that has adopted a permanent manufactured home	34547
registration system, as provided in division (F) of this section,	34548
the owner, within thirty days after the home is relocated or first	34549
acquires situs under section 4503.06 of the Revised Code, shall	34550
register the home with the county auditor of the county containing	34551
the taxing district in which the home has its situs. For the first	34552
registration in each county of situs, the owner or vendee in	34553
possession shall present to the county auditor an Ohio certificate	34554
of title, certified copy of the certificate of title, or	34555
memorandum certificate of title as such are required by law, and	34556
proof, as required by the county auditor, that the home, if it has	34557
previously been occupied and is being relocated, has been	34558
previously registered, that all taxes due and required to be paid	34559
under division (H)(1) of this section before a relocation notice	34560
may be issued have been paid, and that a relocation notice was	34561
obtained for the home if required by division (H) of this section.	34562
If the owner or vendee does not possess the Ohio certificate of	34563
title, certified copy of the certificate of title, or memorandum	34564
certificate of title at the time the owner or vendee first	34565
registers the home in a county, the county auditor shall register	34566
the home without presentation of the document, but the owner or	34567
vendee shall present the certificate of title, certified copy of	34568
the certificate of title, or memorandum certificate of title to	34569
the county auditor within fourteen days after the owner or vendee	34570
obtains possession of the document.	34571

(2) When a manufactured or mobile home is registered for the	34572
first time in a county and when the total tax due has been paid as	34573
required by division (F) of section 4503.06 of the Revised Code or	34574
divisions (E) and (H) of this section, the county treasurer shall	34575
note by writing or by a stamp on the certificate of title,	34576
certified copy of certificate of title, or memorandum certificate	34577
of title that the home has been registered and that the taxes due,	34578
if any, have been paid for the preceding five years and for the	34579
current year. The treasurer shall then issue a certificate	34580
evidencing registration and a decal to be displayed on the street	34581
side of the home. The certificate is valid in any county in this	34582
state during the year for which it is issued.	34583

(3) For each year thereafter, the county treasurer shall	34584
issue a tax bill stating the amount of tax due under section	34585
4503.06 of the Revised Code, as provided in division (D)(6) of	34586
that section. When the total tax due has been paid as required by	34587
division (F) of that section, the county treasurer shall issue a	34588
certificate evidencing registration that shall be valid in any	34589
county in this state during the year for which the certificate is	34590
issued.	34591

(4) The permanent decal issued under this division is valid	34592
during the period of ownership, except that when a manufactured	34593
home is relocated in another county the owner shall apply for a	34594
new registration as required by this section and section 4503.06	34595
of the Revised Code.	34596

(D)(1) All owners of manufactured or mobile homes subject to	34597
the manufactured home tax being relocated to or having situs in a	34598
county that has not adopted a permanent registration system, as	34599
provided in division (F) of this section, shall register the home	34600
within thirty days after the home is relocated or first acquires	34601
situs under section 4503.06 of the Revised Code and thereafter	34602
shall annually register the home with the county auditor of the	34603
county containing the taxing district in which the home has its	34604
situs.	34605

(2) Upon the annual registration, the county treasurer shall	34606
issue a tax bill stating the amount of annual manufactured home	34607
tax due under section 4503.06 of the Revised Code, as provided in	34608
division (D)(6) of that section. When a manufactured or mobile	34609
home is registered and when the tax for the current one-half year	34610
has been paid as required by division (F) of that section, the	34611
county treasurer shall issue a certificate evidencing registration	34612
and a decal. The certificate and decal are valid in any county in	34613
this state during the year for which they are issued. The decal	34614
shall be displayed on the street side of the home.	34615

(3) For the first annual registration in each county of	34616
situs, the county auditor shall require the owner or vendee to	34617
present an Ohio certificate of title, certified copy of the	34618
certificate of title, or memorandum certificate of title as such	34619
are required by law, and proof, as required by the county auditor,	34620
that the manufactured or mobile home has been previously	34621
registered, if such registration was required, that all taxes due	34622
and required to be paid under division (H)(1) of this section	34623
before a relocation notice may be issued have been paid, and that	34624
a relocation notice was obtained for the home if required by	34625
division (H) of this section. If the owner or vendee does not	34626
possess the Ohio certificate of title, certified copy of the	34627
certificate of title, or memorandum certificate of title at the	34628
time the owner or vendee first registers the home in a county, the	34629
county auditor shall register the home without presentation of the	34630
document, but the owner or vendee shall present the certificate of	34631
title, certified copy of the certificate of title, or memorandum	34632
certificate of title to the county auditor within fourteen days	34633
after the owner or vendee obtains possession of the document. When	34634
the county treasurer receives the tax payment, the county	34635
treasurer shall note by writing or by a stamp on the certificate	34636
of title, certified copy of the certificate of title, or	34637
memorandum certificate of title that the home has been registered	34638
for the current year and that the manufactured home taxes due, if	34639
any, have been paid for the preceding five years and for the	34640
current year.	34641

(4) For subsequent annual registrations, the auditor may	34642
require the owner or vendee in possession to present an Ohio	34643
certificate of title, certified copy of the certificate of title,	34644
or memorandum certificate of title to the county treasurer upon	34645
payment of the manufactured home tax that is due.	34646

(E)(1) Upon the application to transfer ownership of a	34647
manufactured or mobile home for which manufactured home taxes are	34648
paid pursuant to division (C) of section 4503.06 of the Revised	34649
Code the clerk of the court of common pleas shall not issue any	34650
certificate of title that does not contain or have attached both	34651
of the following:	34652

(a) An endorsement of the county treasurer stating that the	34653
home has been registered for each year of ownership and that all	34654
manufactured home taxes imposed pursuant to section 4503.06 of the	34655
Revised Code have been paid or that no tax is due;	34656

(b) An endorsement of the county auditor that the	34657
manufactured home transfer tax imposed pursuant to section 322.06	34658
of the Revised Code and any fees imposed under division ~~(F)~~(G) of	34659
section 319.54 of the Revised Code have been paid.	34660

(2) If all the taxes have not been paid, the clerk shall	34661
notify the vendee to contact the county treasurer of the county	34662
containing the taxing district in which the home has its situs at	34663
the time of the proposed transfer. The county treasurer shall then	34664
collect all the taxes that are due for the year of the transfer	34665
and all previous years not exceeding a total of five years. The	34666
county treasurer shall distribute that part of the collection owed	34667
to the county treasurer of other counties if the home had its	34668
situs in another county during a particular year when the unpaid	34669
tax became due and payable. The burden to prove the situs of the	34670
home in the years that the taxes were not paid is on the	34671
transferor of the home. Upon payment of the taxes, the county	34672
auditor shall remove all remaining taxes from the manufactured	34673
home tax list and the delinquent manufactured home tax list, and	34674
the county treasurer shall release all liens for such taxes. The	34675
clerk of courts shall issue a certificate of title, free and clear	34676
of all liens for manufactured home taxes, to the transferee of the	34677
home.	34678

(3) Once the transfer is complete and the certificate of	34679
title has been issued, the transferee shall register the	34680
manufactured or mobile home pursuant to division (C) or (D) of	34681
this section with the county auditor of the county containing the	34682
taxing district in which the home remains after the transfer or,	34683
if the home is relocated to another county, with the county	34684
auditor of the county to which the home is relocated. The	34685
transferee need not pay the annual tax for the year of acquisition	34686
if the original owner has already paid the annual tax for that	34687
year.	34688

(F) The county auditor may adopt a permanent registration	34689
system and issue a permanent decal with the first registration as	34690
prescribed by the tax commissioner.	34691

(G) When any manufactured or mobile home required to be	34692
registered by this section is not registered, the county auditor	34693
shall impose a penalty of one hundred dollars upon the owner and	34694
deposit the amount to the credit of the county real estate	34695
assessment fund to be used to pay the costs of administering this	34696
section and section 4503.06 of the Revised Code. If unpaid, the	34697
penalty shall constitute a lien on the home and shall be added by	34698
the county auditor to the manufactured home tax list for	34699
collection.	34700

(H)(1) Except as otherwise provided in this division, before	34701
moving a manufactured or mobile home on public roads from one	34702
address within this state to another address within or outside	34703
this state, the owner of the home shall obtain a relocation	34704
notice, as provided by this section, from the auditor of the	34705
county in which the home is located if the home is currently	34706
subject to taxation pursuant to section 4503.06 of the Revised	34707
Code. The auditor shall charge five dollars for the notice, and	34708
deposit the amount to the credit of the county real estate	34709
assessment fund to be used to pay the costs of administering this	34710
section and section 4503.06 of the Revised Code. The auditor shall	34711
not issue a relocation notice unless all taxes owed on the home	34712
under section 4503.06 of the Revised Code that were first charged	34713
to the home during the period of ownership of the owner seeking	34714
the relocation notice have been paid. If the home is being moved	34715
by a new owner of the home or by a party taking repossession of	34716
the home, the auditor shall not issue a relocation notice unless	34717
all of the taxes due for the preceding five years and for the	34718
current year have been paid. A relocation notice issued by a	34719
county auditor is valid until the last day of December of the year	34720
in which it was issued.	34721

If the home is being moved by a sheriff, police officer,	34722
constable, bailiff, or manufactured home park operator, as defined	34723
in section 3733.01 of the Revised Code, or any agent of any of	34724
these persons, for purposes of removal from a manufactured home	34725
park and storage, sale, or destruction under section 1923.14 of	34726
the Revised Code, the auditor shall issue a relocation notice	34727
without requiring payment of any taxes owed on the home under	34728
section 4503.06 of the Revised Code.	34729

(2) If a manufactured or mobile home is not yet subject to	34730
taxation under section 4503.06 of the Revised Code, the owner of	34731
the home shall obtain a relocation notice from the dealer of the	34732
home. Within thirty days after the manufactured or mobile home is	34733
purchased, the dealer of the home shall provide the auditor of the	34734
county in which the home is to be located written notice of the	34735
name of the purchaser of the home, the registration number or	34736
vehicle identification number of the home, and the address or	34737
location to which the home is to be moved. The county auditor	34738
shall provide to each manufactured and mobile home dealer, without	34739
charge, a supply of relocation notices to be distributed to	34740
purchasers pursuant to this section.	34741

(3) The notice shall be in the form of a one-foot square	34742
yellow sign with the words "manufactured home relocation notice"	34743
printed prominently on it. The name of the owner of the home, the	34744
home's registration number or vehicle identification number, the	34745
county and the address or location to which the home is being	34746
moved, and the county in which the notice is issued shall also be	34747
entered on the notice.	34748

(4) The relocation notice must be attached to the rear of the	34749
home when the home is being moved on a public road. Except as	34750
provided in divisions (H)(1) and (5) of this section, no person	34751
shall drive a motor vehicle moving a manufactured or mobile home	34752
on a public road from one address to another address within this	34753
state unless a relocation notice is attached to the rear of the	34754
home.	34755

(5) If the county auditor determines that a manufactured or	34756
mobile home has been moved without a relocation notice as required	34757
under this division, the auditor shall impose a penalty of one	34758
hundred dollars upon the owner of the home and upon the person who	34759
moved the home and deposit the amount to the credit of the county	34760
real estate assessment fund to pay the costs of administering this	34761
section and section 4503.06 of the Revised Code. If the home was	34762
relocated from one county in this state to another county in this	34763
state and the county auditor of the county to which the home was	34764
relocated imposes the penalty, that county auditor, upon	34765
collection of the penalty, shall cause an amount equal to the	34766
penalty to be transmitted from the county real estate assessment	34767
fund to the county auditor of the county from which the home was	34768
relocated, who shall deposit the amount to the credit of the	34769
county real estate assessment fund. If the penalty on the owner is	34770
unpaid, the penalty shall constitute a lien on the home and the	34771
auditor shall add the penalty to the manufactured home tax list	34772
for collection. If the county auditor determines that a dealer	34773
that has sold a manufactured or mobile home has failed to timely	34774
provide the information required under this division, the auditor	34775
shall impose a penalty upon the dealer in the amount of one	34776
hundred dollars. The penalty shall be credited to the county real	34777
estate assessment fund and used to pay the costs of administering	34778
this section and section 4503.06 of the Revised Code.	34779

(I) Whoever violates division (H)(4) of this section is	34780
guilty of a minor misdemeanor.	34781

Sec. 4503.064. As used in sections 4503.064 to 4503.069 of	34782
the Revised Code:	34783

(A) "Sixty-five years of age or older" means a person who	34784
will be age sixty-five or older in the calendar year following the	34785
year of application for reduction in the assessable value of the	34786
person's manufactured or mobile home.	34787

(B) ~~"Total income" means the adjusted gross income of the~~	34788
~~owner and the owner's spouse for the year preceding the year in~~	34789
~~which application for a reduction in taxes is made, as determined~~	34790
~~under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26~~	34791
~~U.S.C.A. 1, as amended, adjusted as follows:~~	34792

~~(1) Subtract the amount of disability benefits included in~~	34793
~~adjusted gross income but not to exceed five thousand two hundred~~	34794
~~dollars;~~	34795

~~(2) Add old age and survivors benefits received pursuant to~~	34796
~~the "Social Security Act" that are not included in adjusted gross~~	34797
~~income;~~	34798

~~(3) Add retirement, pension, annuity, or other retirement~~	34799
~~payments or benefits not included in adjusted gross income;~~	34800

~~(4) Add tier I and II railroad retirement benefits received~~	34801
~~pursuant to the "Railroad Retirement Act," 50 Stat. 307, 45 U.S.C.~~	34802
~~228;~~	34803

~~(5) Add interest on federal, state, and local government~~	34804
~~obligations;~~	34805

~~(6) For a person who received the homestead exemption for a~~	34806
~~prior year on the basis of being permanently and totally disabled~~	34807
~~and whose current application for the exemption is made on the~~	34808
~~basis of age, subtract the following amount:~~	34809

~~(a) If the person received disability benefits that were not~~	34810
~~included in adjusted gross income in the year preceding the first~~	34811
~~year in which the person applied for the exemption on the basis of~~	34812
~~age, subtract an amount equal to the disability benefits the~~	34813
~~person received in that preceding year, to the extent included in~~	34814
~~total income in the current year and not subtracted under division~~	34815
~~(B)(1) of this section in the current year;~~	34816

~~(b) If the person received disability benefits that were~~	34817
~~included in adjusted gross income in the year preceding the first~~	34818
~~year in which the person applied for the exemption on the basis of~~	34819
~~age, subtract an amount equal to the amount of disability benefits~~	34820
~~that were subtracted pursuant to division (B)(1) of this section~~	34821
~~in that preceding year, to the extent included in total income in~~	34822
~~the current year and not subtracted under division (B)(1) of this~~	34823
~~section in the current year.~~	34824

~~Disability benefits that are paid by the department of~~	34825
~~veterans affairs or a branch of the armed forces of the United~~	34826
~~States on account of an injury or disability shall not be included~~	34827
~~in total income.~~	34828

~~(C) "Old age and survivors benefits received pursuant to the~~	34829
~~'Social Security Act'" or "tier I railroad retirement benefits~~	34830
~~received pursuant to the 'Railroad Retirement Act'" means:~~	34831

~~(1) The old age benefits payable under the social security or~~	34832
~~railroad retirement laws in effect on the last day of the calendar~~	34833
~~year preceding the year in which the applicant's application for~~	34834
~~reduction is first successfully made, or, if no such benefits are~~	34835
~~payable that year, old age benefits payable the first succeeding~~	34836
~~year in which old age benefits under the social security or~~	34837
~~railroad retirement laws are payable, except in those cases where~~	34838
~~a change in social security or railroad retirement benefits~~	34839
~~results in a reduction in income.~~	34840

~~(2) The lesser of:~~

34841

~~(a) Survivors benefits payable under the social security or~~	34842
~~railroad retirement laws in effect on the last day of the calendar~~	34843
~~year preceding the year in which the applicant's application for~~	34844
~~reduction is first successfully made, or, if no such benefits are~~	34845
~~payable that year, survivors benefits payable the first succeeding~~	34846
~~year in which survivors benefits are payable; or~~	34847

~~(b) Old age benefits of the deceased spouse, as determined~~	34848
~~under division (C)(1) of this section, upon which the surviving~~	34849
~~spouse's survivors benefits are based under the social security or~~	34850
~~railroad retirement laws, except in those cases where a change in~~	34851
~~benefits would cause a reduction in income.~~	34852

~~Survivors benefits are those described in division (C)(2)(b)~~	34853
~~of this section only if the deceased spouse received old age~~	34854
~~benefits in the year in which the deceased died. If the deceased~~	34855
~~spouse did not receive old age benefits in the year in which the~~	34856
~~deceased died, then survivors benefits are those described in~~	34857
~~division (C)(2)(a) of this section.~~	34858

~~(D)~~ "Permanently and totally disabled" means a person who, on	34859
the first day of January of the year of application, including	34860
late application, for reduction in the assessable value of a	34861
manufactured or mobile home, has some impairment in body or mind	34862
that makes the person unable to work at any substantially	34863
remunerative employment which the person is reasonably able to	34864
perform and which will, with reasonable probability, continue for	34865
an indefinite period of at least twelve months without any present	34866
indication of recovery therefrom or has been certified as	34867
permanently and totally disabled by a state or federal agency	34868
having the function of so classifying persons.	34869

~~(E)~~(C) "Homestead exemption" means the reduction in taxes	34870
allowed under division (A) of section 323.152 of the Revised Code	34871
for the year in which an application is filed under section	34872
4503.066 of the Revised Code.	34873

~~(F)~~(D) "Manufactured home" has the meaning given in division	34874
(C)(4) of section 3781.06 of the Revised Code, and includes a	34875
structure consisting of two manufactured homes that were purchased	34876
either together or separately and are combined to form a single	34877
dwelling, but does not include a manufactured home that is taxed	34878
as real property pursuant to division (B) of section 4503.06 of	34879
the Revised Code.	34880

~~(G)~~(E) "Mobile home" has the meaning given in division (O) of	34881
section 4501.01 of the Revised Code and includes a structure	34882
consisting of two mobile homes that were purchased together or	34883
separately and combined to form a single dwelling, but does not	34884
include a mobile home that is taxed as real property pursuant to	34885
division (B) of section 4503.06 of the Revised Code.	34886

~~(H)~~(F) "Late application" means an application filed with an	34887
original application under division (A)(3) of section 4503.066 of	34888
the Revised Code.	34889

Sec. 4503.065. (A) This section applies to any of the	34890
following:	34891

(1) An individual who is permanently and totally disabled;

34892

(2) An individual who is sixty-five years of age or older;

34893

(3) An individual who is the surviving spouse of a deceased	34894
person who was permanently and totally disabled or sixty-five	34895
years of age or older and who applied and qualified for a	34896
reduction in assessable value under this section in the year of	34897
death, provided the surviving spouse is at least fifty-nine but	34898
not sixty-five or more years of age on the date the deceased	34899
spouse dies.	34900

(B)~~(1)~~ The manufactured home tax on a manufactured or mobile	34901
home that is paid pursuant to division (C) of section 4503.06 of	34902
the Revised Code and that is owned and occupied as a home by an	34903
individual whose domicile is in this state and to whom this	34904
section applies, shall be reduced for any tax year for which the	34905
owner obtains a certificate of reduction from the county auditor	34906
under section 4503.067 of the Revised Code, provided the	34907
individual did not acquire ownership from a person, other than the	34908
individual's spouse, related by consanguinity or affinity for the	34909
purpose of qualifying for the reduction ~~in assessable value~~. An	34910
owner includes a settlor of a revocable inter vivos trust holding	34911
the title to a manufactured or mobile home occupied by the settlor	34912
as of right under the trust. ~~The~~	34913

(1) For manufactured and mobile homes for which the tax	34914
imposed by section 4503.06 of the Revised Code is computed under	34915
division (D)(2) of that section, the reduction shall equal the	34916
~~amount obtained by multiplying the tax rate for the tax year for~~	34917
~~which the certificate is issued by the reduction in assessable~~	34918
~~value shown in the following schedule.~~	34919

	~~Reduce Assessable Value~~		34920
~~Total Income~~	~~by the Lesser of:~~		34921
	~~Column A~~	~~Column B~~	34922

~~$11,900 or less~~	~~$5,000 or seventy-five per cent~~	34923
~~More than $11,900 but not more than $17,500~~	~~$3,000 or sixty per cent~~	34924
~~More than $17,500 but not more than $23,000~~	~~$1,000 or twenty-five per cent~~	34925
~~More than $23,000~~	~~-0-~~	34926

~~(2) Each calendar year, the tax commissioner shall adjust the~~	34927
~~foregoing schedule by completing the following calculations in~~	34928
~~September of each year:~~	34929

~~(a) Determine the percentage increase in the gross domestic~~	34930
~~product deflator determined by the bureau of economic analysis of~~	34931
~~the United States department of commerce from the first day of~~	34932
~~January of the preceding calendar year to the last day of December~~	34933
~~of the preceding calendar year;~~	34934

~~(b) Multiply that percentage increase by each of the total~~	34935
~~income amounts, and by each dollar amount by which assessable~~	34936
~~value is reduced, for the ensuing tax year;~~	34937

~~(c) Add the resulting product to each of the total income~~	34938
~~amounts, and to each of the dollar amounts by which assessable~~	34939
~~value is reduced, for the ensuing tax year;~~	34940

~~(d)(i) Except as provided in division (B)(2)(d)(ii) of this~~	34941
~~section, round the resulting sum to the nearest multiple of one~~	34942
~~hundred dollars;~~	34943

~~(ii) If rounding the resulting sum to the nearest multiple of~~	34944
~~one hundred dollars under division (B)(2)(d)(i) of this section~~	34945
~~does not increase the dollar amounts by which assessable value is~~	34946
~~reduced, the resulting sum instead shall be rounded to the nearest~~	34947
~~multiple of ten dollars.~~	34948

~~The commissioner shall certify the amounts resulting from the~~	34949
~~adjustment to each county auditor not later than the first day of~~	34950
~~December each year. The certified amounts apply to the second~~	34951
~~ensuing tax year. The commissioner shall not make the adjustment~~	34952
~~in any calendar year in which the amounts resulting from the~~	34953
~~adjustment would be less than the total income amounts, or less~~	34954
~~than the dollar amounts by which assessable value is reduced, for~~	34955
~~the ensuing tax year~~greater of the reduction granted for the tax	34956
year preceding the first tax year to which this section applies	34957
pursuant to Section 803.06 of Am. Sub. H.B. 119 of the 127th	34958
general assembly, if the taxpayer received a reduction for that	34959
preceding tax year, or the product of the following:	34960

(a) Twenty-five thousand dollars of the true value of the	34961
property in money;	34962

(b) The assessment percentage established by the tax	34963
commissioner under division (B) of section 5715.01 of the Revised	34964
Code, not to exceed thirty-five per cent;	34965

(c) The effective tax rate used to calculate the taxes	34966
charged against the property for the current year, where	34967
"effective tax rate" is defined as in section 323.08 of the	34968
Revised Code;	34969

(d) The quantity equal to one minus the sum of the percentage	34970
reductions in taxes allowed by section 319.302 of the Revised Code	34971
and division (B) of section 323.152 of the Revised Code for the	34972
property for the current year.	34973

(2) For manufactured and mobile homes for which the tax	34974
imposed by section 4503.06 of the Revised Code is computed under	34975
division (D)(1) of that section, the reduction shall equal the	34976
greater of the reduction granted for the tax year preceding the	34977
first tax year to which this section applies pursuant to Section	34978
803.06 of Am. Sub. H.B. 119 of the 127th general assembly, if the	34979
taxpayer received a reduction for that preceding tax year, or the	34980
product of the following:	34981

(a) Twenty-five thousand dollars of the cost to the owner, or	34982
the market value at the time of purchase, whichever is greater, as	34983
those terms are used in division (D)(1) of section 4503.06 of the	34984
Revised Code;	34985

(b) The percentage from the appropriate schedule in division	34986
(D)(1)(b) of section 4503.06 of the Revised Code;	34987

(c) The assessment percentage of forty per cent used in	34988
division (D)(1)(b) of section 4503.06 of the Revised Code;	34989

(d) The effective tax rate of the taxing district in which	34990
the home has its situs.	34991

(C) If the owner or the spouse of the owner of a manufactured	34992
or mobile home is eligible for a homestead exemption on the land	34993
upon which the home is located, the reduction ~~in assessable value~~	34994
to which the owner or spouse is entitled under this section shall	34995
not exceed the difference between the reduction ~~in assessable~~	34996
~~value~~ to which the owner or spouse is entitled under ~~column A of~~	34997
~~the above schedule~~division (B) of this section and the amount of	34998
the reduction ~~in taxable value that was used to compute~~under the	34999
homestead exemption.	35000

(D) No reduction shall be made ~~on the assessable value of~~	35001
with respect to the home of any person convicted of violating	35002
division (C) or (D) of section 4503.066 of the Revised Code for a	35003
period of three years following the conviction.	35004

Sec. 4503.066. (A)(1) To obtain a tax reduction ~~in the~~	35005
~~assessable value of a manufactured or mobile home~~ under section	35006
4503.065 of the Revised Code, the owner of the home shall file an	35007
application with the county auditor of the county in which the	35008
home is located. An application for reduction in ~~assessable value~~	35009
taxes based upon a physical disability shall be accompanied by a	35010
certificate signed by a physician, and an application for	35011
reduction in ~~assessable value~~taxes based upon a mental disability	35012
shall be accompanied by a certificate signed by a physician or	35013
psychologist licensed to practice in this state. The certificate	35014
shall attest to the fact that the applicant is permanently and	35015
totally disabled, shall be in a form that the department of	35016
taxation requires, and shall include the definition of totally and	35017
permanently disabled as set forth in section 4503.064 of the	35018
Revised Code. An application for reduction in ~~assessable value~~	35019
taxes based upon a disability certified as permanent and total by	35020
a state or federal agency having the function of so classifying	35021
persons shall be accompanied by a certificate from that agency.	35022

(2) Each application shall constitute a continuing	35023
application for a reduction in ~~assessable value~~taxes for each	35024
year in which the manufactured or mobile home is occupied by the	35025
applicant ~~and in which the amount of the reduction in assessable~~	35026
~~value does not exceed either the amount or per cent of the~~	35027
~~reduction for the year in which the application was first filed~~.	35028
Failure to receive a new application or notification under	35029
division (B) of this section after a certificate of reduction has	35030
been issued under section 4503.067 of the Revised Code is	35031
prima-facie evidence that the original applicant is entitled to	35032
the reduction ~~in assessable value~~ calculated on the basis of the	35033
information contained in the original application. The original	35034
application and any subsequent application shall be in the form of	35035
a signed statement and shall be filed not later than the first	35036
Monday in June. The statement shall be on a form, devised and	35037
supplied by the tax commissioner, that shall require no more	35038
information than is necessary to establish the applicant's	35039
eligibility for the reduction in ~~assessable value~~taxes and the	35040
amount of the reduction to which the applicant is entitled. ~~The~~	35041
~~form shall contain a statement that signing such application~~	35042
~~constitutes a delegation of authority by the applicant to the~~	35043
~~county auditor to examine any financial records that relate to~~	35044
~~income earned by the applicant as stated on the application for~~	35045
~~the purpose of determining eligibility under, or possible~~	35046
~~violation of, division (C) or (D) of this section.~~ The form also	35047
shall contain a statement that conviction of willfully falsifying	35048
information to obtain a reduction in ~~assessable value~~taxes or	35049
failing to comply with division (B) of this section shall result	35050
in the revocation of the right to the reduction for a period of	35051
three years.	35052

(3) A late application for a reduction in ~~assessable value~~	35053
taxes for the year preceding the year for which an original	35054
application is filed may be filed with an original application. If	35055
the auditor determines that the information contained in the late	35056
application is correct, the auditor shall determine both the	35057
amount of the reduction in ~~assessable value~~taxes to which the	35058
applicant would have been entitled for the current tax year had	35059
the application been timely filed and approved in the preceding	35060
year, and the amount the taxes levied under section 4503.06 of the	35061
Revised Code for the current year would have been reduced as a	35062
result of the reduction ~~in assessable value~~. When an applicant is	35063
permanently and totally disabled on the first day of January of	35064
the year in which the applicant files a late application, the	35065
auditor, in making the determination of the amounts of the	35066
reduction in ~~assessable value and~~ taxes under division (A)(3) of	35067
this section, is not required to determine that the applicant was	35068
permanently and totally disabled on the first day of January of	35069
the preceding year.	35070

The amount of the reduction in taxes pursuant to a late	35071
application shall be treated as an overpayment of taxes by the	35072
applicant. The auditor shall credit the amount of the overpayment	35073
against the amount of the taxes or penalties then due from the	35074
applicant, and, at the next succeeding settlement, the amount of	35075
the credit shall be deducted from the amount of any taxes or	35076
penalties distributable to the county or any taxing unit in the	35077
county that has received the benefit of the taxes or penalties	35078
previously overpaid, in proportion to the benefits previously	35079
received. If, after the credit has been made, there remains a	35080
balance of the overpayment, or if there are no taxes or penalties	35081
due from the applicant, the auditor shall refund that balance to	35082
the applicant by a warrant drawn on the county treasurer in favor	35083
of the applicant. The treasurer shall pay the warrant from the	35084
general fund of the county. If there is insufficient money in the	35085
general fund to make the payment, the treasurer shall pay the	35086
warrant out of any undivided manufactured or mobile home taxes	35087
subsequently received by the treasurer for distribution to the	35088
county or taxing district in the county that received the benefit	35089
of the overpaid taxes, in proportion to the benefits previously	35090
received, and the amount paid from the undivided funds shall be	35091
deducted from the money otherwise distributable to the county or	35092
taxing district in the county at the next or any succeeding	35093
distribution. At the next or any succeeding distribution after	35094
making the refund, the treasurer shall reimburse the general fund	35095
for any payment made from that fund by deducting the amount of	35096
that payment from the money distributable to the county or other	35097
taxing unit in the county that has received the benefit of the	35098
taxes, in proportion to the benefits previously received. On the	35099
second Monday in September of each year, the county auditor shall	35100
certify the total amount of the reductions in taxes made in the	35101
current year under division (A)(3) of this section to the tax	35102
commissioner who shall treat that amount as a reduction in taxes	35103
for the current tax year and shall make reimbursement to the	35104
county of that amount in the manner prescribed in section 4503.068	35105
of the Revised Code, from moneys appropriated for that purpose.	35106

(B) If in any year after an application has been filed under	35107
division (A) of this section the owner no longer qualifies for the	35108
reduction in ~~assessable value~~taxes for which the owner was issued	35109
a certificate ~~or qualifies for a reduction that is less than~~	35110
~~either the per cent or amount of the reduction to which the owner~~	35111
~~was entitled in the year the application was filed~~, the owner	35112
shall notify the county auditor that the owner is not qualified	35113
for a reduction in ~~the assessable value of the home or file a new~~	35114
~~application under division (A) of this section~~taxes.	35115

During January of each year, the county auditor shall furnish	35116
each person issued a certificate of reduction ~~in value~~, by	35117
ordinary mail, a form on which to report any ~~changes in total~~	35118
~~income that would have the effect of increasing or decreasing the~~	35119
~~reduction to which the person is entitled,~~ changes in ownership of	35120
the home, including changes in or revocation of a revocable inter	35121
vivos trust, changes in disability, and other changes in the	35122
information earlier furnished the auditor relative to the	35123
application. ~~The form shall be completed and returned to the~~	35124
~~auditor not later than the first Monday in June if the changes~~	35125
~~would affect the level of reduction in assessable value.~~	35126

(C) No person shall knowingly make a false statement for the	35127
purpose of obtaining a reduction in ~~assessable value~~taxes under	35128
section 4503.065 of the Revised Code.	35129

(D) No person shall knowingly fail to notify the county	35130
auditor of any change required by division (B) of this section	35131
that has the effect of maintaining or securing a reduction in	35132
~~assessable value of the home in excess of the reduction allowed~~	35133
taxes under section 4503.065 of the Revised Code.	35134

(E) No person shall knowingly make a false statement or	35135
certification attesting to any person's physical or mental	35136
condition for purposes of qualifying such person for tax relief	35137
pursuant to sections 4503.064 to 4503.069 of the Revised Code.	35138

(F) Whoever violates division (C), (D), or (E) of this	35139
section is guilty of a misdemeanor of the fourth degree.	35140

Sec. 4503.067. (A) At the same time the tax bill for the	35141
first half of the tax year is issued, the county auditor shall	35142
issue a certificate of reduction in ~~assessable value of~~taxes for	35143
a manufactured or mobile home in triplicate for each person who	35144
has complied with section 4503.066 of the Revised Code and been	35145
found by the auditor to be entitled to a reduction ~~of assessable~~	35146
~~value~~in taxes for the succeeding tax year. The certificate shall	35147
set forth the ~~assessable value of the home calculated under~~	35148
~~section 4503.06 of the Revised Code and the~~ amount of the	35149
reduction in ~~assessable value of the home~~taxes calculated under	35150
section 4503.065 of the Revised Code. Upon issuance of the	35151
certificate, the auditor shall reduce the ~~assessable value of~~	35152
manufactured home tax levied on the home for the succeeding tax	35153
year by the required amount and forward the original and one copy	35154
of the certificate to the county treasurer. The auditor shall	35155
retain one copy of the certificate. The treasurer shall retain the	35156
original certificate and forward the remaining copy to the	35157
recipient with the tax bill delivered pursuant to division (D)(6)	35158
of section 4503.06 of the Revised Code.	35159

(B) If the application or a continuing application is not	35160
approved, the auditor shall notify the applicant of the reasons	35161
for denial no later than the first Monday in October. If a person	35162
believes that the person's application for reduction in ~~assessable~~	35163
~~value of a home~~taxes has been improperly denied or is for less	35164
than that to which the person is entitled, the person may file an	35165
appeal with the county board of revision no later than the	35166
thirty-first day of January of the following calendar year. The	35167
appeal shall be treated in the same manner as a complaint relating	35168
to the valuation or assessment of real property under Chapter	35169
5715. of the Revised Code.	35170

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	35171
motorcycle, and all-purpose vehicle required to be registered	35172
under section 4519.02 of the Revised Code shall file an	35173
application for registration under section 4519.03 of the Revised	35174
Code. The owner of a motor vehicle, other than a snowmobile,	35175
off-highway motorcycle, or all-purpose vehicle, that is not	35176
designed and constructed by the manufacturer for operation on a	35177
street or highway may not register it under this chapter except	35178
upon certification of inspection pursuant to section 4513.02 of	35179
the Revised Code by the sheriff, or the chief of police of the	35180
municipal corporation or township, with jurisdiction over the	35181
political subdivision in which the owner of the motor vehicle	35182
resides. Except as provided in section 4503.103 of the Revised	35183
Code, every owner of every other motor vehicle not previously	35184
described in this section and every person mentioned as owner in	35185
the last certificate of title of a motor vehicle that is operated	35186
or driven upon the public roads or highways shall cause to be	35187
filed each year, by mail or otherwise, in the office of the	35188
registrar of motor vehicles or a deputy registrar, a written or	35189
electronic application or a preprinted registration renewal notice	35190
issued under section 4503.102 of the Revised Code, the form of	35191
which shall be prescribed by the registrar, for registration for	35192
the following registration year, which shall begin on the first	35193
day of January of every calendar year and end on the thirty-first	35194
day of December in the same year. Applications for registration	35195
and registration renewal notices shall be filed at the times	35196
established by the registrar pursuant to section 4503.101 of the	35197
Revised Code. A motor vehicle owner also may elect to apply for or	35198
renew a motor vehicle registration by electronic means using	35199
electronic signature in accordance with rules adopted by the	35200
registrar. Except as provided in division (J) of this section,	35201
applications for registration shall be made on blanks furnished by	35202
the registrar for that purpose, containing the following	35203
information:	35204

(1) A brief description of the motor vehicle to be	35205
registered, including the year, make, model, and vehicle	35206
identification number, and, in the case of commercial cars, the	35207
gross weight of the vehicle fully equipped computed in the manner	35208
prescribed in section 4503.08 of the Revised Code;	35209

(2) The name and residence address of the owner, and the	35210
township and municipal corporation in which the owner resides;	35211

(3) The district of registration, which shall be determined	35212
as follows:	35213

(a) In case the motor vehicle to be registered is used for	35214
hire or principally in connection with any established business or	35215
branch business, conducted at a particular place, the district of	35216
registration is the municipal corporation in which that place is	35217
located or, if not located in any municipal corporation, the	35218
county and township in which that place is located.	35219

(b) In case the vehicle is not so used, the district of	35220
registration is the municipal corporation or county in which the	35221
owner resides at the time of making the application.	35222

(4) Whether the motor vehicle is a new or used motor vehicle;

35223

(5) The date of purchase of the motor vehicle;

35224

(6) Whether the fees required to be paid for the registration	35225
or transfer of the motor vehicle, during the preceding	35226
registration year and during the preceding period of the current	35227
registration year, have been paid. Each application for	35228
registration shall be signed by the owner, either manually or by	35229
electronic signature, or pursuant to obtaining a limited power of	35230
attorney authorized by the registrar for registration, or other	35231
document authorizing such signature. If the owner elects to apply	35232
for or renew the motor vehicle registration with the registrar by	35233
electronic means, the owner's manual signature is not required.	35234

(7) The owner's social security number, if assigned, or,	35235
where a motor vehicle to be registered is used for hire or	35236
principally in connection with any established business, the	35237
owner's federal taxpayer identification number. The bureau of	35238
motor vehicles shall retain in its records all social security	35239
numbers provided under this section, but the bureau shall not	35240
place social security numbers on motor vehicle certificates of	35241
registration.	35242

(B) Except as otherwise provided in this division, each time	35243
an applicant first registers a motor vehicle in the applicant's	35244
name, the applicant shall present for inspection a physical	35245
certificate of title or memorandum certificate showing title to	35246
the motor vehicle to be registered in the name of the applicant if	35247
a physical certificate of title or memorandum certificate has been	35248
issued by a clerk of a court of common pleas. If, under sections	35249
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	35250
instead has issued an electronic certificate of title for the	35251
applicant's motor vehicle, that certificate may be presented for	35252
inspection at the time of first registration in a manner	35253
prescribed by rules adopted by the registrar. An applicant is not	35254
required to present a certificate of title to an electronic motor	35255
vehicle dealer acting as a limited authority deputy registrar in	35256
accordance with rules adopted by the registrar. When a motor	35257
vehicle inspection and maintenance program is in effect under	35258
section 3704.14 of the Revised Code and rules adopted under it,	35259
each application for registration for a vehicle required to be	35260
inspected under that section and those rules shall be accompanied	35261
by an inspection certificate for the motor vehicle issued in	35262
accordance with that section. The application shall be refused if	35263
any of the following applies:	35264

(1) The application is not in proper form.

35265

(2) The application is prohibited from being accepted by	35266
division (D) of section 2935.27, division (A) of section 2937.221,	35267
division (A) of section 4503.13, division (B) of section 4510.22,	35268
or division (B)(1) of section 4521.10 of the Revised Code.	35269

(3) A certificate of title or memorandum certificate of title	35270
is required but does not accompany the application or, in the case	35271
of an electronic certificate of title, is required but is not	35272
presented in a manner prescribed by the registrar's rules.	35273

(4) All registration and transfer fees for the motor vehicle,	35274
for the preceding year or the preceding period of the current	35275
registration year, have not been paid.	35276

(5) The owner or lessee does not have an inspection	35277
certificate for the motor vehicle as provided in section 3704.14	35278
of the Revised Code, and rules adopted under it, if that section	35279
is applicable.	35280

This section does not require the payment of license or	35281
registration taxes on a motor vehicle for any preceding year, or	35282
for any preceding period of a year, if the motor vehicle was not	35283
taxable for that preceding year or period under sections 4503.02,	35284
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	35285
Revised Code. When a certificate of registration is issued upon	35286
the first registration of a motor vehicle by or on behalf of the	35287
owner, the official issuing the certificate shall indicate the	35288
issuance with a stamp on the certificate of title or memorandum	35289
certificate or, in the case of an electronic certificate of title,	35290
an electronic stamp or other notation as specified in rules	35291
adopted by the registrar, and with a stamp on the inspection	35292
certificate for the motor vehicle, if any. The official also shall	35293
indicate, by a stamp or by other means the registrar prescribes,	35294
on the registration certificate issued upon the first registration	35295
of a motor vehicle by or on behalf of the owner the odometer	35296
reading of the motor vehicle as shown in the odometer statement	35297
included in or attached to the certificate of title. Upon each	35298
subsequent registration of the motor vehicle by or on behalf of	35299
the same owner, the official also shall so indicate the odometer	35300
reading of the motor vehicle as shown on the immediately preceding	35301
certificate of registration.	35302

The registrar shall include in the permanent registration	35303
record of any vehicle required to be inspected under section	35304
3704.14 of the Revised Code the inspection certificate number from	35305
the inspection certificate that is presented at the time of	35306
registration of the vehicle as required under this division.	35307

(C)(1) Commencing with each registration renewal with an	35308
expiration date on or after October 1, 2003, and for each initial	35309
application for registration received on and after that date, the	35310
registrar and each deputy registrar shall collect an additional	35311
fee of eleven dollars for each application for registration and	35312
registration renewal received. The additional fee is for the	35313
purpose of defraying the department of public safety's costs	35314
associated with the administration and enforcement of the motor	35315
vehicle and traffic laws of Ohio. Each deputy registrar shall	35316
transmit the fees collected under division (C)(1) of this section	35317
in the time and manner provided in this section. The registrar	35318
shall deposit all moneys received under division (C)(1) of this	35319
section into the state highway safety fund established in section	35320
4501.06 of the Revised Code.	35321

(2) In addition, a charge of twenty-five cents shall be made	35322
for each reflectorized safety license plate issued, and a single	35323
charge of twenty-five cents shall be made for each county	35324
identification sticker or each set of county identification	35325
stickers issued, as the case may be, to cover the cost of	35326
producing the license plates and stickers, including material,	35327
manufacturing, and administrative costs. Those fees shall be in	35328
addition to the license tax. If the total cost of producing the	35329
plates is less than twenty-five cents per plate, or if the total	35330
cost of producing the stickers is less than twenty-five cents per	35331
sticker or per set issued, any excess moneys accruing from the	35332
fees shall be distributed in the same manner as provided by	35333
section 4501.04 of the Revised Code for the distribution of	35334
license tax moneys. If the total cost of producing the plates	35335
exceeds twenty-five cents per plate, or if the total cost of	35336
producing the stickers exceeds twenty-five cents per sticker or	35337
per set issued, the difference shall be paid from the license tax	35338
moneys collected pursuant to section 4503.02 of the Revised Code.	35339

(D) Each deputy registrar shall be allowed a fee of two	35340
dollars and seventy-five cents commencing on July 1, 2001, three	35341
dollars and twenty-five cents commencing on January 1, 2003, and	35342
three dollars and fifty cents commencing on January 1, 2004, for	35343
each application for registration and registration renewal notice	35344
the deputy registrar receives, which shall be for the purpose of	35345
compensating the deputy registrar for the deputy registrar's	35346
services, and such office and rental expenses, as may be necessary	35347
for the proper discharge of the deputy registrar's duties in the	35348
receiving of applications and renewal notices and the issuing of	35349
registrations.	35350

(E) Upon the certification of the registrar, the county	35351
sheriff or local police officials shall recover license plates	35352
erroneously or fraudulently issued.	35353

(F) Each deputy registrar, upon receipt of any application	35354
for registration or registration renewal notice, together with the	35355
license fee and any local motor vehicle license tax levied	35356
pursuant to Chapter 4504. of the Revised Code, shall transmit that	35357
fee and tax, if any, in the manner provided in this section,	35358
together with the original and duplicate copy of the application,	35359
to the registrar. The registrar, subject to the approval of the	35360
director of public safety, may deposit the funds collected by	35361
those deputies in a local bank or depository to the credit of the	35362
"state of Ohio, bureau of motor vehicles." Where a local bank or	35363
depository has been designated by the registrar, each deputy	35364
registrar shall deposit all moneys collected by the deputy	35365
registrar into that bank or depository not more than one business	35366
day after their collection and shall make reports to the registrar	35367
of the amounts so deposited, together with any other information,	35368
some of which may be prescribed by the treasurer of state, as the	35369
registrar may require and as prescribed by the registrar by rule.	35370
The registrar, within three days after receipt of notification of	35371
the deposit of funds by a deputy registrar in a local bank or	35372
depository, shall draw on that account in favor of the treasurer	35373
of state. The registrar, subject to the approval of the director	35374
and the treasurer of state, may make reasonable rules necessary	35375
for the prompt transmittal of fees and for safeguarding the	35376
interests of the state and of counties, townships, municipal	35377
corporations, and transportation improvement districts levying	35378
local motor vehicle license taxes. The registrar may pay service	35379
charges usually collected by banks and depositories for such	35380
service. If deputy registrars are located in communities where	35381
banking facilities are not available, they shall transmit the fees	35382
forthwith, by money order or otherwise, as the registrar, by rule	35383
approved by the director and the treasurer of state, may	35384
prescribe. The registrar may pay the usual and customary fees for	35385
such service.	35386

(G) This section does not prevent any person from making an	35387
application for a motor vehicle license directly to the registrar	35388
by mail, by electronic means, or in person at any of the	35389
registrar's offices, upon payment of a service fee of two dollars	35390
and seventy-five cents commencing on July 1, 2001, three dollars	35391
and twenty-five cents commencing on January 1, 2003, and three	35392
dollars and fifty cents commencing on January 1, 2004, for each	35393
application.	35394

(H) No person shall make a false statement as to the district	35395
of registration in an application required by division (A) of this	35396
section. Violation of this division is falsification under section	35397
2921.13 of the Revised Code and punishable as specified in that	35398
section.	35399

(I)(1) Where applicable, the requirements of division (B) of	35400
this section relating to the presentation of an inspection	35401
certificate issued under section 3704.14 of the Revised Code and	35402
rules adopted under it for a motor vehicle, the refusal of a	35403
license for failure to present an inspection certificate, and the	35404
stamping of the inspection certificate by the official issuing the	35405
certificate of registration apply to the registration of and	35406
issuance of license plates for a motor vehicle under sections	35407
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	35408
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	35409
4503.47, and 4503.51 of the Revised Code.	35410

(2)(a) The registrar shall adopt rules ensuring that each	35411
owner registering a motor vehicle in a county where a motor	35412
vehicle inspection and maintenance program is in effect under	35413
section 3704.14 of the Revised Code and rules adopted under it	35414
receives information about the requirements established in that	35415
section and those rules and about the need in those counties to	35416
present an inspection certificate with an application for	35417
registration or preregistration.	35418

(b) Upon request, the registrar shall provide the director of	35419
environmental protection, or any person that has been awarded a	35420
contract under ~~division (D) of~~ section 3704.14 of the Revised	35421
Code, an on-line computer data link to registration information	35422
for all passenger cars, noncommercial motor vehicles, and	35423
commercial cars that are subject to that section. The registrar	35424
also shall provide to the director of environmental protection a	35425
magnetic data tape containing registration information regarding	35426
passenger cars, noncommercial motor vehicles, and commercial cars	35427
for which a multi-year registration is in effect under section	35428
4503.103 of the Revised Code or rules adopted under it, including,	35429
without limitation, the date of issuance of the multi-year	35430
registration, the registration deadline established under rules	35431
adopted under section 4503.101 of the Revised Code that was	35432
applicable in the year in which the multi-year registration was	35433
issued, and the registration deadline for renewal of the	35434
multi-year registration.	35435

(J) Application for registration under the international	35436
registration plan, as set forth in sections 4503.60 to 4503.66 of	35437
the Revised Code, shall be made to the registrar on forms	35438
furnished by the registrar. In accordance with international	35439
registration plan guidelines and pursuant to rules adopted by the	35440
registrar, the forms shall include the following:	35441

(1) A uniform mileage schedule;

35442

(2) The gross vehicle weight of the vehicle or combined gross	35443
vehicle weight of the combination vehicle as declared by the	35444
registrant;	35445

(3) Any other information the registrar requires by rule.

35446

Sec. 4503.102. (A) The registrar of motor vehicles shall	35447
adopt rules to establish a centralized system of motor vehicle	35448
registration renewal by mail or by electronic means. Any person	35449
owning a motor vehicle that was registered in the person's name	35450
during the preceding registration year shall renew the	35451
registration of the motor vehicle not more than ninety days prior	35452
to the expiration date of the registration either by mail or by	35453
electronic means through the centralized system of registration	35454
established under this section, or in person at any office of the	35455
registrar or at a deputy registrar's office.	35456

(B)(1) No less than forty-five days prior to the expiration	35457
date of any motor vehicle registration, the registrar shall mail a	35458
renewal notice to the person in whose name the motor vehicle is	35459
registered. The renewal notice shall clearly state that the	35460
registration of the motor vehicle may be renewed by mail or	35461
electronic means through the centralized system of registration or	35462
in person at any office of the registrar or at a deputy	35463
registrar's office and shall be preprinted with information	35464
including, but not limited to, the owner's name and residence	35465
address as shown in the records of the bureau of motor vehicles, a	35466
brief description of the motor vehicle to be registered, notice of	35467
the license taxes and fees due on the motor vehicle, the toll-free	35468
telephone number of the registrar as required under division	35469
(D)(1) of section 4503.031 of the Revised Code, and any additional	35470
information the registrar may require by rule. The renewal notice	35471
shall be sent by regular mail to the owner's last known address as	35472
shown in the records of the bureau of motor vehicles.	35473

(2) If the application for renewal of the registration of a	35474
motor vehicle is prohibited from being accepted by the registrar	35475
or a deputy registrar by division (D) of section 2935.27, division	35476
(A) of section 2937.221, division (A) of section 4503.13, division	35477
(B) of section 4510.22, or division (B)(1) of section 4521.10 of	35478
the Revised Code, the registrar is not required to send a renewal	35479
notice to the vehicle owner or vehicle lessee.	35480

(C) The owner of the motor vehicle shall verify the	35481
information contained in the notice, sign it either manually or by	35482
electronic means, and return it, either by mail or electronic	35483
means, or the owner may take it in person to any office of the	35484
registrar or of a deputy registrar, together with a financial	35485
transaction device number, when permitted by rule of the	35486
registrar, check, or money order in the amount of the registration	35487
taxes and fees payable on the motor vehicle and a mail fee of two	35488
dollars and seventy-five cents commencing on July 1, 2001, three	35489
dollars and twenty-five cents commencing on January 1, 2003, and	35490
three dollars and fifty cents commencing on January 1, 2004, plus	35491
postage as indicated on the notice, if the registration is renewed	35492
by mail, and an inspection certificate for the motor vehicle as	35493
provided in section 3704.14 of the Revised Code. If the motor	35494
vehicle owner chooses to renew the motor vehicle registration by	35495
electronic means, the owner shall proceed in accordance with the	35496
rules the registrar adopts.	35497

(D) If all registration and transfer fees for the motor	35498
vehicle for the preceding year or the preceding period of the	35499
current registration year have not been paid, if division (D) of	35500
section 2935.27, division (A) of section 2937.221, division (A) of	35501
section 4503.13, division (B) of section 4510.22, or division	35502
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	35503
of the renewal notice, or if the owner or lessee does not have an	35504
inspection certificate for the motor vehicle as provided in	35505
section 3704.14 of the Revised Code, if that section is	35506
applicable, the license shall be refused, and the registrar or	35507
deputy registrar shall so notify the owner. This section does not	35508
require the payment of license or registration taxes on a motor	35509
vehicle for any preceding year, or for any preceding period of a	35510
year, if the motor vehicle was not taxable for that preceding year	35511
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	35512
4503.16 or Chapter 4504. of the Revised Code.	35513

(E)(1) Failure to receive a renewal notice does not relieve a	35514
motor vehicle owner from the responsibility to renew the	35515
registration for the motor vehicle. Any person who has a motor	35516
vehicle registered in this state and who does not receive a	35517
renewal notice as provided in division (B) of this section prior	35518
to the expiration date of the registration shall request an	35519
application for registration from the registrar or a deputy	35520
registrar and sign the application manually or by electronic means	35521
and submit the application and pay any applicable license taxes	35522
and fees to the registrar or deputy registrar.	35523

(2) If the owner of a motor vehicle submits an application	35524
for registration and the registrar is prohibited by division (D)	35525
of section 2935.27, division (A) of section 2937.221, division (A)	35526
of section 4503.13, division (B) of section 4510.22, or division	35527
(B)(1) of section 4521.10 of the Revised Code from accepting the	35528
application, the registrar shall return the application and the	35529
payment to the owner. If the owner of a motor vehicle submits a	35530
registration renewal application to the registrar by electronic	35531
means and the registrar is prohibited from accepting the	35532
application as provided in this division, the registrar shall	35533
notify the owner of this fact and deny the application and return	35534
the payment or give a credit on the financial transaction device	35535
account of the owner in the manner the registrar prescribes by	35536
rule adopted pursuant to division (A) of this section.	35537

(F) Every deputy registrar shall post in a prominent place at	35538
the deputy's office a notice informing the public of the mail	35539
registration system required by this section and also shall post a	35540
notice that every owner of a motor vehicle and every chauffeur	35541
holding a certificate of registration is required to notify the	35542
registrar in writing of any change of residence within ten days	35543
after the change occurs. The notice shall be in such form as the	35544
registrar prescribes by rule.	35545

(G) The two dollars and seventy-five cents fee collected from	35546
July 1, 2001, through December 31, 2002, the three dollars and	35547
twenty-five cents fee collected from January 1, 2003, through	35548
December 31, 2003, and the three dollars and fifty cents fee	35549
collected after January 1, 2004, plus postage and any financial	35550
transaction device surcharge collected by the registrar for	35551
registration by mail, shall be paid to the credit of the state	35552
bureau of motor vehicles fund established by section 4501.25 of	35553
the Revised Code.	35554

(H)(1) Pursuant to section 113.40 of the Revised Code, the	35555
registrar may implement a program permitting payment of motor	35556
vehicle registration taxes and fees, driver's license and	35557
commercial driver's license fees, and any other taxes, fees,	35558
penalties, or charges imposed or levied by the state by means of a	35559
financial transaction device. The registrar may adopt rules as	35560
necessary for this purpose.	35561

(2) Commencing with deputy registrar contract awards that	35562
have a start date of July 1, 2008, and for all contract awards	35563
thereafter, the registrar shall incorporate in the review process	35564
a score for whether or not a proposer states that the proposer	35565
will accept payment by means of a financial transaction device,	35566
including credit cards and debit cards, for all department of	35567
public safety transactions conducted at that deputy registrar	35568
location.	35569

A deputy registrar shall not be required to accept payment by	35570
means of a financial transaction device unless the deputy	35571
registrar agreed to do so in the deputy registrar's contract. The	35572
bureau shall not be required to pay any costs incurred by a deputy	35573
registrar who accepts payment by means of a financial transaction	35574
device that result from the deputy registrar accepting payment by	35575
means of a financial transaction device.	35576

(I) For persons who reside in counties where tailpipe	35577
emissions inspections are required under the motor vehicle	35578
inspection and maintenance program, the notice required by	35579
division (B) of this section shall also include the toll-free	35580
telephone number maintained by the Ohio environmental protection	35581
agency to provide information concerning the locations of	35582
emissions testing centers.	35583

Sec. 4503.35. (A) The motor vehicles furnished by the state	35584
for use by the elective state officials, and motor vehicles owned	35585
and operated by political subdivisions of the state, are exempt	35586
from section 4503.23 of the Revised Code.	35587

(B) The ~~motor~~following vehicles are exempt from section	35588
4503.23 of the Revised Code:	35589

(1) Motor vehicles operated by troopers of the state highway	35590
patrol~~, and motor~~;	35591

(2) Motor vehicles operated by or on behalf of any person	35592
whose responsibilities include involvement in authorized civil or	35593
criminal investigations requiring that the presence and identity	35594
of the vehicle occupants be undisclosed~~, are exempt from section~~	35595
~~4503.23 of the Revised Code~~;	35596

(3) Motor vehicles used to assist crime victims when a state	35597
agency determines that the situation warrants it.	35598

Sec. 4505.06. (A)(1) Application for a certificate of title	35599
shall be made in a form prescribed by the registrar of motor	35600
vehicles and shall be sworn to before a notary public or other	35601
officer empowered to administer oaths. The application shall be	35602
filed with the clerk of any court of common pleas. An application	35603
for a certificate of title may be filed electronically by any	35604
electronic means approved by the registrar in any county with the	35605
clerk of the court of common pleas of that county. Any payments	35606
required by this chapter shall be considered as accompanying any	35607
electronically transmitted application when payment actually is	35608
received by the clerk. Payment of any fee or taxes may be made by	35609
electronic transfer of funds.	35610

(2) The application for a certificate of title shall be	35611
accompanied by the fee prescribed in section 4505.09 of the	35612
Revised Code. The fee shall be retained by the clerk who issues	35613
the certificate of title and shall be distributed in accordance	35614
with that section. If a clerk of a court of common pleas, other	35615
than the clerk of the court of common pleas of an applicant's	35616
county of residence, issues a certificate of title to the	35617
applicant, the clerk shall transmit data related to the	35618
transaction to the automated title processing system.	35619

(3) If a certificate of title previously has been issued for	35620
a motor vehicle in this state, the application for a certificate	35621
of title also shall be accompanied by that certificate of title	35622
duly assigned, unless otherwise provided in this chapter. If a	35623
certificate of title previously has not been issued for the motor	35624
vehicle in this state, the application, unless otherwise provided	35625
in this chapter, shall be accompanied by a manufacturer's or	35626
importer's certificate or by a certificate of title of another	35627
state from which the motor vehicle was brought into this state. If	35628
the application refers to a motor vehicle last previously	35629
registered in another state, the application also shall be	35630
accompanied by the physical inspection certificate required by	35631
section 4505.061 of the Revised Code. If the application is made	35632
by two persons regarding a motor vehicle in which they wish to	35633
establish joint ownership with right of survivorship, they may do	35634
so as provided in section 2131.12 of the Revised Code. If the	35635
applicant requests a designation of the motor vehicle in	35636
beneficiary form so that upon the death of the owner of the motor	35637
vehicle, ownership of the motor vehicle will pass to a designated	35638
transfer-on-death beneficiary or beneficiaries, the applicant may	35639
do so as provided in section 2131.13 of the Revised Code. A person	35640
who establishes ownership of a motor vehicle that is transferable	35641
on death in accordance with section 2131.13 of the Revised Code	35642
may terminate that type of ownership or change the designation of	35643
the transfer-on-death beneficiary or beneficiaries by applying for	35644
a certificate of title pursuant to this section. The clerk shall	35645
retain the evidence of title presented by the applicant and on	35646
which the certificate of title is issued, except that, if an	35647
application for a certificate of title is filed electronically by	35648
an electronic motor vehicle dealer on behalf of the purchaser of a	35649
motor vehicle, the clerk shall retain the completed electronic	35650
record to which the dealer converted the certificate of title	35651
application and other required documents. The registrar, after	35652
consultation with the attorney general, shall adopt rules that	35653
govern the location at which, and the manner in which, are stored	35654
the actual application and all other documents relating to the	35655
sale of a motor vehicle when an electronic motor vehicle dealer	35656
files the application for a certificate of title electronically on	35657
behalf of the purchaser.	35658

The clerk shall use reasonable diligence in ascertaining	35659
whether or not the facts in the application for a certificate of	35660
title are true by checking the application and documents	35661
accompanying it or the electronic record to which a dealer	35662
converted the application and accompanying documents with the	35663
records of motor vehicles in the clerk's office. If the clerk is	35664
satisfied that the applicant is the owner of the motor vehicle and	35665
that the application is in the proper form, the clerk, within five	35666
business days after the application is filed and except as	35667
provided in section 4505.021 of the Revised Code, shall issue a	35668
physical certificate of title over the clerk's signature and	35669
sealed with the clerk's seal, unless the applicant specifically	35670
requests the clerk not to issue a physical certificate of title	35671
and instead to issue an electronic certificate of title. For	35672
purposes of the transfer of a certificate of title, if the clerk	35673
is satisfied that the secured party has duly discharged a lien	35674
notation but has not canceled the lien notation with a clerk, the	35675
clerk may cancel the lien notation on the automated title	35676
processing system and notify the clerk of the county of origin.	35677

(4) In the case of the sale of a motor vehicle to a general	35678
buyer or user by a dealer, by a motor vehicle leasing dealer	35679
selling the motor vehicle to the lessee or, in a case in which the	35680
leasing dealer subleased the motor vehicle, the sublessee, at the	35681
end of the lease agreement or sublease agreement, or by a	35682
manufactured home broker, the certificate of title shall be	35683
obtained in the name of the buyer by the dealer, leasing dealer,	35684
or manufactured home broker, as the case may be, upon application	35685
signed by the buyer. The certificate of title shall be issued, or	35686
the process of entering the certificate of title application	35687
information into the automated title processing system if a	35688
physical certificate of title is not to be issued shall be	35689
completed, within five business days after the application for	35690
title is filed with the clerk. If the buyer of the motor vehicle	35691
previously leased the motor vehicle and is buying the motor	35692
vehicle at the end of the lease pursuant to that lease, the	35693
certificate of title shall be obtained in the name of the buyer by	35694
the motor vehicle leasing dealer who previously leased the motor	35695
vehicle to the buyer or by the motor vehicle leasing dealer who	35696
subleased the motor vehicle to the buyer under a sublease	35697
agreement.	35698

In all other cases, except as provided in section 4505.032	35699
and division (D)(2) of section 4505.11 of the Revised Code, such	35700
certificates shall be obtained by the buyer.	35701

(5)(a)(i) If the certificate of title is being obtained in	35702
the name of the buyer by a motor vehicle dealer or motor vehicle	35703
leasing dealer and there is a security interest to be noted on the	35704
certificate of title, the dealer or leasing dealer shall submit	35705
the application for the certificate of title and payment of the	35706
applicable tax to a clerk within seven business days after the	35707
later of the delivery of the motor vehicle to the buyer or the	35708
date the dealer or leasing dealer obtains the manufacturer's or	35709
importer's certificate, or certificate of title issued in the name	35710
of the dealer or leasing dealer, for the motor vehicle. Submission	35711
of the application for the certificate of title and payment of the	35712
applicable tax within the required seven business days may be	35713
indicated by postmark or receipt by a clerk within that period.	35714

(ii) Upon receipt of the certificate of title with the	35715
security interest noted on its face, the dealer or leasing dealer	35716
shall forward the certificate of title to the secured party at the	35717
location noted in the financing documents or otherwise specified	35718
by the secured party.	35719

(iii) A motor vehicle dealer or motor vehicle leasing dealer	35720
is liable to a secured party for a late fee of ten dollars per day	35721
for each certificate of title application and payment of the	35722
applicable tax that is submitted to a clerk more than seven	35723
business days but less than twenty-one days after the later of the	35724
delivery of the motor vehicle to the buyer or the date the dealer	35725
or leasing dealer obtains the manufacturer's or importer's	35726
certificate, or certificate of title issued in the name of the	35727
dealer or leasing dealer, for the motor vehicle and, from then on,	35728
twenty-five dollars per day until the application and applicable	35729
tax are submitted to a clerk.	35730

(b) In all cases of transfer of a motor vehicle, the	35731
application for certificate of title shall be filed within thirty	35732
days after the assignment or delivery of the motor vehicle. If an	35733
application for a certificate of title is not filed within the	35734
period specified in division (A)(5)(b) of this section, the clerk	35735
shall collect a fee of five dollars for the issuance of the	35736
certificate, except that no such fee shall be required from a	35737
motor vehicle salvage dealer, as defined in division (A) of	35738
section 4738.01 of the Revised Code, who immediately surrenders	35739
the certificate of title for cancellation. The fee shall be in	35740
addition to all other fees established by this chapter, and shall	35741
be retained by the clerk. The registrar shall provide, on the	35742
certificate of title form prescribed by section 4505.07 of the	35743
Revised Code, language necessary to give evidence of the date on	35744
which the assignment or delivery of the motor vehicle was made.	35745

(6) As used in division (A) of this section, "lease	35746
agreement," "lessee," and "sublease agreement" have the same	35747
meanings as in section 4505.04 of the Revised Code.	35748

(B)(1) The clerk, except as provided in this section, shall	35749
refuse to accept for filing any application for a certificate of	35750
title and shall refuse to issue a certificate of title unless the	35751
dealer or manufactured home broker or the applicant, in cases in	35752
which the certificate shall be obtained by the buyer, submits with	35753
the application payment of the tax levied by or pursuant to	35754
Chapters 5739. and 5741. of the Revised Code based on the	35755
purchaser's county of residence. Upon payment of the tax in	35756
accordance with division (E) of this section, the clerk shall	35757
issue a receipt prescribed by the registrar and agreed upon by the	35758
tax commissioner showing payment of the tax or a receipt issued by	35759
the commissioner showing the payment of the tax. When submitting	35760
payment of the tax to the clerk, a dealer shall retain any	35761
discount to which the dealer is entitled under section 5739.12 of	35762
the Revised Code.	35763

(2) For receiving and disbursing such taxes paid to the clerk	35764
by a resident of the clerk's county, the clerk may retain a	35765
poundage fee of one and one one-hundredth per cent, and the clerk	35766
shall pay the poundage fee into the certificate of title	35767
administration fund created by section 325.33 of the Revised Code.	35768
The clerk shall not retain a poundage fee from payments of taxes	35769
by persons who do not reside in the clerk's county.	35770

A clerk, however, may retain from the taxes paid to the clerk	35771
an amount equal to the poundage fees associated with certificates	35772
of title issued by other clerks of courts of common pleas to	35773
applicants who reside in the first clerk's county. The registrar,	35774
in consultation with the tax commissioner and the clerks of the	35775
courts of common pleas, shall develop a report from the automated	35776
title processing system that informs each clerk of the amount of	35777
the poundage fees that the clerk is permitted to retain from those	35778
taxes because of certificates of title issued by the clerks of	35779
other counties to applicants who reside in the first clerk's	35780
county.	35781

(3) In the case of casual sales of motor vehicles, as defined	35782
in section 4517.01 of the Revised Code, the price for the purpose	35783
of determining the tax shall be the purchase price on the assigned	35784
certificate of title executed by the seller and filed with the	35785
clerk by the buyer on a form to be prescribed by the registrar,	35786
which shall be prima-facie evidence of the amount for the	35787
determination of the tax.	35788

(4) Each county clerk shall forward to the treasurer of state	35789
all sales and use tax collections resulting from sales of motor	35790
vehicles, off-highway motorcycles, and all-purpose vehicles during	35791
a calendar week on or before the Friday following the close of	35792
that week. If, on any Friday, the offices of the clerk of courts	35793
or the state are not open for business, the tax shall be forwarded	35794
to the treasurer of state on or before the next day on which the	35795
offices are open. Every remittance of tax under division (B)(4) of	35796
this section shall be accompanied by a remittance report in such	35797
form as the tax commissioner prescribes. Upon receipt of a tax	35798
remittance and remittance report, the treasurer of state shall	35799
date stamp the report and forward it to the tax commissioner. If	35800
the tax due for any week is not remitted by a clerk of courts as	35801
required under division (B)(4) of this section, the commissioner	35802
may require the clerk to forfeit the poundage fees for the sales	35803
made during that week. The treasurer of state may require the	35804
clerks of courts to transmit tax collections and remittance	35805
reports electronically.	35806

(C)(1) If the transferor indicates on the certificate of	35807
title that the odometer reflects mileage in excess of the designed	35808
mechanical limit of the odometer, the clerk shall enter the phrase	35809
"exceeds mechanical limits" following the mileage designation. If	35810
the transferor indicates on the certificate of title that the	35811
odometer reading is not the actual mileage, the clerk shall enter	35812
the phrase "nonactual: warning - odometer discrepancy" following	35813
the mileage designation. The clerk shall use reasonable care in	35814
transferring the information supplied by the transferor, but is	35815
not liable for any errors or omissions of the clerk or those of	35816
the clerk's deputies in the performance of the clerk's duties	35817
created by this chapter.	35818

The registrar shall prescribe an affidavit in which the	35819
transferor shall swear to the true selling price and, except as	35820
provided in this division, the true odometer reading of the motor	35821
vehicle. The registrar may prescribe an affidavit in which the	35822
seller and buyer provide information pertaining to the odometer	35823
reading of the motor vehicle in addition to that required by this	35824
section, as such information may be required by the United States	35825
secretary of transportation by rule prescribed under authority of	35826
subchapter IV of the "Motor Vehicle Information and Cost Savings	35827
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	35828

(2) Division (C)(1) of this section does not require the	35829
giving of information concerning the odometer and odometer reading	35830
of a motor vehicle when ownership of a motor vehicle is being	35831
transferred as a result of a bequest, under the laws of intestate	35832
succession, to a survivor pursuant to section 2106.18, 2131.12, or	35833
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	35834
beneficiaries pursuant to section 2131.13 of the Revised Code, in	35835
connection with the creation of a security interest or for a	35836
vehicle with a gross vehicle weight rating of more than sixteen	35837
thousand pounds.	35838

(D) When the transfer to the applicant was made in some other	35839
state or in interstate commerce, the clerk, except as provided in	35840
this section, shall refuse to issue any certificate of title	35841
unless the tax imposed by or pursuant to Chapter 5741. of the	35842
Revised Code based on the purchaser's county of residence has been	35843
paid as evidenced by a receipt issued by the tax commissioner, or	35844
unless the applicant submits with the application payment of the	35845
tax. Upon payment of the tax in accordance with division (E) of	35846
this section, the clerk shall issue a receipt prescribed by the	35847
registrar and agreed upon by the tax commissioner, showing payment	35848
of the tax.	35849

For receiving and disbursing such taxes paid to the clerk by	35850
a resident of the clerk's county, the clerk may retain a poundage	35851
fee of one and one one-hundredth per cent. The clerk shall not	35852
retain a poundage fee from payments of taxes by persons who do not	35853
reside in the clerk's county.	35854

A clerk, however, may retain from the taxes paid to the clerk	35855
an amount equal to the poundage fees associated with certificates	35856
of title issued by other clerks of courts of common pleas to	35857
applicants who reside in the first clerk's county. The registrar,	35858
in consultation with the tax commissioner and the clerks of the	35859
courts of common pleas, shall develop a report from the automated	35860
title processing system that informs each clerk of the amount of	35861
the poundage fees that the clerk is permitted to retain from those	35862
taxes because of certificates of title issued by the clerks of	35863
other counties to applicants who reside in the first clerk's	35864
county.	35865

When the vendor is not regularly engaged in the business of	35866
selling motor vehicles, the vendor shall not be required to	35867
purchase a vendor's license or make reports concerning those	35868
sales.	35869

(E) The clerk shall accept any payment of a tax in cash, or	35870
by cashier's check, certified check, draft, money order, or teller	35871
check issued by any insured financial institution payable to the	35872
clerk and submitted with an application for a certificate of title	35873
under division (B) or (D) of this section. The clerk also may	35874
accept payment of the tax by corporate, business, or personal	35875
check, credit card, electronic transfer or wire transfer, debit	35876
card, or any other accepted form of payment made payable to the	35877
clerk. The clerk may require bonds, guarantees, or letters of	35878
credit to ensure the collection of corporate, business, or	35879
personal checks. Any service fee charged by a third party to a	35880
clerk for the use of any form of payment may be paid by the clerk	35881
from the certificate of title administration fund created in	35882
section 325.33 of the Revised Code, or may be assessed by the	35883
clerk upon the applicant as an additional fee. Upon collection,	35884
the additional fees shall be paid by the clerk into that	35885
certificate of title administration fund.	35886

The clerk shall make a good faith effort to collect any	35887
payment of taxes due but not made because the payment was returned	35888
or dishonored, but the clerk is not personally liable for the	35889
payment of uncollected taxes or uncollected fees. The clerk shall	35890
notify the tax commissioner of any such payment of taxes that is	35891
due but not made and shall furnish the information to the	35892
commissioner that the commissioner requires. The clerk shall	35893
deduct the amount of taxes due but not paid from the clerk's	35894
periodic remittance of tax payments, in accordance with procedures	35895
agreed upon by the tax commissioner. The commissioner may collect	35896
taxes due by assessment in the manner provided in section 5739.13	35897
of the Revised Code.	35898

Any person who presents payment that is returned or	35899
dishonored for any reason is liable to the clerk for payment of a	35900
penalty over and above the amount of the taxes due. The clerk	35901
shall determine the amount of the penalty, and the penalty shall	35902
be no greater than that amount necessary to compensate the clerk	35903
for banking charges, legal fees, or other expenses incurred by the	35904
clerk in collecting the returned or dishonored payment. The	35905
remedies and procedures provided in this section are in addition	35906
to any other available civil or criminal remedies. Subsequently	35907
collected penalties, poundage fees, and title fees, less any title	35908
fee due the state, from returned or dishonored payments collected	35909
by the clerk shall be paid into the certificate of title	35910
administration fund. Subsequently collected taxes, less poundage	35911
fees, shall be sent by the clerk to the treasurer of state at the	35912
next scheduled periodic remittance of tax payments, with	35913
information as the commissioner may require. The clerk may abate	35914
all or any part of any penalty assessed under this division.	35915

(F) In the following cases, the clerk shall accept for filing	35916
an application and shall issue a certificate of title without	35917
requiring payment or evidence of payment of the tax:	35918

(1) When the purchaser is this state or any of its political	35919
subdivisions, a church, or an organization whose purchases are	35920
exempted by section 5739.02 of the Revised Code;	35921

(2) When the transaction in this state is not a retail sale	35922
as defined by section 5739.01 of the Revised Code;	35923

(3) When the purchase is outside this state or in interstate	35924
commerce and the purpose of the purchaser is not to use, store, or	35925
consume within the meaning of section 5741.01 of the Revised Code;	35926

(4) When the purchaser is the federal government;

35927

(5) When the motor vehicle was purchased outside this state	35928
for use outside this state;	35929

(6) When the motor vehicle is purchased by a nonresident of	35930
~~this state for immediate removal from this state, and will be~~	35931
~~permanently titled and registered in another state, as provided by~~	35932
~~division (B)(23) of section 5739.02~~under the circumstances	35933
described in division (B)(1) of section 5739.029 of the Revised	35934
Code, and upon presentation of a copy of the affidavit provided by	35935
that section, and a copy of the exemption certificate provided by	35936
section 5739.03 of the Revised Code.	35937

(G) An application, as prescribed by the registrar and agreed	35938
to by the tax commissioner, shall be filled out and sworn to by	35939
the buyer of a motor vehicle in a casual sale. The application	35940
shall contain the following notice in bold lettering: "WARNING TO	35941
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	35942
law to state the true selling price. A false statement is in	35943
violation of section 2921.13 of the Revised Code and is punishable	35944
by six months' imprisonment or a fine of up to one thousand	35945
dollars, or both. All transfers are audited by the department of	35946
taxation. The seller and buyer must provide any information	35947
requested by the department of taxation. The buyer may be assessed	35948
any additional tax found to be due."	35949

(H) For sales of manufactured homes or mobile homes occurring	35950
on or after January 1, 2000, the clerk shall accept for filing,	35951
pursuant to Chapter 5739. of the Revised Code, an application for	35952
a certificate of title for a manufactured home or mobile home	35953
without requiring payment of any tax pursuant to section 5739.02,	35954
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	35955
issued by the tax commissioner showing payment of the tax. For	35956
sales of manufactured homes or mobile homes occurring on or after	35957
January 1, 2000, the applicant shall pay to the clerk an	35958
additional fee of five dollars for each certificate of title	35959
issued by the clerk for a manufactured or mobile home pursuant to	35960
division (H) of section 4505.11 of the Revised Code and for each	35961
certificate of title issued upon transfer of ownership of the	35962
home. The clerk shall credit the fee to the county certificate of	35963
title administration fund, and the fee shall be used to pay the	35964
expenses of archiving those certificates pursuant to division (A)	35965
of section 4505.08 and division (H)(3) of section 4505.11 of the	35966
Revised Code. The tax commissioner shall administer any tax on a	35967
manufactured or mobile home pursuant to Chapters 5739. and 5741.	35968
of the Revised Code.	35969

(I) Every clerk shall have the capability to transact by	35970
electronic means all procedures and transactions relating to the	35971
issuance of motor vehicle certificates of title that are described	35972
in the Revised Code as being accomplished by electronic means.	35973

Sec. 4511.101. (A) The director of transportation, in	35974
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,	35975
shall establish a program for the placement of business logos for	35976
identification purposes on state directional signs within the	35977
rights-of-way of divided, multi-lane, limited access highways in	35978
both rural and urban areas.	35979

(B) All direct and indirect costs of the business logo sign	35980
program established pursuant to this section shall be fully paid	35981
by the businesses applying for participation in the program. At	35982
any interchange where a business logo sign is erected, such costs	35983
shall be divided equally among the participating businesses. The	35984
direct and indirect costs of the program shall include, but not be	35985
limited to, the cost of capital, directional signs, blanks, posts,	35986
logos, installation, repair, engineering, design, insurance,	35987
removal, replacement, and administration. Nothing in this chapter	35988
shall be construed to prohibit the director from establishing such	35989
a program.	35990

(C) The director, in accordance with rules adopted pursuant	35991
to Chapter 119. of the Revised Code, may contract with any private	35992
person to operate, maintain, and market the business logo sign	35993
program. The rules shall describe the terms of the contract, and	35994
shall allow for a reasonable profit to be earned by the successful	35995
applicant. In awarding the contract, the director shall consider	35996
the skill, expertise, prior experience, and other qualifications	35997
of each applicant.	35998

(D) As used in this section, "urban area" means an area	35999
having a population of fifty thousand or more according to the	36000
most recent federal census and designated as such on urban maps	36001
prepared by the department.	36002

(E) Neither the department nor the director shall do either	36003
of the following:	36004

(1) Limit the right of any person to erect, maintain, repair,	36005
remove, or utilize any off-premises or on-premises advertising	36006
device;	36007

(2) Make participation in the business logo sign program	36008
conditional upon a business agreeing to limit, discontinue,	36009
withdraw, modify, alter, or change any advertising or sign.	36010

(F) The program shall permit the business logo signs of a	36011
seller of motor vehicle fuel to include on the seller's signs a	36012
marking or symbol indicating that the seller sells one or more	36013
types of alternative fuel so long as the seller in fact sells that	36014
fuel.	36015

As used in this division, "alternative fuel" has the same	36016
meaning as in section 125.831 of the Revised Code.	36017

(G) The program shall permit the business logo signs of	36018
retail pharmacies open to the public if the business satisfies all	36019
of the following:	36020

(1) Operates continuously for twenty-four hours per day,	36021
seven days per week;	36022

(2) Has a pharmacist licensed under Chapter 4729. of the	36023
Revised Code on duty at all times;	36024

(3) Is located within three miles of an interchange of a	36025
divided, multi-lane, limited access highway;	36026

(4) Is directly accessible by the public.

36027

Sec. 4513.263. (A) As used in this section and in section	36028
4513.99 of the Revised Code:	36029

(1) "Automobile" means any commercial tractor, passenger car,	36030
commercial car, or truck that is required to be factory-equipped	36031
with an occupant restraining device for the operator or any	36032
passenger by regulations adopted by the United States secretary of	36033
transportation pursuant to the "National Traffic and Motor Vehicle	36034
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	36035

(2) "Occupant restraining device" means a seat safety belt,	36036
shoulder belt, harness, or other safety device for restraining a	36037
person who is an operator of or passenger in an automobile and	36038
that satisfies the minimum federal vehicle safety standards	36039
established by the United States department of transportation.	36040

(3) "Passenger" means any person in an automobile, other than	36041
its operator, who is occupying a seating position for which an	36042
occupant restraining device is provided.	36043

(4) "Commercial tractor," "passenger car," and "commercial	36044
car" have the same meanings as in section 4501.01 of the Revised	36045
Code.	36046

(5) "Vehicle" and "motor vehicle," as used in the definitions	36047
of the terms set forth in division (A)(4) of this section, have	36048
the same meanings as in section 4511.01 of the Revised Code.	36049

(6) "Tort action" means a civil action for damages for	36050
injury, death, or loss to person or property. "Tort action"	36051
includes a product liability claim, as defined in section 2307.71	36052
of the Revised Code, and an asbestos claim, as defined in section	36053
2307.91 of the Revised Code, but does not include a civil action	36054
for damages for breach of contract or another agreement between	36055
persons.	36056

(B) No person shall do any of the following:

36057

(1) Operate an automobile on any street or highway unless	36058
that person is wearing all of the available elements of a properly	36059
adjusted occupant restraining device, or operate a school bus that	36060
has an occupant restraining device installed for use in its	36061
operator's seat unless that person is wearing all of the available	36062
elements of the device, as properly adjusted;	36063

(2) Operate an automobile on any street or highway unless	36064
each passenger in the automobile who is subject to the requirement	36065
set forth in division (B)(3) of this section is wearing all of the	36066
available elements of a properly adjusted occupant restraining	36067
device;	36068

(3) Occupy, as a passenger, a seating position on the front	36069
seat of an automobile being operated on any street or highway	36070
unless that person is wearing all of the available elements of a	36071
properly adjusted occupant restraining device;	36072

(4) Operate a taxicab on any street or highway unless all	36073
factory-equipped occupant restraining devices in the taxicab are	36074
maintained in usable form.	36075

(C) Division (B)(3) of this section does not apply to a	36076
person who is required by section 4511.81 of the Revised Code to	36077
be secured in a child restraint device. Division (B)(1) of this	36078
section does not apply to a person who is an employee of the	36079
United States postal service or of a newspaper home delivery	36080
service, during any period in which the person is engaged in the	36081
operation of an automobile to deliver mail or newspapers to	36082
addressees. Divisions (B)(1) and (3) of this section do not apply	36083
to a person who has an affidavit signed by a physician licensed to	36084
practice in this state under Chapter 4731. of the Revised Code or	36085
a chiropractor licensed to practice in this state under Chapter	36086
4734. of the Revised Code that states that the person has a	36087
physical impairment that makes use of an occupant restraining	36088
device impossible or impractical.	36089

(D) Notwithstanding any provision of law to the contrary, no	36090
law enforcement officer shall cause an operator of an automobile	36091
being operated on any street or highway to stop the automobile for	36092
the sole purpose of determining whether a violation of division	36093
(B) of this section has been or is being committed or for the sole	36094
purpose of issuing a ticket, citation, or summons for a violation	36095
of that nature or causing the arrest of or commencing a	36096
prosecution of a person for a violation of that nature, and no law	36097
enforcement officer shall view the interior or visually inspect	36098
any automobile being operated on any street or highway for the	36099
sole purpose of determining whether a violation of that nature has	36100
been or is being committed.	36101

(E) All fines collected for violations of division (B) of	36102
this section, or for violations of any ordinance or resolution of	36103
a political subdivision that is substantively comparable to that	36104
division, shall be forwarded to the treasurer of state for deposit	36105
as follows:	36106

(1) Eight per cent shall be deposited into the seat belt	36107
education fund, which is hereby created in the state treasury, and	36108
shall be used by the department of public safety to establish a	36109
seat belt education program.	36110

(2) Eight per cent shall be deposited into the elementary	36111
school program fund, which is hereby created in the state	36112
treasury, and shall be used by the department of public safety to	36113
establish and administer elementary school programs that encourage	36114
seat safety belt use.	36115

(3) Two per cent shall be deposited into the ~~Ohio medical~~	36116
~~transportation trust~~occupational licensing and regulatory fund	36117
created by section ~~4766.05~~4743.05 of the Revised Code.	36118

(4) Twenty-eight per cent shall be deposited into the trauma	36119
and emergency medical services fund, which is hereby created in	36120
the state treasury, and shall be used by the department of public	36121
safety for the administration of the division of emergency medical	36122
services and the state board of emergency medical services.	36123

(5) Fifty-four per cent shall be deposited into the trauma	36124
and emergency medical services grants fund, which is hereby	36125
created in the state treasury, and shall be used by the state	36126
board of emergency medical services to make grants, in accordance	36127
with section 4765.07 of the Revised Code and rules the board	36128
adopts under section 4765.11 of the Revised Code.	36129

(F)(1) Subject to division (F)(2) of this section, the	36130
failure of a person to wear all of the available elements of a	36131
properly adjusted occupant restraining device in violation of	36132
division (B)(1) or (3) of this section or the failure of a person	36133
to ensure that each minor who is a passenger of an automobile	36134
being operated by that person is wearing all of the available	36135
elements of a properly adjusted occupant restraining device in	36136
violation of division (B)(2) of this section shall not be	36137
considered or used by the trier of fact in a tort action as	36138
evidence of negligence or contributory negligence. But, the trier	36139
of fact may determine based on evidence admitted consistent with	36140
the Ohio ~~rules~~Rules of ~~evidence~~Evidence that the failure	36141
contributed to the harm alleged in the tort action and may	36142
diminish a recovery of compensatory damages that represents	36143
noneconomic loss, as defined in section 2307.011 of the Revised	36144
Code, in a tort action that could have been recovered but for the	36145
plaintiff's failure to wear all of the available elements of a	36146
properly adjusted occupant restraining device. Evidence of that	36147
failure shall not be used as a basis for a criminal prosecution of	36148
the person other than a prosecution for a violation of this	36149
section; and shall not be admissible as evidence in a criminal	36150
action involving the person other than a prosecution for a	36151
violation of this section.	36152

(2) If, at the time of an accident involving a passenger car	36153
equipped with occupant restraining devices, any occupant of the	36154
passenger car who sustained injury or death was not wearing an	36155
available occupant restraining device, was not wearing all of the	36156
available elements of such a device, or was not wearing such a	36157
device as properly adjusted, then, consistent with the Rules of	36158
Evidence, the fact that the occupant was not wearing the available	36159
occupant restraining device, was not wearing all of the available	36160
elements of such a device, or was not wearing such a device as	36161
properly adjusted is admissible in evidence in relation to any	36162
claim for relief in a tort action to the extent that the claim for	36163
relief satisfies all of the following:	36164

(a) It seeks to recover damages for injury or death to the	36165
occupant.	36166

(b) The defendant in question is the manufacturer, designer,	36167
distributor, or seller of the passenger car.	36168

(c) The claim for relief against the defendant in question is	36169
that the injury or death sustained by the occupant was enhanced or	36170
aggravated by some design defect in the passenger car or that the	36171
passenger car was not crashworthy.	36172

(G)(1) Whoever violates division (B)(1) of this section shall	36173
be fined thirty dollars.	36174

(2) Whoever violates division (B)(3) of this section shall be	36175
fined twenty dollars.	36176

(3) Except as otherwise provided in this division, whoever	36177
violates division (B)(4) of this section is guilty of a minor	36178
misdemeanor. If the offender previously has been convicted of or	36179
pleaded guilty to a violation of division (B)(4) of this section,	36180
whoever violates division (B)(4) of this section is guilty of a	36181
misdemeanor of the third degree.	36182

Sec. 4513.35. (A) All fines collected under sections 4511.01	36183
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code	36184
shall be paid into the county treasury and, with the exception of	36185
that portion distributed under section 3375.53 of the Revised	36186
Code, shall be placed to the credit of the fund for the	36187
maintenance and repair of the highways within that county, except	36188
that:	36189

(1) All fines for violations of division (B) of section	36190
4513.263 shall be delivered to the treasurer of state as provided	36191
in division (E) of section 4513.263 of the Revised Code.	36192

(2) All fines collected from, or moneys arising from bonds	36193
forfeited by, persons apprehended or arrested by state highway	36194
patrolmen shall be distributed as provided in section 5503.04 of	36195
the Revised Code.	36196

(3)(a) Subject to division (E) of section 4513.263 of the	36197
Revised Code and except as otherwise provided in division	36198
(A)(3)(b) of this section, one-half of all fines collected from,	36199
and one-half of all moneys arising from bonds forfeited by,	36200
persons apprehended or arrested by a township constable or other	36201
township police officer shall be paid to the township treasury to	36202
be placed to the credit of the general fund.	36203

(b) All fines collected from, and all moneys arising from	36204
bonds forfeited by, persons apprehended or arrested by a township	36205
constable or other township police officer pursuant to division	36206
(B)(2) of section 4513.39 of the Revised Code for a violation of	36207
section 4511.21 of the Revised Code or any other law, ordinance,	36208
or regulation pertaining to speed that occurred on a highway	36209
included as part of the interstate system, as defined in section	36210
5516.01 of the Revised Code, shall be paid into the county	36211
treasury and be credited as provided in the first paragraph of	36212
this section.	36213

(B) Notwithstanding any other provision of this section or of	36214
any other section of the Revised Code:	36215

(1) All fines collected from, and all moneys arising from	36216
bonds forfeited by, persons arrested under division (E)(1) or (2)	36217
of section 2935.03 of the Revised Code are deemed to be collected,	36218
and to arise, from arrests made within the jurisdiction in which	36219
the arresting officer is appointed, elected, or employed, for	36220
violations of one of the sections or chapters of the Revised Code	36221
listed in division (E)(1) of that section and shall be distributed	36222
accordingly.	36223

(2) All fines collected from, and all moneys arising from	36224
bonds forfeited by, persons arrested under division (E)(3) of	36225
section 2935.03 of the Revised Code are deemed to be collected,	36226
and to arise, from arrests made within the jurisdiction in which	36227
the arresting officer is appointed, elected, or employed, for	36228
violations of municipal ordinances that are substantially	36229
equivalent to one of the sections or one of the provisions of one	36230
of the chapters of the Revised Code listed in division (E)(1) of	36231
that section and for violations of one of the sections or one of	36232
the provisions of one of the chapters of the Revised Code listed	36233
in division (E)(1) of that section, and shall be distributed	36234
accordingly.	36235

Sec. 4703.071. (A) The state board of examiners of	36236
architects shall establish and maintain and administer an	36237
architecture education assistance program to pay applicant	36238
enrollment fees for the internship program required of applicants	36239
by section 4703.07 of the Revised Code.	36240

(B) The board shall adopt rules in accordance with Chapter	36241
119. of the Revised Code to establish all of the following:	36242

(1) Applicant eligibility criteria for receipt of internship	36243
program enrollment fees, which must include a requirement that	36244
applicants be enrolled in an architecture education program at an	36245
institution within the state that has been approved by the board	36246
and accredited by the national architectural accrediting board,	36247
and may include a requirement that the applicant has completed a	36248
minimum amount of course work in the program as prescribed by the	36249
state board by rule;	36250

(2) Application procedures for payment of internship program	36251
enrollment fees;	36252

(3) The maximum amount of internship program enrollment fees	36253
that may be provided by the architecture education assistance	36254
program to an applicant;	36255

(4) The total amount of internship program enrollment fees	36256
that may be disbursed by the architecture education assistance	36257
program in any given fiscal year;	36258

(5) The means by which other matters incidental to the	36259
operation of the program may be approved, including the means to	36260
authorize necessary expenses for the operation of the architecture	36261
education assistance program.	36262

(C) The receipt of internship program enrollment fees under	36263
this section shall not affect a student's eligibility for any	36264
other assistance, or the amount of that assistance.	36265

Sec. 4715.251. Each person licensed to practice as a dental	36266
hygienist and required to register with the state dental board	36267
shall, each time hethe person applies for renewal of registration	36268
beginning in 1995, be currently certified to perform basic	36269
life-support procedures by having successfully completed a basic	36270
life-support training course certified by ~~either~~ the American red	36271
cross or, the American heart association, or, if determined	36272
equivalent by the board, the American safety and health institute.	36273
An applicant for renewal of registration shall certify on the	36274
application for renewal of registration prescribed by the board	36275
under section 4715.24 of the Revised Code that hethe applicant	36276
possesses the certification required by this section.	36277

The board shall, not later than one hundred eighty days after	36278
the effective date of this amendment, determine whether basic	36279
life-support training certified by the American safety and health	36280
institute meets national standards. The board shall compare the	36281
training certified by the institute with the training certified by	36282
the American red cross and the American heart association and the	36283
training of instructors certified by the institute to the training	36284
of instructors certified by the American red cross and the	36285
American heart association.	36286

If the board determines that the training certified by the	36287
American safety and health institute meets national standards and	36288
is equivalent to the training certified by the American red cross	36289
and the American heart association, the board shall accept	36290
training certified by the American safety and health institute in	36291
fulfillment of the requirements of this section.	36292

Sec. 4717.07. (A) The board of embalmers and funeral	36293
directors shall charge and collect the following fees:	36294

(1) For the initial issuance or biennial renewal of an	36295
embalmer's or funeral director's license, one hundred forty	36296
dollars;	36297

(2) For the issuance of an embalmer or funeral director	36298
registration, twenty-five dollars;	36299

(3) For filing an embalmer or funeral director certificate of	36300
apprenticeship, ten dollars;	36301

(4) For the application to take the examination for a license	36302
to practice as an embalmer or funeral director, or to retake a	36303
section of the examination, thirty-five dollars;	36304

(5) For the initial issuance of a license to operate a	36305
funeral home, two hundred fifty dollars and biennial renewal of a	36306
license to operate a funeral home, two hundred fifty dollars;	36307

(6) For the reinstatement of a lapsed embalmer's or funeral	36308
director's license, the renewal fee prescribed in division	36309
(A)~~(5)~~(1) of this section plus fifty dollars for each month or	36310
portion of a month the license is lapsed until reinstatement;	36311

(7) For the reinstatement of a lapsed license to operate a	36312
funeral home, the renewal fee prescribed in division (A)~~(6)~~(5) of	36313
this section plus fifty dollars for each month or portion of a	36314
month the license is lapsed until reinstatement;	36315

(8) For the initial issuance of a license to operate an	36316
embalming facility, two hundred dollars and biennial renewal of a	36317
license to operate an embalming facility, two hundred dollars;	36318

(9) For the reinstatement of a lapsed license to operate an	36319
embalming facility, the renewal fee prescribed in division	36320
(A)~~(9)~~(8) of this section plus fifty dollars for each month or	36321
portion of a month the license is lapsed until reinstatement;	36322

(10) For the initial issuance of a license to operate a	36323
crematory facility, two hundred dollars and biennial renewal of a	36324
license to operate a crematory facility, two hundred dollars;	36325

(11) For the reinstatement of a lapsed license to operate a	36326
crematory facility, the renewal fee prescribed in division	36327
(A)~~(11)~~(10) of this section plus fifty dollars for each month or	36328
portion of a month the license is lapsed until reinstatement;	36329

(12) For the issuance of a duplicate of a license issued	36330
under this chapter, four dollars.	36331

(B) In addition to the fees set forth in division (A) of this	36332
section, an applicant shall pay the examination fee assessed by	36333
any examining agency the board uses for any section of an	36334
examination required under this chapter.	36335

(C) Subject to the approval of the controlling board, the	36336
board of embalmers and funeral directors may establish fees in	36337
excess of the amounts set forth in this section, provided that	36338
these fees do not exceed the amounts set forth in this section by	36339
more than fifty per cent.	36340

Sec. 4723.621. The medication aide advisory council created	36341
under section 4723.62 of the Revised Code shall make	36342
recommendations to the board of nursing with respect to all of the	36343
following:	36344

(A) The design and operation of the medication aide pilot	36345
program conducted under section 4723.63 of the Revised Code,	36346
including a method of collecting data through reports submitted by	36347
participating nursing homes and residential care facilities;	36348

(B) The content of the course of instruction required to	36349
obtain certification as a medication aide, including the	36350
examination to be used to evaluate the ability to administer	36351
prescription medications safely and the score that must be	36352
attained to pass the examination;	36353

(C) Whether medication aides may administer prescription	36354
medications through a gastrostomy or jejunostomy tube and the	36355
amount and type of training a medication aide needs to be	36356
adequately prepared to administer prescription medications through	36357
a gastrostomy or jejunostomy tube;	36358

(D) Protection of the health and welfare of the residents of	36359
nursing homes and residential care facilities participating in the	36360
pilot program and using medication aides pursuant to section	36361
4723.64 of the Revised Code ~~on or after July 1, 2007~~;	36362

(E) The board's adoption of rules under section 4723.69 of	36363
the Revised Code;	36364

(F) Any other issue the council considers relevant to the use	36365
of medication aides in nursing homes and residential care	36366
facilities.	36367

Sec. 4723.63. (A) In consultation with the medication aide	36368
advisory council established under section 4723.62 of the Revised	36369
Code, the board of nursing shall conduct a pilot program for the	36370
use of medication aides in nursing homes and residential care	36371
facilities. The board shall conduct the pilot program in a manner	36372
consistent with human protection and other ethical concerns	36373
typically associated with research studies involving live	36374
subjects. The pilot program shall be commenced not later than May	36375
1, 2006, and shall ~~be conducted until July 1, 2007~~end on the	36376
thirty-first day after the report required by division (F)(2) of	36377
this section is submitted in accordance with that division.	36378

During the period the pilot program is conducted, a nursing	36379
home or residential care facility participating in the pilot	36380
program may use one or more medication aides to administer	36381
prescription medications to its residents, subject to ~~both~~all of	36382
the following conditions:	36383

(1) Each individual used as a medication aide must hold a	36384
current, valid medication aide certificate issued by the board of	36385
nursing under this chapter.	36386

(2) The nursing home or residential care facility shall	36387
ensure that the requirements of section 4723.67 of the Revised	36388
Code are met.	36389

(3) The nursing home or residential care facility shall	36390
submit to the board, not later than the thirty-first day after the	36391
day the board makes its request under division (F)(1)(a) of this	36392
section, the data required by division (F)(1)(a) of this section.	36393

(B) The board, in consultation with the medication aide	36394
advisory council, shall do all of the following not later than	36395
February 1, 2006:	36396

(1) Design the pilot program;

36397

(2) Establish standards to govern medication aides and the	36398
nursing homes and residential care facilities participating in the	36399
pilot program, including standards for the training of medication	36400
aides and the staff of participating nursing homes and residential	36401
care facilities;	36402

(3) Establish standards to protect the health and safety of	36403
the residents of the nursing homes and residential care facilities	36404
participating in the program;	36405

(4) Implement a process for selecting the nursing homes and	36406
residential care facilities to participate in the program.	36407

(C)(1) A nursing home or residential care facility may	36408
volunteer to participate in the pilot program by submitting an	36409
application to the board on a form prescribed and provided by the	36410
board. From among the applicants, the board shall select eighty	36411
nursing homes and forty residential care facilities to participate	36412
in the pilot program. When the board denies an application, it	36413
shall notify, in writing, the president and minority leader of the	36414
senate and the speaker and minority leader of the house of	36415
representatives of the denial and the reasons for the denial.	36416

(2) To be eligible to participate, a nursing home or	36417
residential care facility shall agree to observe the standards	36418
established by the board for the use of medication aides. A	36419
nursing home is eligible to participate only if the department of	36420
health has found in the ~~two~~ most recent ~~surveys~~survey or	36421
~~inspections~~inspection of the home that the home is free from	36422
deficiencies related to the administration of medication. A	36423
residential care facility is eligible to participate only if the	36424
department has found that the facility is free from deficiencies	36425
related to the provision of skilled nursing care or the	36426
administration of medication.	36427

(D) As a condition of participation in the pilot program, a	36428
nursing home and residential care facility selected by the board	36429
shall pay the participation fee established in rules adopted under	36430
section 4723.69 of the Revised Code. The participation fee is not	36431
reimbursable under the medicaid program established under Chapter	36432
5111. of the Revised Code.	36433

(E) On receipt of evidence found credible by the board that	36434
continued participation by a nursing home or residential care	36435
facility poses an imminent danger, risk of serious harm, or	36436
jeopardy to a resident of the home or facility, the board may	36437
terminate the authority of the home or facility to participate in	36438
the pilot program.	36439

(F)(1) With the assistance of the medication aide advisory	36440
council, the board shall conduct an evaluation of the pilot	36441
program. In conducting the evaluation, the board shall do all of	36442
the following:	36443

(a) Request from each nursing home and residential care	36444
facility participating in the pilot program, on the ninety-first	36445
day after the day the board issues a medication aide certificate	36446
under section 4723.651 of the Revised Code to the seventy-fifth	36447
individual, the data the board requires participating nursing	36448
homes and residential care facilities to report under rules the	36449
board adopts under section 4723.69 of the Revised Code.	36450

(b) Assess whether medication aides are able to administer	36451
prescription medications safely to nursing home and residential	36452
care facility residents;	36453

~~(b)~~(c) Determine the financial implications of using	36454
medication aides in nursing homes and residential care facilities;	36455

~~(c)~~(d) Consider any other issue the board or council	36456
considers relevant to the evaluation.	36457

(2) Not later than ~~March 1, 2007~~the one hundred eighty-first	36458
day after the day the board issues a medication aide certificate	36459
under section 4723.651 of the Revised Code to the seventy-fifth	36460
individual, the board shall prepare a report of its findings and	36461
recommendations derived from the evaluation of the pilot program.	36462
The board shall submit the report to the governor, president and	36463
minority leader of the senate, speaker and minority leader of the	36464
house of representatives, and director of health.	36465

(G) The board shall, on the day it issues a medication aide	36466
certificate to the seventy-fifth individual, post a notice on its	36467
web site indicating the date on which any nursing home or	36468
residential care facility may use medication aides in accordance	36469
with section 4723.64 of the Revised Code.	36470

Sec. 4723.64. On and after ~~July 1, 2007~~the thirty-first day	36471
following the board of nursing's submission of the report required	36472
by division (F)(2) of section 4723.63 of the Revised Code, any	36473
nursing home or residential care facility may use one or more	36474
medication aides to administer prescription medications to its	36475
residents, subject to both of the following conditions:	36476

(A) Each individual used as a medication aide must hold a	36477
current, valid medication aide certificate issued by the board of	36478
nursing under this chapter.	36479

(B) The nursing home or residential care facility shall	36480
ensure that the requirements of section 4723.67 of the Revised	36481
Code are met.	36482

Sec. 4723.65. (A) An individual seeking certification as a	36483
medication aide shall apply to the board of nursing on a form	36484
prescribed and provided by the board. If the application is	36485
submitted on or after ~~July 1, 2007~~the day any nursing home or	36486
residential care facility may initially use medication aides as	36487
specified in section 4723.64 of the Revised Code, the application	36488
shall be accompanied by the certification fee established in rules	36489
adopted under section 4723.69 of the Revised Code.	36490

(B)(1) Except as provided in division (B)(2) of this section,	36491
an applicant for a medication aide certificate shall submit a	36492
request to the bureau of criminal identification and investigation	36493
for a criminal records check. The request shall be on the form	36494
prescribed pursuant to division (C)(1) of section 109.572 of the	36495
Revised Code and shall be accompanied by a standard impression	36496
sheet to obtain fingerprints prescribed pursuant to division	36497
(C)(2) of that section. The request shall also be accompanied by	36498
the fee prescribed pursuant to division (C)(3) of section 109.572	36499
of the Revised Code. On receipt of the completed form, the	36500
completed impression sheet, and the fee, the bureau shall conduct	36501
a criminal records check of the applicant. On completion of the	36502
criminal records check, the bureau shall send the results of the	36503
check to the board. An applicant requesting a criminal records	36504
check under this division who has not lived in this state for at	36505
least five years shall ask the superintendent of the bureau of	36506
criminal identification and investigation to also request that the	36507
federal bureau of investigation provide the superintendent with	36508
any information it has with respect to the applicant.	36509

(2) If a criminal records check of an applicant was completed	36510
pursuant to section 3721.121 of the Revised Code not more than	36511
five years prior to the date the application is submitted, the	36512
applicant may include a certified copy of the criminal records	36513
check completed pursuant to that section and is not required to	36514
comply with division (B)(1) of this section.	36515

(3) A criminal records check provided to the board in	36516
accordance with division (B)(1) or (B)(2) of this section shall	36517
not be made available to any person or for any purpose other than	36518
the following:	36519

(a) The results may be made available to any person for use	36520
in determining whether the individual who is the subject of the	36521
check should be issued a medication aide certificate.	36522

(b) The results may be made available to the person who is	36523
the subject of the check or a representative of that person.	36524

Sec. 4723.66. (A) A person or government entity seeking	36525
approval to provide a medication aide training program shall apply	36526
to the board of nursing on a form prescribed and provided by the	36527
board. If the application is submitted on or after ~~July 1, 2007~~	36528
the day any nursing home or residential care facility may	36529
initially use medication aides as specified in section 4723.64 of	36530
the Revised Code, the application shall be accompanied by the fee	36531
established in rules adopted under section 4723.69 of the Revised	36532
Code.	36533

(B) The board shall approve the applicant to provide a	36534
medication aide training program if the content of the course of	36535
instruction to be provided by the program meets the standards	36536
specified by the board in rules adopted under section 4723.69 of	36537
the Revised Code and includes all of the following:	36538

(1) At least seventy clock-hours of instruction, including	36539
both classroom instruction on medication administration and at	36540
least twenty clock-hours of supervised clinical practice in	36541
medication administration;	36542

(2) A mechanism for evaluating whether an individual's	36543
reading, writing, and mathematical skills are sufficient for the	36544
individual to be able to administer prescription medications	36545
safely;	36546

(3) An examination that tests the ability to administer	36547
prescription medications safely and that meets the requirements	36548
established by the board in rules adopted under section 4723.69 of	36549
the Revised Code.	36550

(C) The board may deny, suspend, or revoke the approval	36551
granted to the provider of a medication aide training program for	36552
reasons specified in rules adopted under section 4723.69 of the	36553
Revised Code. All actions taken by the board to deny, suspend, or	36554
revoke the approval of a training program shall be taken in	36555
accordance with Chapter 119. of the Revised Code.	36556

Sec. 4731.142. (A) Except as provided in division (B) of	36557
this section, an individual must demonstrate proficiency in spoken	36558
English, by passing an examination specified by the state medical	36559
board, to receive a certificate to practice issued under section	36560
4731.14 of the Revised Code if the individual's eligibility for	36561
the certificate is based in part on certification from the	36562
educational commission for foreign medical graduates and	36563
fulfillment of the undergraduate requirements established by	36564
section 4731.09 of the Revised Code at an institution outside the	36565
United States. ~~The individual may demonstrate such proficiency by~~	36566
~~obtaining a score of forty or higher on the test of spoken English~~	36567
~~conducted by the educational testing service~~The board shall adopt	36568
rules specifying an acceptable examination and establishing the	36569
minimum score that demonstrates proficiency in spoken English.	36570

(B) An individual is not required to demonstrate proficiency	36571
in spoken English in accordance with division (A) of this section	36572
if the individual was required to demonstrate such proficiency as	36573
a condition of certification from the educational commission for	36574
foreign medical graduates.	36575

Sec. 4731.22. (A) The state medical board, by an affirmative	36576
vote of not fewer than six of its members, may revoke or may	36577
refuse to grant a certificate to a person found by the board to	36578
have committed fraud during the administration of the examination	36579
for a certificate to practice or to have committed fraud,	36580
misrepresentation, or deception in applying for or securing any	36581
certificate to practice or certificate of registration issued by	36582
the board.	36583

(B) The board, by an affirmative vote of not fewer than six	36584
members, shall, to the extent permitted by law, limit, revoke, or	36585
suspend an individual's certificate to practice, refuse to	36586
register an individual, refuse to reinstate a certificate, or	36587
reprimand or place on probation the holder of a certificate for	36588
one or more of the following reasons:	36589

(1) Permitting one's name or one's certificate to practice or	36590
certificate of registration to be used by a person, group, or	36591
corporation when the individual concerned is not actually	36592
directing the treatment given;	36593

(2) Failure to maintain minimal standards applicable to the	36594
selection or administration of drugs, or failure to employ	36595
acceptable scientific methods in the selection of drugs or other	36596
modalities for treatment of disease;	36597

(3) Selling, giving away, personally furnishing, prescribing,	36598
or administering drugs for other than legal and legitimate	36599
therapeutic purposes or a plea of guilty to, a judicial finding of	36600
guilt of, or a judicial finding of eligibility for intervention in	36601
lieu of conviction of, a violation of any federal or state law	36602
regulating the possession, distribution, or use of any drug;	36603

(4) Willfully betraying a professional confidence.

36604

For purposes of this division, "willfully betraying a	36605
professional confidence" does not include providing any	36606
information, documents, or reports to a child fatality review	36607
board under sections 307.621 to 307.629 of the Revised Code and	36608
does not include the making of a report of an employee's use of a	36609
drug of abuse, or a report of a condition of an employee other	36610
than one involving the use of a drug of abuse, to the employer of	36611
the employee as described in division (B) of section 2305.33 of	36612
the Revised Code. Nothing in this division affects the immunity	36613
from civil liability conferred by that section upon a physician	36614
who makes either type of report in accordance with division (B) of	36615
that section. As used in this division, "employee," "employer,"	36616
and "physician" have the same meanings as in section 2305.33 of	36617
the Revised Code.	36618

(5) Making a false, fraudulent, deceptive, or misleading	36619
statement in the solicitation of or advertising for patients; in	36620
relation to the practice of medicine and surgery, osteopathic	36621
medicine and surgery, podiatric medicine and surgery, or a limited	36622
branch of medicine; or in securing or attempting to secure any	36623
certificate to practice or certificate of registration issued by	36624
the board.	36625

As used in this division, "false, fraudulent, deceptive, or	36626
misleading statement" means a statement that includes a	36627
misrepresentation of fact, is likely to mislead or deceive because	36628
of a failure to disclose material facts, is intended or is likely	36629
to create false or unjustified expectations of favorable results,	36630
or includes representations or implications that in reasonable	36631
probability will cause an ordinarily prudent person to	36632
misunderstand or be deceived.	36633

(6) A departure from, or the failure to conform to, minimal	36634
standards of care of similar practitioners under the same or	36635
similar circumstances, whether or not actual injury to a patient	36636
is established;	36637

(7) Representing, with the purpose of obtaining compensation	36638
or other advantage as personal gain or for any other person, that	36639
an incurable disease or injury, or other incurable condition, can	36640
be permanently cured;	36641

(8) The obtaining of, or attempting to obtain, money or	36642
anything of value by fraudulent misrepresentations in the course	36643
of practice;	36644

(9) A plea of guilty to, a judicial finding of guilt of, or a	36645
judicial finding of eligibility for intervention in lieu of	36646
conviction for, a felony;	36647

(10) Commission of an act that constitutes a felony in this	36648
state, regardless of the jurisdiction in which the act was	36649
committed;	36650

(11) A plea of guilty to, a judicial finding of guilt of, or	36651
a judicial finding of eligibility for intervention in lieu of	36652
conviction for, a misdemeanor committed in the course of practice;	36653

(12) Commission of an act in the course of practice that	36654
constitutes a misdemeanor in this state, regardless of the	36655
jurisdiction in which the act was committed;	36656

(13) A plea of guilty to, a judicial finding of guilt of, or	36657
a judicial finding of eligibility for intervention in lieu of	36658
conviction for, a misdemeanor involving moral turpitude;	36659

(14) Commission of an act involving moral turpitude that	36660
constitutes a misdemeanor in this state, regardless of the	36661
jurisdiction in which the act was committed;	36662

(15) Violation of the conditions of limitation placed by the	36663
board upon a certificate to practice;	36664

(16) Failure to pay license renewal fees specified in this	36665
chapter;	36666

(17) Except as authorized in section 4731.31 of the Revised	36667
Code, engaging in the division of fees for referral of patients,	36668
or the receiving of a thing of value in return for a specific	36669
referral of a patient to utilize a particular service or business;	36670

(18) Subject to section 4731.226 of the Revised Code,	36671
violation of any provision of a code of ethics of the American	36672
medical association, the American osteopathic association, the	36673
American podiatric medical association, or any other national	36674
professional organizations that the board specifies by rule. The	36675
state medical board shall obtain and keep on file current copies	36676
of the codes of ethics of the various national professional	36677
organizations. The individual whose certificate is being suspended	36678
or revoked shall not be found to have violated any provision of a	36679
code of ethics of an organization not appropriate to the	36680
individual's profession.	36681

For purposes of this division, a "provision of a code of	36682
ethics of a national professional organization" does not include	36683
any provision that would preclude the making of a report by a	36684
physician of an employee's use of a drug of abuse, or of a	36685
condition of an employee other than one involving the use of a	36686
drug of abuse, to the employer of the employee as described in	36687
division (B) of section 2305.33 of the Revised Code. Nothing in	36688
this division affects the immunity from civil liability conferred	36689
by that section upon a physician who makes either type of report	36690
in accordance with division (B) of that section. As used in this	36691
division, "employee," "employer," and "physician" have the same	36692
meanings as in section 2305.33 of the Revised Code.	36693

(19) Inability to practice according to acceptable and	36694
prevailing standards of care by reason of mental illness or	36695
physical illness, including, but not limited to, physical	36696
deterioration that adversely affects cognitive, motor, or	36697
perceptive skills.	36698

In enforcing this division, the board, upon a showing of a	36699
possible violation, may compel any individual authorized to	36700
practice by this chapter or who has submitted an application	36701
pursuant to this chapter to submit to a mental examination,	36702
physical examination, including an HIV test, or both a mental and	36703
a physical examination. The expense of the examination is the	36704
responsibility of the individual compelled to be examined. Failure	36705
to submit to a mental or physical examination or consent to an HIV	36706
test ordered by the board constitutes an admission of the	36707
allegations against the individual unless the failure is due to	36708
circumstances beyond the individual's control, and a default and	36709
final order may be entered without the taking of testimony or	36710
presentation of evidence. If the board finds an individual unable	36711
to practice because of the reasons set forth in this division, the	36712
board shall require the individual to submit to care, counseling,	36713
or treatment by physicians approved or designated by the board, as	36714
a condition for initial, continued, reinstated, or renewed	36715
authority to practice. An individual affected under this division	36716
shall be afforded an opportunity to demonstrate to the board the	36717
ability to resume practice in compliance with acceptable and	36718
prevailing standards under the provisions of the individual's	36719
certificate. For the purpose of this division, any individual who	36720
applies for or receives a certificate to practice under this	36721
chapter accepts the privilege of practicing in this state and, by	36722
so doing, shall be deemed to have given consent to submit to a	36723
mental or physical examination when directed to do so in writing	36724
by the board, and to have waived all objections to the	36725
admissibility of testimony or examination reports that constitute	36726
a privileged communication.	36727

(20) Except when civil penalties are imposed under section	36728
4731.225 or 4731.281 of the Revised Code, and subject to section	36729
4731.226 of the Revised Code, violating or attempting to violate,	36730
directly or indirectly, or assisting in or abetting the violation	36731
of, or conspiring to violate, any provisions of this chapter or	36732
any rule promulgated by the board.	36733

This division does not apply to a violation or attempted	36734
violation of, assisting in or abetting the violation of, or a	36735
conspiracy to violate, any provision of this chapter or any rule	36736
adopted by the board that would preclude the making of a report by	36737
a physician of an employee's use of a drug of abuse, or of a	36738
condition of an employee other than one involving the use of a	36739
drug of abuse, to the employer of the employee as described in	36740
division (B) of section 2305.33 of the Revised Code. Nothing in	36741
this division affects the immunity from civil liability conferred	36742
by that section upon a physician who makes either type of report	36743
in accordance with division (B) of that section. As used in this	36744
division, "employee," "employer," and "physician" have the same	36745
meanings as in section 2305.33 of the Revised Code.	36746

(21) The violation of section 3701.79 of the Revised Code or	36747
of any abortion rule adopted by the public health council pursuant	36748
to section 3701.341 of the Revised Code;	36749

(22) Any of the following actions taken by the agency	36750
responsible for regulating the practice of medicine and surgery,	36751
osteopathic medicine and surgery, podiatric medicine and surgery,	36752
or the limited branches of medicine in another jurisdiction, for	36753
any reason other than the nonpayment of fees: the limitation,	36754
revocation, or suspension of an individual's license to practice;	36755
acceptance of an individual's license surrender; denial of a	36756
license; refusal to renew or reinstate a license; imposition of	36757
probation; or issuance of an order of censure or other reprimand;	36758

(23) The violation of section 2919.12 of the Revised Code or	36759
the performance or inducement of an abortion upon a pregnant woman	36760
with actual knowledge that the conditions specified in division	36761
(B) of section 2317.56 of the Revised Code have not been satisfied	36762
or with a heedless indifference as to whether those conditions	36763
have been satisfied, unless an affirmative defense as specified in	36764
division (H)(2) of that section would apply in a civil action	36765
authorized by division (H)(1) of that section;	36766

(24) The revocation, suspension, restriction, reduction, or	36767
termination of clinical privileges by the United States department	36768
of defense or department of veterans affairs or the termination or	36769
suspension of a certificate of registration to prescribe drugs by	36770
the drug enforcement administration of the United States	36771
department of justice;	36772

(25) Termination or suspension from participation in the	36773
medicare or medicaid programs by the department of health and	36774
human services or other responsible agency for any act or acts	36775
that also would constitute a violation of division (B)(2), (3),	36776
(6), (8), or (19) of this section;	36777

(26) Impairment of ability to practice according to	36778
acceptable and prevailing standards of care because of habitual or	36779
excessive use or abuse of drugs, alcohol, or other substances that	36780
impair ability to practice.	36781

For the purposes of this division, any individual authorized	36782
to practice by this chapter accepts the privilege of practicing in	36783
this state subject to supervision by the board. By filing an	36784
application for or holding a certificate to practice under this	36785
chapter, an individual shall be deemed to have given consent to	36786
submit to a mental or physical examination when ordered to do so	36787
by the board in writing, and to have waived all objections to the	36788
admissibility of testimony or examination reports that constitute	36789
privileged communications.	36790

If it has reason to believe that any individual authorized to	36791
practice by this chapter or any applicant for certification to	36792
practice suffers such impairment, the board may compel the	36793
individual to submit to a mental or physical examination, or both.	36794
The expense of the examination is the responsibility of the	36795
individual compelled to be examined. Any mental or physical	36796
examination required under this division shall be undertaken by a	36797
treatment provider or physician who is qualified to conduct the	36798
examination and who is chosen by the board.	36799

Failure to submit to a mental or physical examination ordered	36800
by the board constitutes an admission of the allegations against	36801
the individual unless the failure is due to circumstances beyond	36802
the individual's control, and a default and final order may be	36803
entered without the taking of testimony or presentation of	36804
evidence. If the board determines that the individual's ability to	36805
practice is impaired, the board shall suspend the individual's	36806
certificate or deny the individual's application and shall require	36807
the individual, as a condition for initial, continued, reinstated,	36808
or renewed certification to practice, to submit to treatment.	36809

Before being eligible to apply for reinstatement of a	36810
certificate suspended under this division, the impaired	36811
practitioner shall demonstrate to the board the ability to resume	36812
practice in compliance with acceptable and prevailing standards of	36813
care under the provisions of the practitioner's certificate. The	36814
demonstration shall include, but shall not be limited to, the	36815
following:	36816

(a) Certification from a treatment provider approved under	36817
section 4731.25 of the Revised Code that the individual has	36818
successfully completed any required inpatient treatment;	36819

(b) Evidence of continuing full compliance with an aftercare	36820
contract or consent agreement;	36821

(c) Two written reports indicating that the individual's	36822
ability to practice has been assessed and that the individual has	36823
been found capable of practicing according to acceptable and	36824
prevailing standards of care. The reports shall be made by	36825
individuals or providers approved by the board for making the	36826
assessments and shall describe the basis for their determination.	36827

The board may reinstate a certificate suspended under this	36828
division after that demonstration and after the individual has	36829
entered into a written consent agreement.	36830

When the impaired practitioner resumes practice, the board	36831
shall require continued monitoring of the individual. The	36832
monitoring shall include, but not be limited to, compliance with	36833
the written consent agreement entered into before reinstatement or	36834
with conditions imposed by board order after a hearing, and, upon	36835
termination of the consent agreement, submission to the board for	36836
at least two years of annual written progress reports made under	36837
penalty of perjury stating whether the individual has maintained	36838
sobriety.	36839

(27) A second or subsequent violation of section 4731.66 or	36840
4731.69 of the Revised Code;	36841

(28) Except as provided in division (N) of this section:

36842

(a) Waiving the payment of all or any part of a deductible or	36843
copayment that a patient, pursuant to a health insurance or health	36844
care policy, contract, or plan that covers the individual's	36845
services, otherwise would be required to pay if the waiver is used	36846
as an enticement to a patient or group of patients to receive	36847
health care services from that individual;	36848

(b) Advertising that the individual will waive the payment of	36849
all or any part of a deductible or copayment that a patient,	36850
pursuant to a health insurance or health care policy, contract, or	36851
plan that covers the individual's services, otherwise would be	36852
required to pay.	36853

(29) Failure to use universal blood and body fluid	36854
precautions established by rules adopted under section 4731.051 of	36855
the Revised Code;	36856

(30) Failure to provide notice to, and receive acknowledgment	36857
of the notice from, a patient when required by section 4731.143 of	36858
the Revised Code prior to providing nonemergency professional	36859
services, or failure to maintain that notice in the patient's	36860
file;	36861

(31) Failure of a physician supervising a physician assistant	36862
to maintain supervision in accordance with the requirements of	36863
Chapter 4730. of the Revised Code and the rules adopted under that	36864
chapter;	36865

(32) Failure of a physician or podiatrist to enter into a	36866
standard care arrangement with a clinical nurse specialist,	36867
certified nurse-midwife, or certified nurse practitioner with whom	36868
the physician or podiatrist is in collaboration pursuant to	36869
section 4731.27 of the Revised Code or failure to fulfill the	36870
responsibilities of collaboration after entering into a standard	36871
care arrangement;	36872

(33) Failure to comply with the terms of a consult agreement	36873
entered into with a pharmacist pursuant to section 4729.39 of the	36874
Revised Code;	36875

(34) Failure to cooperate in an investigation conducted by	36876
the board under division (F) of this section, including failure to	36877
comply with a subpoena or order issued by the board or failure to	36878
answer truthfully a question presented by the board at a	36879
deposition or in written interrogatories, except that failure to	36880
cooperate with an investigation shall not constitute grounds for	36881
discipline under this section if a court of competent jurisdiction	36882
has issued an order that either quashes a subpoena or permits the	36883
individual to withhold the testimony or evidence in issue;	36884

(35) Failure to supervise an acupuncturist in accordance with	36885
Chapter 4762. of the Revised Code and the board's rules for	36886
supervision of an acupuncturist;	36887

(36) Failure to supervise an anesthesiologist assistant in	36888
accordance with Chapter 4760. of the Revised Code and the board's	36889
rules for supervision of an anesthesiologist assistant;	36890

(37) Assisting suicide as defined in section 3795.01 of the	36891
Revised Code.	36892

(C) Disciplinary actions taken by the board under divisions	36893
(A) and (B) of this section shall be taken pursuant to an	36894
adjudication under Chapter 119. of the Revised Code, except that	36895
in lieu of an adjudication, the board may enter into a consent	36896
agreement with an individual to resolve an allegation of a	36897
violation of this chapter or any rule adopted under it. A consent	36898
agreement, when ratified by an affirmative vote of not fewer than	36899
six members of the board, shall constitute the findings and order	36900
of the board with respect to the matter addressed in the	36901
agreement. If the board refuses to ratify a consent agreement, the	36902
admissions and findings contained in the consent agreement shall	36903
be of no force or effect.	36904

If the board takes disciplinary action against an individual	36905
under division (B) of this section for a second or subsequent plea	36906
of guilty to, or judicial finding of guilt of, a violation of	36907
section 2919.123 of the Revised Code, the disciplinary action	36908
shall consist of a suspension of the individual's certificate to	36909
practice for a period of at least one year or, if determined	36910
appropriate by the board, a more serious sanction involving the	36911
individual's certificate to practice. Any consent agreement	36912
entered into under this division with an individual that pertains	36913
to a second or subsequent plea of guilty to, or judicial finding	36914
of guilt of, a violation of that section shall provide for a	36915
suspension of the individual's certificate to practice for a	36916
period of at least one year or, if determined appropriate by the	36917
board, a more serious sanction involving the individual's	36918
certificate to practice.	36919

(D) For purposes of divisions (B)(10), (12), and (14) of this	36920
section, the commission of the act may be established by a finding	36921
by the board, pursuant to an adjudication under Chapter 119. of	36922
the Revised Code, that the individual committed the act. The board	36923
does not have jurisdiction under those divisions if the trial	36924
court renders a final judgment in the individual's favor and that	36925
judgment is based upon an adjudication on the merits. The board	36926
has jurisdiction under those divisions if the trial court issues	36927
an order of dismissal upon technical or procedural grounds.	36928

(E) The sealing of conviction records by any court shall have	36929
no effect upon a prior board order entered under this section or	36930
upon the board's jurisdiction to take action under this section	36931
if, based upon a plea of guilty, a judicial finding of guilt, or a	36932
judicial finding of eligibility for intervention in lieu of	36933
conviction, the board issued a notice of opportunity for a hearing	36934
prior to the court's order to seal the records. The board shall	36935
not be required to seal, destroy, redact, or otherwise modify its	36936
records to reflect the court's sealing of conviction records.	36937

(F)(1) The board shall investigate evidence that appears to	36938
show that a person has violated any provision of this chapter or	36939
any rule adopted under it. Any person may report to the board in a	36940
signed writing any information that the person may have that	36941
appears to show a violation of any provision of this chapter or	36942
any rule adopted under it. In the absence of bad faith, any person	36943
who reports information of that nature or who testifies before the	36944
board in any adjudication conducted under Chapter 119. of the	36945
Revised Code shall not be liable in damages in a civil action as a	36946
result of the report or testimony. Each complaint or allegation of	36947
a violation received by the board shall be assigned a case number	36948
and shall be recorded by the board.	36949

(2) Investigations of alleged violations of this chapter or	36950
any rule adopted under it shall be supervised by the supervising	36951
member elected by the board in accordance with section 4731.02 of	36952
the Revised Code and by the secretary as provided in section	36953
4731.39 of the Revised Code. The president may designate another	36954
member of the board to supervise the investigation in place of the	36955
supervising member. No member of the board who supervises the	36956
investigation of a case shall participate in further adjudication	36957
of the case.	36958

(3) In investigating a possible violation of this chapter or	36959
any rule adopted under this chapter, the board may administer	36960
oaths, order the taking of depositions, issue subpoenas, and	36961
compel the attendance of witnesses and production of books,	36962
accounts, papers, records, documents, and testimony, except that a	36963
subpoena for patient record information shall not be issued	36964
without consultation with the attorney general's office and	36965
approval of the secretary and supervising member of the board.	36966
Before issuance of a subpoena for patient record information, the	36967
secretary and supervising member shall determine whether there is	36968
probable cause to believe that the complaint filed alleges a	36969
violation of this chapter or any rule adopted under it and that	36970
the records sought are relevant to the alleged violation and	36971
material to the investigation. The subpoena may apply only to	36972
records that cover a reasonable period of time surrounding the	36973
alleged violation.	36974

On failure to comply with any subpoena issued by the board	36975
and after reasonable notice to the person being subpoenaed, the	36976
board may move for an order compelling the production of persons	36977
or records pursuant to the Rules of Civil Procedure.	36978

A subpoena issued by the board may be served by a sheriff,	36979
the sheriff's deputy, or a board employee designated by the board.	36980
Service of a subpoena issued by the board may be made by	36981
delivering a copy of the subpoena to the person named therein,	36982
reading it to the person, or leaving it at the person's usual	36983
place of residence. When the person being served is a person whose	36984
practice is authorized by this chapter, service of the subpoena	36985
may be made by certified mail, restricted delivery, return receipt	36986
requested, and the subpoena shall be deemed served on the date	36987
delivery is made or the date the person refuses to accept	36988
delivery.	36989

A sheriff's deputy who serves a subpoena shall receive the	36990
same fees as a sheriff. Each witness who appears before the board	36991
in obedience to a subpoena shall receive the fees and mileage	36992
provided for witnesses in civil cases in the courts of common	36993
pleas.	36994

(4) All hearings and investigations of the board shall be	36995
considered civil actions for the purposes of section 2305.252 of	36996
the Revised Code.	36997

(5) Information received by the board pursuant to an	36998
investigation is confidential and not subject to discovery in any	36999
civil action.	37000

The board shall conduct all investigations and proceedings in	37001
a manner that protects the confidentiality of patients and persons	37002
who file complaints with the board. The board shall not make	37003
public the names or any other identifying information about	37004
patients or complainants unless proper consent is given or, in the	37005
case of a patient, a waiver of the patient privilege exists under	37006
division (B) of section 2317.02 of the Revised Code, except that	37007
consent or a waiver of that nature is not required if the board	37008
possesses reliable and substantial evidence that no bona fide	37009
physician-patient relationship exists.	37010

The board may share any information it receives pursuant to	37011
an investigation, including patient records and patient record	37012
information, with law enforcement agencies, other licensing	37013
boards, and other governmental agencies that are prosecuting,	37014
adjudicating, or investigating alleged violations of statutes or	37015
administrative rules. An agency or board that receives the	37016
information shall comply with the same requirements regarding	37017
confidentiality as those with which the state medical board must	37018
comply, notwithstanding any conflicting provision of the Revised	37019
Code or procedure of the agency or board that applies when it is	37020
dealing with other information in its possession. In a judicial	37021
proceeding, the information may be admitted into evidence only in	37022
accordance with the Rules of Evidence, but the court shall require	37023
that appropriate measures are taken to ensure that confidentiality	37024
is maintained with respect to any part of the information that	37025
contains names or other identifying information about patients or	37026
complainants whose confidentiality was protected by the state	37027
medical board when the information was in the board's possession.	37028
Measures to ensure confidentiality that may be taken by the court	37029
include sealing its records or deleting specific information from	37030
its records.	37031

(6) On a quarterly basis, the board shall prepare a report	37032
that documents the disposition of all cases during the preceding	37033
three months. The report shall contain the following information	37034
for each case with which the board has completed its activities:	37035

(a) The case number assigned to the complaint or alleged	37036
violation;	37037

(b) The type of certificate to practice, if any, held by the	37038
individual against whom the complaint is directed;	37039

(c) A description of the allegations contained in the	37040
complaint;	37041

(d) The disposition of the case.

37042

The report shall state how many cases are still pending and	37043
shall be prepared in a manner that protects the identity of each	37044
person involved in each case. The report shall be a public record	37045
under section 149.43 of the Revised Code.	37046

(G) If the secretary and supervising member determine that	37047
there is clear and convincing evidence that an individual has	37048
violated division (B) of this section and that the individual's	37049
continued practice presents a danger of immediate and serious harm	37050
to the public, they may recommend that the board suspend the	37051
individual's certificate to practice without a prior hearing.	37052
Written allegations shall be prepared for consideration by the	37053
board.	37054

The board, upon review of those allegations and by an	37055
affirmative vote of not fewer than six of its members, excluding	37056
the secretary and supervising member, may suspend a certificate	37057
without a prior hearing. A telephone conference call may be	37058
utilized for reviewing the allegations and taking the vote on the	37059
summary suspension.	37060

The board shall issue a written order of suspension by	37061
certified mail or in person in accordance with section 119.07 of	37062
the Revised Code. The order shall not be subject to suspension by	37063
the court during pendency of any appeal filed under section 119.12	37064
of the Revised Code. If the individual subject to the summary	37065
suspension requests an adjudicatory hearing by the board, the date	37066
set for the hearing shall be within fifteen days, but not earlier	37067
than seven days, after the individual requests the hearing, unless	37068
otherwise agreed to by both the board and the individual.	37069

Any summary suspension imposed under this division shall	37070
remain in effect, unless reversed on appeal, until a final	37071
adjudicative order issued by the board pursuant to this section	37072
and Chapter 119. of the Revised Code becomes effective. The board	37073
shall issue its final adjudicative order within ~~sixty~~seventy-five	37074
days after completion of its hearing. A failure to issue the order	37075
within ~~sixty~~seventy-five days shall result in dissolution of the	37076
summary suspension order but shall not invalidate any subsequent,	37077
final adjudicative order.	37078

(H) If the board takes action under division (B)(9), (11), or	37079
(13) of this section and the judicial finding of guilt, guilty	37080
plea, or judicial finding of eligibility for intervention in lieu	37081
of conviction is overturned on appeal, upon exhaustion of the	37082
criminal appeal, a petition for reconsideration of the order may	37083
be filed with the board along with appropriate court documents.	37084
Upon receipt of a petition of that nature and supporting court	37085
documents, the board shall reinstate the individual's certificate	37086
to practice. The board may then hold an adjudication under Chapter	37087
119. of the Revised Code to determine whether the individual	37088
committed the act in question. Notice of an opportunity for a	37089
hearing shall be given in accordance with Chapter 119. of the	37090
Revised Code. If the board finds, pursuant to an adjudication held	37091
under this division, that the individual committed the act or if	37092
no hearing is requested, the board may order any of the sanctions	37093
identified under division (B) of this section.	37094

(I) The certificate to practice issued to an individual under	37095
this chapter and the individual's practice in this state are	37096
automatically suspended as of the date of the individual's second	37097
or subsequent plea of guilty to, or judicial finding of guilt of,	37098
a violation of section 2919.123 of the Revised Code, or the date	37099
the individual pleads guilty to, is found by a judge or jury to be	37100
guilty of, or is subject to a judicial finding of eligibility for	37101
intervention in lieu of conviction in this state or treatment or	37102
intervention in lieu of conviction in another jurisdiction for any	37103
of the following criminal offenses in this state or a	37104
substantially equivalent criminal offense in another jurisdiction:	37105
aggravated murder, murder, voluntary manslaughter, felonious	37106
assault, kidnapping, rape, sexual battery, gross sexual	37107
imposition, aggravated arson, aggravated robbery, or aggravated	37108
burglary. Continued practice after suspension shall be considered	37109
practicing without a certificate.	37110

The board shall notify the individual subject to the	37111
suspension by certified mail or in person in accordance with	37112
section 119.07 of the Revised Code. If an individual whose	37113
certificate is automatically suspended under this division fails	37114
to make a timely request for an adjudication under Chapter 119. of	37115
the Revised Code, the board shall do whichever of the following is	37116
applicable:	37117

(1) If the automatic suspension under this division is for a	37118
second or subsequent plea of guilty to, or judicial finding of	37119
guilt of, a violation of section 2919.123 of the Revised Code, the	37120
board shall enter an order suspending the individual's certificate	37121
to practice for a period of at least one year or, if determined	37122
appropriate by the board, imposing a more serious sanction	37123
involving the individual's certificate to practice.	37124

(2) In all circumstances in which division (I)(1) of this	37125
section does not apply, enter a final order permanently revoking	37126
the individual's certificate to practice.	37127

(J) If the board is required by Chapter 119. of the Revised	37128
Code to give notice of an opportunity for a hearing and if the	37129
individual subject to the notice does not timely request a hearing	37130
in accordance with section 119.07 of the Revised Code, the board	37131
is not required to hold a hearing, but may adopt, by an	37132
affirmative vote of not fewer than six of its members, a final	37133
order that contains the board's findings. In that final order, the	37134
board may order any of the sanctions identified under division (A)	37135
or (B) of this section.	37136

(K) Any action taken by the board under division (B) of this	37137
section resulting in a suspension from practice shall be	37138
accompanied by a written statement of the conditions under which	37139
the individual's certificate to practice may be reinstated. The	37140
board shall adopt rules governing conditions to be imposed for	37141
reinstatement. Reinstatement of a certificate suspended pursuant	37142
to division (B) of this section requires an affirmative vote of	37143
not fewer than six members of the board.	37144

(L) When the board refuses to grant a certificate to an	37145
applicant, revokes an individual's certificate to practice,	37146
refuses to register an applicant, or refuses to reinstate an	37147
individual's certificate to practice, the board may specify that	37148
its action is permanent. An individual subject to a permanent	37149
action taken by the board is forever thereafter ineligible to hold	37150
a certificate to practice and the board shall not accept an	37151
application for reinstatement of the certificate or for issuance	37152
of a new certificate.	37153

(M) Notwithstanding any other provision of the Revised Code,	37154
all of the following apply:	37155

(1) The surrender of a certificate issued under this chapter	37156
shall not be effective unless or until accepted by the board.	37157
Reinstatement of a certificate surrendered to the board requires	37158
an affirmative vote of not fewer than six members of the board.	37159

(2) An application for a certificate made under the	37160
provisions of this chapter may not be withdrawn without approval	37161
of the board.	37162

(3) Failure by an individual to renew a certificate of	37163
registration in accordance with this chapter shall not remove or	37164
limit the board's jurisdiction to take any disciplinary action	37165
under this section against the individual.	37166

(N) Sanctions shall not be imposed under division (B)(28) of	37167
this section against any person who waives deductibles and	37168
copayments as follows:	37169

(1) In compliance with the health benefit plan that expressly	37170
allows such a practice. Waiver of the deductibles or copayments	37171
shall be made only with the full knowledge and consent of the plan	37172
purchaser, payer, and third-party administrator. Documentation of	37173
the consent shall be made available to the board upon request.	37174

(2) For professional services rendered to any other person	37175
authorized to practice pursuant to this chapter, to the extent	37176
allowed by this chapter and rules adopted by the board.	37177

(O) Under the board's investigative duties described in this	37178
section and subject to division (F) of this section, the board	37179
shall develop and implement a quality intervention program	37180
designed to improve through remedial education the clinical and	37181
communication skills of individuals authorized under this chapter	37182
to practice medicine and surgery, osteopathic medicine and	37183
surgery, and podiatric medicine and surgery. In developing and	37184
implementing the quality intervention program, the board may do	37185
all of the following:	37186

(1) Offer in appropriate cases as determined by the board an	37187
educational and assessment program pursuant to an investigation	37188
the board conducts under this section;	37189

(2) Select providers of educational and assessment services,	37190
including a quality intervention program panel of case reviewers;	37191

(3) Make referrals to educational and assessment service	37192
providers and approve individual educational programs recommended	37193
by those providers. The board shall monitor the progress of each	37194
individual undertaking a recommended individual educational	37195
program.	37196

(4) Determine what constitutes successful completion of an	37197
individual educational program and require further monitoring of	37198
the individual who completed the program or other action that the	37199
board determines to be appropriate;	37200

(5) Adopt rules in accordance with Chapter 119. of the	37201
Revised Code to further implement the quality intervention	37202
program.	37203

An individual who participates in an individual educational	37204
program pursuant to this division shall pay the financial	37205
obligations arising from that educational program.	37206

Sec. 4735.10. (A)(1) The Ohio real estate commission may	37207
adopt reasonable rules in accordance with Chapter 119. of the	37208
Revised Code, necessary for implementing the provisions of this	37209
chapter relating, but not limited to, the following:	37210

(a) The form and manner of filing applications for license;

37211

(b) Times and form of examination for license;

37212

(c) Placing an existing broker's license on deposit or a	37213
salesperson's license on an inactive status for an indefinite	37214
period.	37215

(2) The commission shall adopt reasonable rules in accordance	37216
with Chapter 119. of the Revised Code, for implementing the	37217
provisions of this chapter relating to the following:	37218

(a) The issuance, renewal, suspension, and revocation of	37219
licenses, other sanctions that may be imposed for violations of	37220
this chapter, the conduct of hearings related to these actions,	37221
and the process of reactivating a license;	37222

(b) By not later than January 1, 2004, a three-year license	37223
and a three-year license renewal system;	37224

(c) Standards for the approval of courses of study required	37225
for licenses, or offered in preparation for license examinations,	37226
or required as continuing education for licenses. ~~The rules shall~~	37227
~~specify that no standard for the approval of a course of study~~	37228
~~required as continuing education for licensees shall require that~~	37229
~~licensees pass an examination as a condition for the successful~~	37230
~~completion of a continuing education requirement. A person~~	37231
~~providing a continuing education course may administer~~	37232
~~examinations for the purpose of evaluating the effectiveness of~~	37233
~~the course.~~	37234

(d) Guidelines to ensure that continuing education classes	37235
are open to all persons licensed under this chapter. The rules	37236
shall specify that an organization that sponsors a continuing	37237
education class may offer its members a reasonable reduction in	37238
the fees charged for the class.	37239

(e) Requirements for trust accounts and property management	37240
accounts. The rules shall specify that:	37241

(i) Brokerages engaged in the management of property for	37242
another may, pursuant to a written contract with the property	37243
owner, exercise signatory authority for withdrawals from property	37244
management accounts maintained in the name of the property owner.	37245
The exercise of authority for withdrawals does not constitute a	37246
violation of any provision of division (A) of section 4735.18 of	37247
the Revised Code.	37248

(ii) The interest earned on property management trust	37249
accounts maintained in the name of the property owner or the	37250
broker shall be payable to the property owner unless otherwise	37251
specified in a written contract.	37252

(f) Notice of renewal forms and filing deadlines;

37253

(g) Special assessments under division (A) of section 4735.12	37254
of the Revised Code.	37255

(B) The commission may adopt rules in accordance with Chapter	37256
119. of the Revised Code establishing standards and guidelines	37257
with which the superintendent of real estate shall comply in the	37258
exercise of the following powers:	37259

(1) Appointment and recommendation of ancillary trustees	37260
under section 4735.05 of the Revised Code;	37261

(2) Rejection of names proposed to be used by partnerships,	37262
associations, limited liability companies, limited liability	37263
partnerships, and corporations, under division (A) of section	37264
4735.06 of the Revised Code;	37265

(3) Acceptance and rejection of applications to take the	37266
broker and salesperson examinations and licensure, with	37267
appropriate waivers pursuant to division (E) of section 4735.07	37268
and section 4735.09 of the Revised Code;	37269

(4) Approval of applications of brokers to place their	37270
licenses on deposit and to become salespersons under section	37271
4735.13 of the Revised Code;	37272

(5) Appointment of hearing examiners under section 119.09 of	37273
the Revised Code;	37274

(6) Acceptance and rejection of applications to take the	37275
foreign real estate dealer and salesperson examinations and	37276
licensure, with waiver of examination, under sections 4735.27 and	37277
4735.28 of the Revised Code;	37278

(7) Qualification of foreign real estate under section	37279
4735.25 of the Revised Code.	37280

If at any time there is no rule in effect establishing a	37281
guideline or standard required by this division, the	37282
superintendent may adopt a rule in accordance with Chapter 119. of	37283
the Revised Code for such purpose.	37284

(C) The commission or superintendent may hear testimony in	37285
matters relating to the duties imposed upon them, and the	37286
president of the commission and superintendent may administer	37287
oaths. The commission or superintendent may require other proof of	37288
the honesty, truthfulness, and good reputation of any person named	37289
in an application for a real estate broker's or real estate	37290
salesperson's license before admitting the applicant to the	37291
examination or issuing a license.	37292

Sec. 4735.141. (A) Except as otherwise provided in this	37293
division, each person licensed under section 4735.07 or 4735.09 of	37294
the Revised Code shall submit proof satisfactory to the	37295
superintendent of real estate that the licensee has satisfactorily	37296
completed thirty hours of continuing education, as prescribed by	37297
the Ohio real estate commission pursuant to section 4735.10 of the	37298
Revised Code, on or before the licensee's birthday occurring three	37299
years after the licensee's date of initial licensure, and on or	37300
before the licensee's birthday every three years thereafter.	37301

Persons licensed as real estate salespersons who subsequently	37302
become licensed real estate brokers shall continue to submit proof	37303
of continuing education in accordance with the time period	37304
established in this section.	37305

The requirements of this section shall not apply to any	37306
physically handicapped licensee as provided in division (E) of	37307
this section.	37308

Each licensee who is seventy years of age or older, within a	37309
continuing education reporting period, shall submit proof	37310
satisfactory to the superintendent of real estate that the	37311
licensee has satisfactorily completed a total of nine classroom	37312
hours of continuing education, including instruction in Ohio real	37313
estate law; recently enacted state and federal laws affecting the	37314
real estate industry; municipal, state, and federal civil rights	37315
law; and canons of ethics for the real estate industry as adopted	37316
by the commission. The required proof of completion shall be	37317
submitted on or before the licensee's birthday that falls in the	37318
third year of that continuing education reporting period. A	37319
licensee who is seventy years of age or older whose license is in	37320
an inactive status is exempt from the continuing education	37321
requirements specified in this section. The commission shall adopt	37322
reasonable rules in accordance with Chapter 119. of the Revised	37323
Code to carry out the purposes of this paragraph.	37324

~~A person providing any course of continuing education may~~	37325
~~administer examinations to licensees for the purpose of evaluating~~	37326
~~the effectiveness of the course, but passage of an examination by~~	37327
~~a licensee shall not be a condition for successful completion of~~	37328
~~the continuing education requirements of this section.~~	37329

(B) The continuing education requirements of this section	37330
shall be completed in schools, seminars, and educational	37331
institutions approved by the commission. Such approval shall be	37332
given according to rules established by the commission under the	37333
procedures of Chapter 119. of the Revised Code, and shall not be	37334
limited to institutions providing two-year or four-year degrees.	37335
Each school, seminar, or educational institution approved under	37336
this division shall be open to all licensees on an equal basis.	37337

(C) If the requirements of this section are not met by a	37338
licensee within the period specified, the licensee's license shall	37339
be suspended automatically without the taking of any action by the	37340
superintendent. The superintendent shall notify the licensee of	37341
the license suspension. Any license so suspended shall remain	37342
suspended until it is reactivated by the superintendent. No such	37343
license shall be reactivated until it is established, to the	37344
satisfaction of the superintendent, that the requirements of this	37345
section have been met. If the requirements of this section are not	37346
met within twelve months from the date the license was suspended,	37347
the license shall be revoked automatically without the taking of	37348
any action by the superintendent.	37349

(D) If the license of a real estate broker is suspended	37350
pursuant to division (C) of this section, the license of a real	37351
estate salesperson associated with that broker correspondingly is	37352
suspended pursuant to division (H) of section 4735.20 of the	37353
Revised Code. However, the suspended license of the associated	37354
real estate salesperson shall be reactivated and no fee shall be	37355
charged or collected for that reactivation if all of the following	37356
occur:	37357

(1) That broker subsequently submits proof to the	37358
superintendent that the broker has complied with the requirements	37359
of this section and requests that the broker's license as a real	37360
estate broker be reactivated.	37361

(2) The superintendent then reactivates the broker's license	37362
as a real estate broker.	37363

(3) The associated real estate salesperson intends to	37364
continue to be associated with that broker, has complied with the	37365
requirements of this section, and otherwise is in compliance with	37366
this chapter.	37367

Any person whose license is reactivated pursuant to this	37368
division shall submit proof satisfactory to the superintendent	37369
that the person has completed thirty hours of continuing	37370
education, as prescribed by the Ohio real estate commission, on or	37371
before the third year following the licensee's birthday occurring	37372
immediately after reactivation.	37373

(E) Any licensee who is a physically handicapped licensee at	37374
any time during the last three months of the third year of the	37375
licensee's continuing education reporting period may receive an	37376
extension of time to submit proof to the superintendent that the	37377
licensee has satisfactorily completed the required thirty hours of	37378
continuing education. To receive an extension of time, the	37379
licensee shall submit a request to the division of real estate for	37380
the extension and proof satisfactory to the commission that the	37381
licensee was a physically handicapped licensee at some time during	37382
the last three months of the three-year reporting period. The	37383
proof shall include, but is not limited to, a signed statement by	37384
the licensee's attending physician describing the physical	37385
disability, certifying that the licensee's disability is of such a	37386
nature as to prevent the licensee from attending any instruction	37387
lasting at least three hours in duration, and stating the expected	37388
duration of the physical disability. The licensee shall request	37389
the extension and provide the physician's statement to the	37390
division no later than one month prior to the end of the	37391
licensee's three-year continuing education reporting period,	37392
unless the physical disability did not arise until the last month	37393
of the three-year reporting period, in which event the licensee	37394
shall request the extension and provide the physician's statement	37395
as soon as practical after the occurrence of the physical	37396
disability. A licensee granted an extension pursuant to this	37397
division who is no longer a physically handicapped licensee and	37398
who submits proof of completion of the continuing education during	37399
the extension period, shall submit, for future continuing	37400
education reporting periods, proof of completion of the continuing	37401
education requirements according to the schedule established in	37402
division (A) of this section.	37403

Sec. 4736.01. As used in this chapter:

37404

(A) "Environmental health science" means the aspect of public	37405
health science that includes, but is not limited to, the following	37406
bodies of knowledge: air quality, food quality and protection,	37407
hazardous and toxic substances, consumer product safety, housing,	37408
institutional health and safety, community noise control,	37409
radiation protection, recreational facilities, solid and liquid	37410
waste management, vector control, drinking water quality, milk	37411
sanitation, and rabies control.	37412

(B) "Sanitarian" means a person who performs for compensation	37413
educational, investigational, technical, or administrative duties	37414
requiring specialized knowledge and skills in the field of	37415
environmental health science.	37416

(C) "Registered sanitarian" means a person who is registered	37417
as a sanitarian in accordance with this chapter.	37418

(D) "Sanitarian-in-training" means a person who is registered	37419
as a sanitarian-in-training in accordance with this chapter.	37420

(E) "Practice of environmental health" means consultation,	37421
instruction, investigation, inspection, or evaluation by an	37422
employee of a city health district, a general health district, the	37423
environmental protection agency, the department of health, or the	37424
department of agriculture requiring specialized knowledge,	37425
training, and experience in the field of environmental health	37426
science, with the primary purpose of improving or conducting	37427
administration or enforcement under any of the following:	37428

(1) Chapter 911., 913., 917., 3717., ~~3718.,~~ 3721., 3729., or	37429
3733. of the Revised Code;	37430

(2) Chapter 3734. of the Revised Code as it pertains to solid	37431
waste;	37432

(3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections	37433
3707.38 to 3707.99, or section 3715.21 of the Revised Code;	37434

(4) Rules adopted under section 3701.34 of the Revised Code	37435
pertaining to home sewage, rabies control, or swimming pools;	37436

(5) Rules adopted under section 3701.935 of the Revised Code	37437
for school health and safety network inspections and rules adopted	37438
under section 3707.26 of the Revised Code for sanitary	37439
inspections.	37440

"Practice of environmental health" does not include sampling,	37441
testing, controlling of vectors, reporting of observations, or	37442
other duties that do not require application of specialized	37443
knowledge and skills in environmental health science performed	37444
under the supervision of a registered sanitarian.	37445

The state board of sanitarian registration may further define	37446
environmental health science in relation to specific functions in	37447
the practice of environmental health through rules adopted by the	37448
board under Chapter 119. of the Revised Code.	37449

Sec. 4743.05. Except as otherwise provided in sections	37450
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	37451
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	37452
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	37453
4741., 4753., 4755., 4757., 4758., 4759., 4761., 4766., 4771.,	37454
4775., 4779., and 4781. of the Revised Code shall be paid into the	37455
state treasury to the credit of the occupational licensing and	37456
regulatory fund, which is hereby created for use in administering	37457
such chapters.	37458

At the end of each quarter, the director of budget and	37459
management shall transfer from the occupational licensing and	37460
regulatory fund to the nurse education assistance fund created in	37461
section 3333.28 of the Revised Code the amount certified to the	37462
director under division (B) of section 4723.08 of the Revised	37463
Code.	37464

At the end of each quarter, the director shall transfer from	37465
the occupational licensing and regulatory fund to the certified	37466
public accountant education assistance fund created in section	37467
4701.26 of the Revised Code the amount certified to the director	37468
under division (H)(2) of section 4701.10 of the Revised Code.	37469

Sec. 4755.03. ~~All~~Except as provided in section 4755.99 of	37470
the Revised Code, all fees and fines collected and assessed under	37471
this chapter by the appropriate section of the Ohio occupational	37472
therapy, physical therapy, and athletic trainers board, shall be	37473
deposited into the state treasury to the credit of the	37474
occupational licensing and regulatory fund.	37475

Sec. 4766.05. (A) The Ohio medical transportation board	37476
shall establish by rule a license fee, a permit fee for each	37477
ambulance, ambulette, rotorcraft air ambulance, fixed wing air	37478
ambulance, and nontransport vehicle owned or leased by the	37479
licensee that is or will be used as provided in section 4766.07 of	37480
the Revised Code, and fees for renewals of licenses and permits,	37481
taking into consideration the actual costs incurred by the board	37482
in carrying out its duties under this chapter. However, the fee	37483
for each license and each renewal of a license shall not exceed	37484
one hundred dollars, and the fee for each permit and each renewal	37485
of a permit shall not exceed one hundred dollars for each	37486
ambulance, rotorcraft air ambulance, fixed wing air ambulance, and	37487
nontransport vehicle. The fee for each permit and each renewal of	37488
a permit shall be twenty-five dollars for each ambulette for one	37489
year after ~~the effective date of this amendment~~March 9, 2004.	37490
Thereafter, the board shall determine by rule the fee, which shall	37491
not exceed fifty dollars, for each permit and each renewal of a	37492
permit for each ambulette. For purposes of establishing fees,	37493
"actual costs" includes the costs of salaries, expenses,	37494
inspection equipment, supervision, and program administration.	37495

(B) The board shall deposit all fees and other moneys	37496
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	37497
the Revised Code in the state treasury to the credit of the ~~Ohio~~	37498
~~medical transportation trust~~occupational licensing and regulatory	37499
fund, which is ~~hereby~~ created by section 4743.05 of the Revised	37500
Code. All moneys from the fund shall be used solely for the	37501
salaries and expenses of the board incurred in implementing and	37502
enforcing this chapter.	37503

(C) The board, subject to the approval of the controlling	37504
board, may establish fees in excess of the maximum amounts allowed	37505
under division (A) of this section, but such fees shall not exceed	37506
those maximum amounts by more than fifty per cent.	37507

Sec. 4766.22. (A) Not later than forty-five days after the	37508
end of each fiscal year, the Ohio medical transportation board	37509
shall submit a report to the governor and general assembly that	37510
provides all of the following information for that fiscal year:	37511

(1) The number of each of the following the board issued:

37512

(a) Basic life-support organization licenses;

37513

(b) Intermediate life-support organization licenses;

37514

37515

(d) Mobile intensive care unit organization licenses;

37516

(e) Ambulette service licenses;

37517

(f) Air medical service organization licenses;

37518

(g) Ambulance permits;

37519

(h) Nontransport vehicle permits;

37520

(i) Ambulette vehicle permits;

37521

(j) Rotorcraft air ambulance permits;

37522

(k) Fixed wing air ambulance permits.

37523

(2) The amount of fees the board collected for issuing and	37524
renewing each type of license and permit specified in division	37525
(A)(1) of this section;	37526

(3) The number of inspections the board or a third party on	37527
the board's behalf conducted in connection with each type of	37528
license and permit specified in division (A)(1) of this section	37529
and the amount of fees the board collected for the inspections;	37530

(4) The number of complaints that were submitted to the	37531
board;	37532

(5) The number of investigations the board conducted under	37533
section 4766.11 of the Revised Code;	37534

(6) The number of adjudication hearings the board held and	37535
the outcomes of the adjudications;	37536

(7) The amount of penalties the board imposed and collected	37537
under section 4766.08 of the Revised Code;	37538

(8) Other information the board determines reflects the	37539
board's operations.	37540

(B) The board shall post the annual report required by this	37541
section on its web site and make it available to the public on	37542
request.	37543

Sec. 4775.08. (A) The initial and annual renewal fee for a	37544
motor vehicle collision repair registration certificate and for a	37545
temporary motor vehicle collision repair registration certificate	37546
is one hundred fifty dollars for each business location at which	37547
the motor vehicle collision repair operator conducts business as	37548
an operator, except that the board of motor vehicle collision	37549
repair registration, with the approval of the controlling board,	37550
may establish fees in excess of or less than that amount, provided	37551
that such fees do not exceed or are not less than that amount by	37552
more than fifty per cent.	37553

The board shall adjust the fees as necessary in order to	37554
provide for the expenses associated with carrying out this chapter	37555
~~without causing an excessive build-up of surplus funds in the~~	37556
~~motor vehicle collision repair registration fund, which is hereby~~	37557
~~created in the state treasury~~.	37558

(B) If the board has notified or attempted to notify a motor	37559
vehicle collision repair operator that the operator is required to	37560
be registered under this chapter, and the operator fails to	37561
register, the initial fee for the registration of such an	37562
unregistered operator for each business location at which the	37563
operator conducts business as an operator, is the initial fee then	37564
in effect plus an additional amount equal to the initial fee then	37565
in effect for each calendar year that the operator is not	37566
registered after the board has notified or attempted to notify the	37567
operator.	37568

(C) The board shall deposit all fees and fines collected	37569
under this chapter into the ~~motor vehicle collision repair~~	37570
~~registration fund. The board shall use the fund solely for the~~	37571
~~administration and enforcement of this chapter~~occupational	37572
licensing and regulatory fund created by section 4743.05 of the	37573
Revised Code.	37574

Sec. 4921.40. In accordance with section 4921.04 of the	37575
Revised Code, the public utilities commission may adopt rules:	37576

(A) Providing for binding estimates by motor transportation	37577
companies engaged, for hire, in the business of transporting	37578
household goods over a public highway in this state;	37579

(B) Providing for guaranteed-not-to-exceed estimates by such	37580
motor transportation companies;	37581

(C) Requiring such motor transportation companies to include	37582
their certificate number in all advertising, written estimates,	37583
and contracts related to the transportation of household goods in	37584
this state;	37585

(D) As are necessary and proper to carry out this chapter	37586
with respect to such motor transportation companies;	37587

(E) Providing for the enforcement of the consumer protection	37588
provisions of Title 49 of the United States Code related to the	37589
delivery and transportation of household goods in interstate	37590
commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty	37591
imposed as a result of such enforcement shall be deposited into	37592
the state treasury to the credit of the general revenue fund.	37593

Sec. 4923.26. There is hereby created in the state treasury	37594
the federal commercial vehicle transportation systems fund. The	37595
fund shall consist of money received from the United States	37596
department of transportation's commercial vehicle intelligent	37597
transportation systems infrastructure deployment program. The	37598
public utilities commission shall use the fund to deploy the Ohio	37599
commercial vehicle information systems networks project and to	37600
improve safety of motor carrier operations through electronic	37601
exchange of data by means of on-highway electronic systems.	37602

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	37603
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	37604
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	37605

(B) The department of job and family services shall act as	37606
the single state agency to administer federal payments for foster	37607
care and adoption assistance made pursuant to Title IV-E. The	37608
director of job and family services shall adopt rules to implement	37609
this authority. Rules governing financial and administrative	37610
requirements applicable to public children services agencies and	37611
government entities that provide Title IV-E reimbursable placement	37612
services to children shall be adopted in accordance with section	37613
111.15 of the Revised Code, as if they were internal management	37614
rules. Rules governing requirements applicable to private child	37615
placing agencies and private noncustodial agencies and rules	37616
establishing eligibility, program participation, and other	37617
requirements concerning Title IV-E shall be adopted in accordance	37618
with Chapter 119. of the Revised Code. A public children services	37619
agency to which the department distributes Title IV-E funds shall	37620
administer the funds in accordance with those rules.	37621

(C)(1) The county, on behalf of each child eligible for	37622
foster care maintenance payments under Title IV-E, shall make	37623
payments to cover the cost of providing all of the following:	37624

(a) The child's food, clothing, shelter, daily supervision,	37625
and school supplies;	37626

(b) The child's personal incidentals;

37627

37628

(2) In addition to payments made under division (C)(1) of	37629
this section, the county may, on behalf of each child eligible for	37630
foster care maintenance payments under Title IV-E, make payments	37631
to cover the cost of providing the following:	37632

(a) Liability insurance with respect to the child;

37633

(b) If the county is participating in the demonstration	37634
project established under division (A) of section 5101.142 of the	37635
Revised Code, services provided under the project.	37636

(3) With respect to a child who is in a child-care	37637
institution, including any type of group home designed for the	37638
care of children or any privately operated program consisting of	37639
two or more certified foster homes operated by a common	37640
administrative unit, the foster care maintenance payments made by	37641
the county on behalf of the child shall include the reasonable	37642
cost of the administration and operation of the institution, group	37643
home, or program, as necessary to provide the items described in	37644
divisions (C)(1) and (2) of this section.	37645

(D) To the extent that either foster care maintenance	37646
payments under division (C) of this section or Title IV-E adoption	37647
assistance payments for maintenance costs require the expenditure	37648
of county funds, the board of county commissioners shall report	37649
the nature and amount of each expenditure of county funds to the	37650
department.	37651

(E) The department shall distribute to public children	37652
services agencies that incur and report ~~such~~ expenditures of the	37653
type described in division (D) of this section federal financial	37654
participation received for administrative and training costs	37655
incurred in the operation of foster care maintenance and adoption	37656
assistance programs. The department may withhold not more than	37657
three per cent of the federal financial participation received.	37658
The funds withheld may be used only to fund the following:	37659

(1) The Ohio child welfare training program established under	37660
section 5103.30 of the Revised Code ~~and the~~;	37661

(2) The university partnership program for college and	37662
university students majoring in social work who have committed to	37663
work for a public children services agency upon graduation~~. The~~;	37664

(3) Efforts supporting organizational excellence, including	37665
voluntary activities to be accredited by a nationally recognized	37666
accreditation organization.	37667

The funds withheld shall be in addition to any administration	37668
and training cost for which the department is reimbursed through	37669
its own cost allocation plan.	37670

(F) All federal financial participation funds received by a	37671
county pursuant to this section shall be deposited into the	37672
county's children services fund created pursuant to section	37673
5101.144 of the Revised Code.	37674

(G) The department shall periodically publish and distribute	37675
the maximum amounts that the department will reimburse public	37676
children services agencies for making payments on behalf of	37677
children eligible for foster care maintenance payments.	37678

(H) The department, by and through its director, is hereby	37679
authorized to develop, participate in the development of,	37680
negotiate, and enter into one or more interstate compacts on	37681
behalf of this state with agencies of any other states, for the	37682
provision of medical assistance and other social services to	37683
children in relation to whom all of the following apply:	37684

(1) They have special needs.

37685

(2) This state or another state that is a party to the	37686
interstate compact is providing adoption assistance on their	37687
behalf.	37688

(3) They move into this state from another state or move out	37689
of this state to another state.	37690

Sec. 5101.162. Subject to available federal funds and	37691
appropriations made by the general assembly, the department of job	37692
and family services may, at its sole discretion, use available	37693
federal funds to reimburse county expenditures for county	37694
administration of food stamps or medicaid even though the county	37695
expenditures meet or exceed the maximum allowable reimbursement	37696
amount established by rules adopted under section 5101.161 of the	37697
Revised Code ~~if the board of county commissioners has entered into~~	37698
~~a fiscal agreement with the director of job and family services~~	37699
~~under section 5101.21 of the Revised Code~~. The director may adopt	37700
internal management rules in accordance with section 111.15 of the	37701
Revised Code to implement this section.	37702

Sec. 5101.21. (A) As used in ~~this section, "county signer~~	37703
sections 5101.21 to 5101.212 of the Revised Code:	37704

(1) "County grantee" means all of the following:

37705

~~(1)~~(a) A board of county commissioners;

37706

~~(2)~~(b) A county children services board appointed under	37707
section 5153.03 of the Revised Code ~~if required by division (B) of~~	37708
~~this section to enter into a fiscal agreement~~;	37709

~~(3)~~(c) A county elected official that is a child support	37710
enforcement agency ~~if required by division (B) of this section to~~	37711
~~enter into a fiscal agreement~~.	37712

(2) "County subgrant" means a grant that a county grantee	37713
awards to another entity.	37714

(3) "County subgrant agreement" means an agreement between a	37715
county grantee and another entity under which the county grantee	37716
awards the other entity one or more county subgrants.	37717

(4) "Fiscal biennial period" means a two-year period	37718
beginning on the first day of July of an odd-numbered year and	37719
ending on the last day of June of the next odd-numbered year.	37720

(5) "Grant" means an award for one or more family services	37721
duties of federal financial assistance that a federal agency	37722
provides in the form of money, or property in lieu of money, to	37723
the department of job and family services and that the department	37724
awards to a county grantee. "Grant" may include state funds the	37725
department awards to a county grantee to match the federal	37726
financial assistance. "Grant" does not mean either of the	37727
following:	37728

(a) Technical assistance that provides services instead of	37729
money;	37730

(b) Other assistance provided in the form of revenue sharing,	37731
loans, loan guarantees, interest subsidies, or insurance.	37732

(6) "Grant agreement" means an agreement between the	37733
department of job and family services and a county grantee under	37734
which the department awards the county grantee one or more grants.	37735

(B) ~~The~~Effective July 1, 2008, the director of job and	37736
family services may award grants to counties only through grant	37737
agreements entered into under this section.	37738

(C) The director shall enter into one or more written ~~fiscal~~	37739
grant agreements with ~~boards of~~the county ~~commissioners under~~	37740
~~which financial assistance is awarded for family services duties~~	37741
~~included in the agreements~~grantees of each county. ~~Boards of~~	37742
~~county commissioners shall select which family services duties to~~	37743
~~include in a fiscal agreement. If a board of county commissioners~~	37744
~~elects to include family services duties of a public children~~	37745
~~services agency and a county children services board appointed~~	37746
~~under section 5153.03 of the Revised Code serves as the county's~~	37747
~~public children services agency, the board of county commissioners~~	37748
~~and county children services board shall jointly enter into the~~	37749
~~fiscal agreement with the director. If a board of county~~	37750
~~commissioners elects to include family services duties of a child~~	37751
~~support enforcement agency and the entity designated under former~~	37752
~~section 2301.35 of the Revised Code prior to October 1, 1997, or~~	37753
~~designated under section 307.981 of the Revised Code as the~~	37754
~~county's child support enforcement agency is an elected official~~	37755
~~of the county, the board of county commissioners and county~~	37756
~~elected official~~If a county has multiple county grantees, the	37757
director shall jointly enter into the ~~fiscal~~grant agreement with	37758
~~the director~~all of the county grantees. The initial grant	37759
agreement shall be entered into not later than January 31, 2008,	37760
and shall be in effect for fiscal year 2009. Except as provided in	37761
rules adopted under this section, subsequent grant agreements	37762
shall be entered into before the first day of each successive	37763
fiscal biennial period and shall be in effect for that fiscal	37764
biennial period or, in the case of a grant agreement entered into	37765
after the first day of a fiscal biennial period and except as	37766
provided by section 5101.211 of the Revised Code, for the	37767
remainder of the fiscal biennial period. A ~~fiscal~~grant agreement	37768
shall do all of the following:	37769

(1) Comply with all of the conditions, requirements, and	37770
restrictions applicable to the family services duties for which	37771
the grants included in the agreement are awarded, including the	37772
conditions, requirements, and restrictions established by the	37773
department, federal or state law, state plans for receipt of	37774
federal financial participation, agreements between the department	37775
and a federal agency, and executive orders issued by the governor;	37776

(2) Establish terms and conditions governing the	37777
accountability for and use of the grants included in the grant	37778
agreement;	37779

(3) Specify ~~the~~both of the following:

37780

(a) The family services duties ~~included in the agreement and~~	37781
~~the~~for which the grants included in the agreement are awarded;	37782

(b) The private and government entities designated under	37783
section 307.981 of the Revised Code to serve as the county family	37784
services agencies performing the family services duties;	37785

~~(2)~~(4) Provide for the department of job and family services	37786
to award ~~financial assistance for~~ the ~~family services duties~~	37787
grants included in the agreement in accordance with a methodology	37788
for determining the amount of the award established by rules	37789
adopted under ~~division (D) of~~ this section;	37790

~~(3)~~(5) Specify the form of the ~~award of financial assistance~~	37791
grants which may be ~~an allocation,~~a cash draw, reimbursement,	37792
property, advance, working capital advance, or~~, to the extent~~	37793
~~authorized by an appropriation made by the general assembly and to~~	37794
~~the extent practicable and not in conflict with a federal or state~~	37795
~~law, a consolidated funding allocation for two or more family~~	37796
~~services duties included in the agreement~~other forms specified in	37797
rules adopted under this section;	37798

~~(4)~~(6) Provide that the ~~award of financial assistance is~~	37799
grants are subject to the availability of federal funds and	37800
appropriations made by the general assembly;	37801

~~(5)~~(7) Specify annual financial, administrative, or other	37802
incentive awards, if any, to be provided in accordance with	37803
section 5101.23 of the Revised Code;	37804

~~(6)~~(8) Include the assurance of each county ~~signer~~grantee	37805
that the county ~~signer~~grantee will do all of the following:	37806

(a) Ensure that the ~~financial assistance awarded under~~grants	37807
included in the agreement isare used, and the family services	37808
duties ~~included in~~for which the ~~agreement~~grants are awarded are	37809
performed, in accordance with conditions, requirements ~~for~~, and	37810
restrictions applicable to the duties established by the	37811
department, a federal or state law, ~~or any of the following that~~	37812
~~concern the family services duties included in the fiscal~~	37813
~~agreement and are published under section 5101.212 of the Revised~~	37814
~~Code:~~ state plans for receipt of federal financial participation,	37815
~~grant~~ agreements between the department and a federal agency, and	37816
executive orders issued by the governor;	37817

(b) ~~Ensure that the board and county family services agencies~~	37818
~~utilize~~Utilize a financial management system and other	37819
accountability mechanisms for the ~~financial assistance~~grants	37820
awarded under the agreement that meet requirements the department	37821
establishes;	37822

(c) ~~Require the county family services agencies to do both~~Do	37823
all of the following with regard to a county subgrant:	37824

(i) Award the subgrant through a written county subgrant	37825
agreement that requires the entity awarded the county subgrant to	37826
comply with all conditions, requirements, and restrictions	37827
applicable to the county grantee regarding the grant that the	37828
county grantee subgrants to the entity, including the conditions,	37829
requirements, and restrictions of this section;	37830

(ii) Monitor ~~all private and government entities~~the entity	37831
that ~~receive a payment from financial assistance~~is awarded ~~under~~	37832
the ~~agreement~~subgrant to ensure that ~~each~~the entity uses the	37833
~~payment~~subgrant in accordance with conditions, requirements ~~for~~,	37834
and restrictions applicable to the family services duties ~~included~~	37835
infor which the ~~agreement~~subgrant is awarded;	37836

~~(ii)~~(iii) Take action to recover ~~payments~~subgrants that are	37837
not used in accordance with the conditions, requirements ~~for~~, or	37838
restrictions applicable to the family services duties ~~included in~~	37839
for which the ~~agreement~~subgrant is awarded.	37840

(d) ~~Require county family services agencies to promptly~~	37841
Promptly reimburse the department the amount that represents the	37842
amount ~~an agency~~the county grantee is responsible for, pursuant	37843
to action the department takes under division (C) of section	37844
5101.24 of the Revised Code, of funds the department pays to any	37845
entity because of an adverse audit finding, adverse quality	37846
control finding, final disallowance of federal financial	37847
participation, or other sanction or penalty;	37848

(e) ~~Require county family services agencies to take~~Take	37849
prompt corrective action, including paying amounts resulting from	37850
an adverse finding, sanction, or penalty, if the department,	37851
auditor of state, federal agency, or other entity authorized by	37852
federal or state law to determine compliance with the conditions,	37853
requirements ~~for~~, and restrictions applicable to a family services	37854
duty for which a grant included in the agreement is awarded	37855
determines compliance has not been achieved;	37856

(f) Ensure that any matching funds, regardless of the source,	37857
that the county grantee manages are clearly identified and used in	37858
accordance with federal and state laws and the agreement.	37859

~~(7)~~(9) Provide for the department taking action pursuant to	37860
division (C) of section 5101.24 of the Revised Code if authorized	37861
by division (B)(1), (2), (3), or (4) of that section;	37862

~~(8)~~(10) Provide for the department to do all of the	37863
following:	37864

(a) Provide the county grantee timely and clear written	37865
explanations, and consistent and accurate interpretations, of the	37866
conditions, requirements, and restrictions applicable to the	37867
family services duties for which the grants included in the	37868
agreement are awarded;	37869

(b) Provide the personnel of the county grantee and county	37870
family services agencies, as appropriate, timely and accessible	37871
training regarding changes to the conditions, requirements, and	37872
restrictions applicable to the family services duties for which	37873
the grants included in the agreement are awarded;	37874

(c) Provide a county family services agency technical	37875
assistance necessary for the county family services agency to be	37876
able to implement a family services duty for which a grant	37877
included in the agreement is awarded efficiently and in compliance	37878
with the conditions, requirements, and restrictions applicable to	37879
the family services duty;	37880

(d) Monitor county family services agencies' implementation	37881
of the family services duties for which the grants included in the	37882
agreement are awarded during the period for which the grant is	37883
made to identify problems that can be corrected before the	37884
problems are identified in an audit;	37885

(e) Assist the county grantee to resolve an adverse audit	37886
finding by the federal government, auditor of state, or other	37887
entity by providing the county grantee copies of the department's	37888
directives, assistance in documenting the department's efforts to	37889
work with the county grantee or a county family services agency to	37890
correct problems, and other assistance.	37891

(11) Provide for timely audits required by federal and state	37892
law and require prompt release of audit findings and prompt action	37893
to correct problems identified in an audit;	37894

~~(9) Comply with all of the requirements for the family~~	37895
~~services duties that are included in the agreement and have been~~	37896
~~established by the department, federal or state law, or any of the~~	37897
~~following that concern the family services duties included in the~~	37898
~~fiscal agreement and are published under section 5101.212 of the~~	37899
~~Revised Code: state plans for receipt of federal financial~~	37900
~~participation, grant agreements between the department and a~~	37901
~~federal agency, and executive orders issued by the governor;~~	37902

~~(10)~~(12) Provide for ~~dispute resolution~~administrative review	37903
procedures in accordance with section 5101.24 of the Revised Code;	37904

~~(11)~~(13) Establish the method of amending or terminating the	37905
agreement and an expedited process for correcting terms or	37906
conditions of the agreement that the director and each county	37907
~~signer~~grantee agree are erroneous;	37908

~~(12) Except as provided in rules adopted under division (D)~~	37909
~~of this section, begin on the first day of July of an odd-numbered~~	37910
~~year and end on the last day of June of the next odd-numbered~~	37911
~~year~~.	37912

~~(C)~~(D) A grant agreement does not have to be amended for a	37913
county grantee to be required to comply with a new or amended	37914
condition, requirement, or restriction for a family services duty	37915
established by federal or state law, state plan for receipt of	37916
federal financial participation, agreement between the department	37917
and a federal agency, or executive order issued by the governor.	37918

(E) The department shall make payments authorized by a ~~fiscal~~	37919
grant agreement on vouchers it prepares and may include any funds	37920
appropriated or allocated to it for carrying out family services	37921
duties for which a grant included in the agreement is awarded,	37922
including funds for personal services and maintenance.	37923

~~(D)~~(F)(1) The director shall adopt rules in accordance with	37924
section 111.15 of the Revised Code governing ~~fiscal~~grant	37925
agreements. The director shall adopt the rules as if they were	37926
internal management rules. Before adopting the rules, the director	37927
shall give the public an opportunity to review and comment on the	37928
proposed rules. The rules shall establish methodologies to be used	37929
to determine the amount of ~~financial assistance to be awarded~~	37930
~~under~~the grants included in the agreements. The rules also shall	37931
establish terms and conditions under which an agreement may be	37932
entered into after the first day of ~~July of an odd-numbered year~~a	37933
fiscal biennial period. The rules may do any or all of the	37934
following:	37935

(a) Govern the award of grants included in grant agreements,	37936
including the establishment of ~~allocations~~, and restrictions on,	37937
the form of the grants and the distribution of the grants;	37938

(b) Specify allowable uses of ~~financial assistance awarded~~	37939
~~under~~the grants included in the agreements;	37940

(c) Establish reporting, cash management, audit, and other	37941
requirements the director determines are necessary to provide	37942
accountability for the use of ~~financial assistance awarded under~~	37943
the grants included in the agreements and determine compliance	37944
with conditions, requirements, and restrictions established by the	37945
department, a federal or state law, ~~or any of the following that~~	37946
~~concern the family services duties included in the agreements and~~	37947
~~are published under section 5101.212 of the Revised Code:~~ state	37948
plans for receipt of federal financial participation, ~~grant~~	37949
agreements between the department and a federal ~~entity~~agency, and	37950
executive orders issued by the governor.	37951

(2) A requirement of a ~~fiscal~~grant agreement established by	37952
a rule adopted under this division is applicable to a ~~fiscal~~grant	37953
agreement without having to be restated in the ~~fiscal~~grant	37954
agreement. A requirement established by a grant agreement is	37955
applicable to the grant agreement without having to be restated in	37956
a rule.	37957

Sec. 5101.211. ~~(A) Except as provided in division (B) of~~	37958
~~this section, the~~The director of job and family services may	37959
provide for a ~~fiscal~~grant agreement entered into under section	37960
5101.21 of the Revised Code to have a retroactive effective date	37961
of the first day of July of an odd-numbered year if both of the	37962
following are the case:	37963

~~(1)~~(A) The agreement is entered into after that date and	37964
before the last day of that July.	37965

~~(2)~~(B) The board of county commissioners requests the	37966
retroactive effective date and provides the director good cause	37967
satisfactory to the director for the reason the agreement was not	37968
entered into on or before the first day of that July.	37969

~~(B) The director may provide for a fiscal agreement to have a~~	37970
~~retroactive effective date of July 1, 2003, if both of the~~	37971
~~following are the case:~~	37972

~~(1) The agreement is entered into after July 1, 2003, and~~	37973
~~before August 29, 2003.~~	37974

~~(2) The board of county commissioners requests the~~	37975
~~retroactive effective date.~~	37976

Sec. 5101.212. The department of job and family services	37977
shall publish in a manner accessible to the public all of the	37978
following that concern family services duties for which grants	37979
included in ~~fiscal~~grant agreements entered into under section	37980
5101.21 of the Revised Code are awarded: state plans for receipt	37981
of federal financial participation, ~~grant~~ agreements between the	37982
department and a federal agency, and executive orders issued by	37983
the governor. The department may publish the materials	37984
electronically or otherwise.	37985

Sec. 5101.213. (A) ~~Except as provided in section 5101.211 of~~	37986
~~the Revised Code, if a fiscal agreement under section 5101.21 of~~	37987
~~the Revised Code between the director of job and family services~~	37988
~~and a board of county commissioners is not in effect~~Until July 1,	37989
2008, all of the following apply:	37990

(1) ~~The~~For each board of county commissioners, the	37991
department of job and family services shall award to the county	37992
the board serves financial assistance for family services duties	37993
in accordance with a methodology for determining the amount of the	37994
award established by rules adopted under division (B) of this	37995
section.	37996

(2) The financial assistance may be provided in the form of	37997
allocations, cash draws, reimbursements, and property but may not	37998
be made in the form of a consolidated funding allocation.	37999

(3) The award of the financial assistance is subject to the	38000
availability of federal funds and appropriations made by the	38001
general assembly.	38002

(4) The county family services agencies performing the family	38003
services duties for which the financial assistance is awarded	38004
shall do all of the following:	38005

(a) Use the financial assistance, and perform the family	38006
services duties, in accordance with requirements for the duties	38007
established by the department, a federal or state law, or any of	38008
the following that concern the duties: state plans for receipt of	38009
federal financial participation, grant agreements between the	38010
department and a federal agency, and executive orders issued by	38011
the governor;	38012

(b) Utilize a financial management system and other	38013
accountability mechanisms for the financial assistance that meet	38014
requirements the department establishes;	38015

(c) Monitor all private and government entities that receive	38016
a payment from the financial assistance to ensure that each entity	38017
uses the payment in accordance with requirements for the family	38018
services duties and take action to recover payments that are not	38019
used in accordance with the requirements for the family services	38020
duties;	38021

(d) Promptly reimburse the department the amount that	38022
represents the amount an agency is responsible for, pursuant to	38023
action the department takes under division (C) of section 5101.24	38024
of the Revised Code, of funds the department pays to any entity	38025
because of an adverse audit finding, adverse quality control	38026
finding, final disallowance of federal financial participation, or	38027
other sanction or penalty;	38028

(e) Take prompt corrective action, including paying amounts	38029
resulting from an adverse finding, sanction, or penalty, if the	38030
department, auditor of state, federal agency, or other entity	38031
authorized by federal or state law to determine compliance with	38032
requirements for a family services duty determines compliance has	38033
not been achieved.	38034

(B) The director shall adopt rules in accordance with section	38035
111.15 of the Revised Code as necessary to implement this section.	38036
The director shall adopt the rules as if they were internal	38037
management rules. Before adopting the rules, the director shall	38038
give the public an opportunity to review and comment on the	38039
proposed rules. The rules shall establish methodologies to be used	38040
to determine the amount of financial assistance to be awarded and	38041
may do any or all of the following:	38042

(1) Govern the establishment of funding allocations;

38043

(2) Specify allowable uses of financial assistance the	38044
department awards under this section;	38045

(3) Establish reporting, cash management, audit, and other	38046
requirements the director determines are necessary to provide	38047
accountability for the use of the financial assistance and	38048
determine compliance with requirements established by the	38049
department, a federal or state law, or any of the following that	38050
concern the family services duties for which the financial	38051
assistance is awarded: state plans for receipt of federal	38052
financial participation, grant agreements between the department	38053
and a federal entity, and executive orders issued by the governor.	38054

Sec. 5101.24. (A) As used in this section, "responsible	38055
~~entity~~county grantee" means ~~a board of county commissioners or a~~	38056
~~county family services agency,~~ whichever county grantee, as	38057
defined in section 5101.21 of the Revised Code, the director of	38058
job and family services determines is appropriate to take action	38059
against under division (C) of this section.	38060

(B) Regardless of whether a family services duty is performed	38061
by a county family services agency, private or government entity	38062
pursuant to a contract entered into under section 307.982 of the	38063
Revised Code or division (C)(2) of section 5153.16 of the Revised	38064
Code, or private or government provider of a family service duty,	38065
the department of job and family services may take action under	38066
division (C) of this section against the responsible ~~entity~~county	38067
grantee if the department determines any of the following are the	38068
case:	38069

(1) A requirement of a ~~fiscal~~grant agreement entered into	38070
under section 5101.21 of the Revised Code that includes a grant	38071
for the family services duty, including a requirement for ~~fiscal~~	38072
grant agreements established by rules adopted under that section,	38073
is not complied with;	38074

(2) A county family services agency fails to develop, submit	38075
to the department, or comply with a corrective action plan under	38076
division (B) of section 5101.221 of the Revised Code, or the	38077
department disapproves the agency's corrective action plan	38078
developed under division (B) of section 5101.221 of the Revised	38079
Code;	38080

(3) A requirement for the family services duty established by	38081
the department or any of the following is not complied with: a	38082
federal or state law, state plan for receipt of federal financial	38083
participation, grant agreement between the department and a	38084
federal agency, or executive order issued by the governor;	38085

(4) The responsible ~~entity~~county grantee is solely or	38086
partially responsible, as determined by the director of job and	38087
family services, for an adverse audit finding, adverse quality	38088
control finding, final disallowance of federal financial	38089
participation, or other sanction or penalty regarding the family	38090
services duty.	38091

(C) The department may take one or more of the following	38092
actions against the responsible ~~entity~~county grantee when	38093
authorized by division (B)(1), (2), (3), or (4) of this section:	38094

(1) Require the responsible ~~entity~~county grantee to comply	38095
with a corrective action plan pursuant to a time schedule	38096
specified by the department. The corrective action plan shall be	38097
established or approved by the department and shall not require a	38098
county ~~family services agency~~grantee to commit resources to the	38099
plan.	38100

(2) Require the responsible ~~entity~~county grantee to comply	38101
with a corrective action plan pursuant to a time schedule	38102
specified by the department. The corrective action plan shall be	38103
established or approved by the department and require a county	38104
~~family services agency~~grantee to commit to the plan existing	38105
resources identified by the agency.	38106

(3) Require the responsible ~~entity~~county grantee to do one	38107
of the following:	38108

(a) Share with the department a final disallowance of federal	38109
financial participation or other sanction or penalty;	38110

(b) Reimburse the department the final amount the department	38111
pays to the federal government or another entity that represents	38112
the amount the responsible ~~entity~~county grantee is responsible	38113
for of an adverse audit finding, adverse quality control finding,	38114
final disallowance of federal financial participation, or other	38115
sanction or penalty issued by the federal government, auditor of	38116
state, or other entity;	38117

(c) Pay the federal government or another entity the final	38118
amount that represents the amount the responsible ~~entity~~county	38119
grantee is responsible for of an adverse audit finding, adverse	38120
quality control finding, final disallowance of federal financial	38121
participation, or other sanction or penalty issued by the federal	38122
government, auditor of state, or other entity;	38123

(d) Pay the department the final amount that represents the	38124
amount the responsible ~~entity~~county grantee is responsible for of	38125
an adverse audit finding or adverse quality control finding.	38126

(4) Impose an administrative sanction issued by the	38127
department against the responsible ~~entity~~county grantee. A	38128
sanction may be increased if the department has previously taken	38129
action against the responsible entity under this division.	38130

(5) Perform, or contract with a government or private entity	38131
for the entity to perform, the family services duty until the	38132
department is satisfied that the responsible ~~entity~~county grantee	38133
ensures that the duty will be performed satisfactorily. If the	38134
department performs or contracts with an entity to perform a	38135
family services duty under division (C)(5) of this section, the	38136
department may do either or both of the following:	38137

(a) Spend funds in the county treasury appropriated by the	38138
board of county commissioners for the duty;	38139

(b) Withhold funds allocated or reimbursements due to the	38140
responsible ~~entity~~county grantee for the duty and spend the funds	38141
for the duty.	38142

(6) Request that the attorney general bring mandamus	38143
proceedings to compel the responsible ~~entity~~county grantee to	38144
take or cease the action that causes division (B)(1), (2), (3), or	38145
(4) of this section to apply. The attorney general shall bring	38146
mandamus proceedings in the Franklin county court of appeals at	38147
the department's request.	38148

(7) If the department takes action under this division	38149
because of division (B)(3) of this section, temporarily withhold	38150
funds allocated or reimbursement due to the responsible ~~entity~~	38151
county grantee until the department determines that the	38152
responsible ~~entity~~county grantee is in compliance with the	38153
requirement. The department shall release the funds when the	38154
department determines that compliance has been achieved.	38155

(D) If the department proposes to take action against the	38156
responsible ~~entity~~county grantee under division (C) of this	38157
section, the department shall notify the responsible ~~entity~~county	38158
grantee, director of the appropriate county family services	38159
agency, and county auditor. The notice shall be in writing and	38160
specify the action the department proposes to take. The department	38161
shall send the notice by regular United States mail.	38162

Except as provided by division (E) of this section, the	38163
responsible ~~entity~~county grantee may request an administrative	38164
review of a proposed action in accordance with administrative	38165
review procedures the department shall establish. The	38166
administrative review procedures shall comply with all of the	38167
following:	38168

(1) A request for an administrative review shall state	38169
specifically all of the following:	38170

(a) The proposed action specified in the notice from the	38171
department for which the review is requested;	38172

(b) The reason why the responsible ~~entity~~county grantee	38173
believes the proposed action is inappropriate;	38174

(c) All facts and legal arguments that the responsible ~~entity~~	38175
county grantee wants the department to consider;	38176

(d) The name of the person who will serve as the responsible	38177
~~entity's~~county grantee's representative in the review.	38178

(2) If the department's notice specifies more than one	38179
proposed action and the responsible ~~entity~~county grantee does not	38180
specify all of the proposed actions in its request pursuant to	38181
division (D)(1)(a) of this section, the proposed actions not	38182
specified in the request shall not be subject to administrative	38183
review and the parts of the notice regarding those proposed	38184
actions shall be final and binding on the responsible ~~entity~~	38185
county grantee.	38186

(3) In the case of a proposed action under division (C)(1) of	38187
this section, the responsible ~~entity~~county grantee shall have	38188
fifteen calendar days after the department mails the notice to the	38189
responsible ~~entity~~county grantee to send a written request to the	38190
department for an administrative review. If it receives such a	38191
request within the required time, the department shall postpone	38192
taking action under division (C)(1) of this section for fifteen	38193
calendar days following the day it receives the request or	38194
extended period of time provided for in division (D)(5) of this	38195
section to allow a representative of the department and a	38196
representative of the responsible ~~entity~~county grantee an	38197
informal opportunity to resolve any dispute during that	38198
fifteen-day or extended period.	38199

(4) In the case of a proposed action under division (C)(2),	38200
(3), (4), (5), or (7) of this section, the responsible ~~entity~~	38201
county grantee shall have thirty calendar days after the	38202
department mails the notice to the responsible ~~entity~~county	38203
grantee to send a written request to the department for an	38204
administrative review. If it receives such a request within the	38205
required time, the department shall postpone taking action under	38206
division (C)(2), (3), (4), (5), or (7) of this section for thirty	38207
calendar days following the day it receives the request or	38208
extended period of time provided for in division (D)(5) of this	38209
section to allow a representative of the department and a	38210
representative of the responsible ~~entity~~county grantee an	38211
informal opportunity to resolve any dispute during that thirty-day	38212
or extended period.	38213

(5) If the informal opportunity provided in division (D)(3)	38214
or (4) of this section does not result in a written resolution to	38215
the dispute within the fifteen- or thirty-day period, the director	38216
of job and family services and representative of the responsible	38217
~~entity~~county grantee may enter into a written agreement extending	38218
the time period for attempting an informal resolution of the	38219
dispute under division (D)(3) or (4) of this section.	38220

(6) In the case of a proposed action under division (C)(3) of	38221
this section, the responsible ~~entity~~county grantee may not	38222
include in its request disputes over a finding, final disallowance	38223
of federal financial participation, or other sanction or penalty	38224
issued by the federal government, auditor of state, or entity	38225
other than the department.	38226

(7) If the responsible ~~entity~~county grantee fails to request	38227
an administrative review within the required time, the responsible	38228
~~entity~~county grantee loses the right to request an administrative	38229
review of the proposed actions specified in the notice and the	38230
notice becomes final and binding on the responsible ~~entity~~county	38231
grantee.	38232

(8) If the informal opportunity provided in division (D)(3)	38233
or (4) of this section does not result in a written resolution to	38234
the dispute within the time provided by division (D)(3), (4), or	38235
(5) of this section, the director shall appoint an administrative	38236
review panel to conduct the administrative review. The review	38237
panel shall consist of department employees and one director or	38238
other representative of the type of county family services agency	38239
that is responsible for the kind of family services duty that is	38240
the subject of the dispute and serves a different county than the	38241
county served by the responsible ~~entity~~county grantee. No	38242
individual involved in the department's proposal to take action	38243
against the responsible ~~entity~~county grantee may serve on the	38244
review panel. The review panel shall review the responsible	38245
~~entity's~~county grantee's request. The review panel may require	38246
that the department or responsible ~~entity~~county grantee submit	38247
additional information and schedule and conduct an informal	38248
hearing to obtain testimony or additional evidence. A review of a	38249
proposal to take action under division (C)(3) of this section	38250
shall be limited solely to the issue of the amount the responsible	38251
~~entity~~county grantee shall share with the department, reimburse	38252
the department, or pay to the federal government, department, or	38253
other entity under division (C)(3) of this section. The review	38254
panel is not required to make a stenographic record of its hearing	38255
or other proceedings.	38256

(9) After finishing an administrative review, an	38257
administrative review panel appointed under division (D)(8) of	38258
this section shall submit a written report to the director setting	38259
forth its findings of fact, conclusions of law, and	38260
recommendations for action. The director may approve, modify, or	38261
disapprove the recommendations. If the director modifies or	38262
disapproves the recommendations, the director shall state the	38263
reasons for the modification or disapproval and the actions to be	38264
taken against the responsible ~~entity~~county grantee.	38265

(10) The director's approval, modification, or disapproval	38266
under division (D)(9) of this section shall be final and binding	38267
on the responsible ~~entity~~county grantee and shall not be subject	38268
to further departmental review.	38269

(E) The responsible ~~entity~~county grantee is not entitled to	38270
an administrative review under division (D) of this section for	38271
any of the following:	38272

(1) An action taken under division (C)(6) of this section;

38273

(2) An action taken under section 5101.242 of the Revised	38274
Code;	38275

(3) An action taken under division (C)(3) of this section if	38276
the federal government, auditor of state, or entity other than the	38277
department has identified the responsible county ~~family services~~	38278
~~agency~~grantee as being solely or partially responsible for an	38279
adverse audit finding, adverse quality control finding, final	38280
disallowance of federal financial participation, or other sanction	38281
or penalty;	38282

(4) An adjustment to an allocation, cash draw, advance, or	38283
reimbursement to a responsible county ~~family services agency~~	38284
grantee that the department determines necessary for budgetary	38285
reasons;	38286

(5) Withholding of a cash draw or reimbursement due to	38287
noncompliance with a reporting requirement established in rules	38288
adopted under section 5101.243 of the Revised Code.	38289

(F) This section does not apply to other actions the	38290
department takes against the responsible ~~entity~~county grantee	38291
pursuant to authority granted by another state law unless the	38292
other state law requires the department to take the action in	38293
accordance with this section.	38294

(G) The director of job and family services may adopt rules	38295
in accordance with Chapter 119. of the Revised Code as necessary	38296
to implement this section.	38297

Sec. 5101.242. The department of job and family services may	38298
certify a claim to the attorney general under section 131.02 of	38299
the Revised Code for the attorney general to take action under	38300
that section against a responsible county grantee or responsible	38301
entity to recover any funds that the department determines the	38302
responsible county grantee or responsible entity owes the	38303
department for actions taken under division (C)(2), (3), (4), or	38304
(5) of section 5101.24 or 5101.241 of the Revised Code.	38305

Sec. 5101.244. If ~~a county family services agency submits an~~	38306
~~expenditure report to~~ the department of job and family services	38307
~~and the department subsequently~~ determines that a grant awarded to	38308
a county grantee in a grant agreement entered into under section	38309
5101.21 of the Revised Code, an allocation, advance, or	38310
reimbursement the department makes to ~~the~~a county family services	38311
agency, or a cash draw ~~the~~a county family services agency makes,	38312
~~for an expenditure~~ exceeds the allowable amount for the	38313
~~expenditure~~grant, allocation, advance, reimbursement, or cash	38314
draw, the department may adjust, offset, withhold, or reduce an	38315
allocation, cash draw, advance, reimbursement, or other financial	38316
assistance to the county grantee or county family services agency	38317
as necessary to recover the amount of the excess grant,	38318
allocation, advance, reimbursement, or cash draw. The department	38319
is not required to make the adjustment, offset, withholding, or	38320
reduction in accordance with section 5101.24 of the Revised Code.	38321

The director of job and family services may adopt rules under	38322
section 111.15 of the Revised Code as necessary to implement this	38323
section. The director shall adopt the rules as if they were	38324
internal management rules.	38325

Sec. 5101.27. (A) Except as permitted by this section,	38326
section 5101.272, 5101.28, or 5101.29 of the Revised Code, or the	38327
rules adopted under division (A) of section 5101.30 of the Revised	38328
Code, or required by federal law, no person or government entity	38329
shall solicit, disclose, receive, use, or knowingly permit, or	38330
participate in the use of any information regarding a public	38331
assistance recipient for any purpose not directly connected with	38332
the administration of a public assistance program.	38333

(B) To the extent permitted by federal law, the department of	38334
job and family services and county agencies shall do all of the	38335
following:	38336

(1) Release information regarding a public assistance	38337
recipient for purposes directly connected to the administration of	38338
the program to a government entity responsible for administering	38339
that public assistance program;	38340

(2) Provide information regarding a public assistance	38341
recipient to a law enforcement agency for the purpose of any	38342
investigation, prosecution, or criminal or civil proceeding	38343
relating to the administration of that public assistance program;	38344

(3) Provide, for purposes directly connected to the	38345
administration of a program that assists needy individuals with	38346
the costs of public utility services, information regarding a	38347
recipient of financial assistance provided under a program	38348
administered by the department or a county agency pursuant to	38349
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	38350
5115.07 of the Revised Code to an entity administering the public	38351
utility services program.	38352

(C) To the extent permitted by federal law and section	38353
1347.08 of the Revised Code, the department and county agencies	38354
shall provide access to information regarding a public assistance	38355
recipient to all of the following:	38356

(1) The recipient;

38357

(2) The authorized representative;

38358

(3) The legal guardian of the recipient;

38359

(4) The attorney of the recipient, if the attorney has	38360
written authorization that complies with section 5101.271 of the	38361
Revised Code from the recipient.	38362

(D) To the extent permitted by federal law and subject to	38363
division (E) of this section, the department and county agencies	38364
may do both of the following:	38365

(1) Release information about a public assistance recipient	38366
if the recipient gives voluntary, written authorization that	38367
complies with section 5101.271 of the Revised Code;	38368

(2) Release information regarding a public assistance	38369
recipient to a state, federal, or federally assisted program that	38370
provides cash or in-kind assistance or services directly to	38371
individuals based on need or for the purpose of protecting	38372
children to a government entity responsible for administering a	38373
children's protective services program.	38374

(E) Except when the release is required by division (B), (C),	38375
or (D)(2) of this section, the department or county agency shall	38376
release the information only in accordance with the authorization.	38377
The department or county agency shall provide, at no cost, a copy	38378
of each written authorization to the individual who signed it.	38379

(F) The department or county agency may release information	38380
under division (D) of this section concerning the receipt of	38381
medical assistance provided under a public assistance program only	38382
if all of the following conditions are met:	38383

(1) The release of information is for purposes directly	38384
connected to the administration of or provision of medical	38385
assistance provided under a public assistance program;	38386

(2) The information is released to persons or government	38387
entities that are subject to standards of confidentiality and	38388
safeguarding information substantially comparable to those	38389
established for medical assistance provided under a public	38390
assistance program;	38391

(3) The department or county agency has obtained an	38392
authorization consistent with section 5101.271 of the Revised	38393
Code.	38394

(G) Information concerning the receipt of medical assistance	38395
provided under a public assistance program may be released only if	38396
the release complies with this section and rules adopted by the	38397
department pursuant to section 5101.30 of the Revised Code or, if	38398
more restrictive, the Health Insurance Portability and	38399
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	38400
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	38401
the United States department of health and human services to	38402
implement the act.	38403

(H) The department of job and family services may adopt rules	38404
defining "authorized representative" for purposes of division	38405
(C)(2) of this section.	38406

Sec. 5101.272. Not later than August 31, 2007, the director	38407
of job and family services shall submit a report to the general	38408
assembly on the costs and potential three-year cost savings	38409
associated with participation in the federally-administered public	38410
assistance reporting information system. If cost savings are	38411
indicated in the report, not later than October 1, 2007, the	38412
department of job and family services shall enter into any	38413
necessary agreements with the United States department of health	38414
and human services and neighboring states to join and participate	38415
as an active member in the public assistance reporting information	38416
system. The department may disclose information regarding a public	38417
assistance recipient to the extent necessary to participate as an	38418
active member in the public assistance reporting information	38419
system.	38420

Sec. 5101.51. In accordance with federal law governing the	38421
children's health insurance program, the director of job and	38422
family services may submit a state child health plan to the United	38423
States secretary of health and human services to provide, except	38424
as provided in section 5101.516 of the Revised Code, health	38425
assistance to uninsured individuals under nineteen years of age	38426
with family incomes above one hundred fifty per cent of the	38427
federal poverty guidelines but not exceeding ~~two~~three hundred per	38428
cent of the federal poverty guidelines. If the director submits	38429
the plan, the director shall include ~~both~~all of the following in	38430
the plan and any subsequent amendments to the plan:	38431

(A) ~~The~~For individuals with family incomes above one hundred	38432
fifty per cent but not exceeding two hundred per cent of the	38433
federal poverty guidelines, the health assistance will not begin	38434
before January 1, 2000.	38435

(B) For individuals with family incomes above two hundred per	38436
cent but not exceeding three hundred per cent of the federal	38437
poverty guidelines, the health assistance will not begin before	38438
January 1, 2008.	38439

(C) The health assistance will be available only while	38440
federal financial participation is available for it.	38441

Sec. 5101.541. The food stamp program fund is hereby created	38442
in the state treasury. The fund shall consist of federal	38443
reimbursement for food stamp program administrative expenses and	38444
other food stamp program expenses. The department of job and	38445
family services shall use the money credited to the fund to pay	38446
for food stamp program administrative expenses and other food	38447
stamp program expenses.	38448

Sec. 5101.571. As used in sections 5101.571 to ~~5101.59~~	38449
5101.591 of the Revised Code:	38450

(A) "Information" means all of the following:

38451

(1) An individual's name, address, date of birth, and social	38452
security number;	38453

(2) The group or plan number, or other identifier, assigned	38454
by a third party to a policy held by an individual or a plan in	38455
which the individual participates and the nature of the coverage;	38456

(3) Any other data the director of job and family services	38457
specifies in rules adopted under section 5101.591 of the Revised	38458
Code.	38459

(B) "Medical assistance" means medical items or services	38460
provided under any of the following:	38461

(1) Medicaid, as defined in section 5111.01 of the Revised	38462
Code;	38463

(2) The children's health insurance program part I and part	38464
II established under sections 5101.50 to 5101.5110 of the Revised	38465
Code;	38466

(3) The disability medical assistance program established	38467
under Chapter 5115. of the Revised Code.	38468

(C) "Medical support" means support specified as support for	38469
the purpose of medical care by order of a court or administrative	38470
agency.	38471

~~(B) "Third party"~~(D) "Public assistance" means medical	38472
assistance or assistance under the Ohio works first program	38473
established under Chapter 5107. of the Revised Code.	38474

(E)(1) Subject to division (E)(2) of this section, and except	38475
as provided in division (E)(3) of this section, "third party"	38476
means ~~any health insurer as defined in section 3924.41 of the~~	38477
~~Revised Code, individual, entity, or public or private program,~~	38478
~~that is or may be liable to pay all or part of the medical cost of~~	38479
~~injury, disease, or disability of an applicant or recipient.~~	38480
~~"Third party" includes any such insurer, individual, entity, or~~	38481
~~program that would have been obligated to pay for the service,~~	38482
~~even when such third party limits or excludes payments in the case~~	38483
~~of an individual who is eligible for medicaid.~~all of the	38484
following:	38485

(a) A person authorized to engage in the business of sickness	38486
and accident insurance under Title XXXIX of the Revised Code;	38487

(b) A person or governmental entity providing coverage for	38488
medical services or items to individuals on a self-insurance	38489
basis;	38490

(c) A health insuring corporation as defined in section	38491
1751.01 of the Revised Code;	38492

(d) A group health plan as defined in 29 U.S.C. 1167;

38493

(e) A service benefit plan as referenced in 42 U.S.C.	38494
1396a(a)(25);	38495

(f) A managed care organization;

38496

(g) A pharmacy benefit manager;

38497

(h) A third party administrator;

38498

(i) Any other person or governmental entity that is, by law,	38499
contract, or agreement, responsible for the payment or processing	38500
of a claim for a medical item or service for a public assistance	38501
recipient or participant.	38502

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	38503
person or governmental entity listed in division (E)(1) of this	38504
section is a third party even if the person or governmental entity	38505
limits or excludes payments for a medical item or service in the	38506
case of a public assistance recipient.	38507

(3) "Third party" does not include the program for medically	38508
handicapped children established under section 3701.023 of the	38509
Revised Code.	38510

Sec. 5101.572. ~~Upon the request of the department of job and~~	38511
~~family services, any~~(A) A third party ~~as defined in section~~	38512
~~5101.571 of the Revised Code~~ shall cooperate with the department	38513
of job and family services in identifying individuals for the	38514
purpose of establishing third party liability pursuant to Title	38515
XIX of the Social Security Act, as amended. ~~The~~	38516

(B) In furtherance of the requirement in division (A) of this	38517
section and to allow the department to determine any period that	38518
the individual or the individual's spouse or dependent may have	38519
been covered by the third party and the nature of the coverage, a	38520
third party shall provide, as the department so chooses,	38521
information or access to information, or both, in the third	38522
party's electronic data system on the department's request and in	38523
accordance with division (C) of this section.	38524

(C)(1) If the department chooses to receive information	38525
directly, the third party shall provide the information under all	38526
of the following circumstances:	38527

(a) In a medium, format, and manner prescribed by the	38528
director of job and family services in rules adopted under section	38529
5101.591 of the Revised Code;	38530

(b) Free of charge;

38531

(c) Not later than the end of the thirtieth day after the	38532
department makes its request, unless a different time is agreed to	38533
by the director in writing.	38534

(2) If the department chooses to receive access to	38535
information, the third party shall provide access by a method	38536
prescribed by the director of job and family services in rules	38537
adopted under section 5101.591 of the Revised Code. In	38538
facilitating access, the department may enter into a trading	38539
partner agreement with the third party to permit the exchange of	38540
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	38541
Inquiry and Response" transactions.	38542

(D) All of the following apply with respect to information	38543
provided by a third party to the department under this section:	38544

(1) The information is confidential and not a public record	38545
under section 149.43 of the Revised Code.	38546

(2) The release of information to the department is not to be	38547
considered a violation of any right of confidentiality or contract	38548
that the third party may have with covered persons including, but	38549
not limited to, contractees, beneficiaries, heirs, assignees, and	38550
subscribers.	38551

(3) The third party is immune from any liability that it may	38552
otherwise incur through its release of information to the	38553
department.	38554

The department of job and family services shall limit its use	38555
of information gained from third parties to purposes directly	38556
connected with the administration of the medicaid program. No	38557

(E) No third party shall disclose to other parties or make	38558
use of any information regarding recipients of aid under Chapter	38559
5107. or 5111. of the Revised Code that it obtains from the	38560
department ~~of job and family services~~, except in the manner	38561
provided for by the director of job and family services in	38562
administrative rules. ~~Any information provided by a third party to~~	38563
~~the department of job and family services shall not be considered~~	38564
~~a violation of any right of confidentiality or contract that the~~	38565
~~third party may have with covered persons including, but not~~	38566
~~limited to, contractees, beneficiaries, heirs, assignees, and~~	38567
~~subscribers. The third party is immune from any liability that it~~	38568
~~may otherwise incur through its release of information to the~~	38569
~~department of job and family services.~~	38570

Sec. 5101.573. (A) Subject to division (B) of this section, a	38571
third party shall do all of the following:	38572

(1) Accept the department of job and family services' right	38573
of recovery under section 5101.58 of the Revised Code and the	38574
assignment of rights to the department that are described in	38575
section 5101.59 of the Revised Code.	38576

(2) Respond to an inquiry by the department regarding a claim	38577
for payment of a medical item or service that was submitted to the	38578
third party not later than six years after the date of the	38579
provision of such medical item or service;	38580

(3) Pay a claim described in division (A)(2) of this section;

38581

(4) Not deny a claim submitted by the department solely on	38582
the basis of the date of submission of the claim, type or format	38583
of the claim form, or a failure by the medical assistance	38584
recipient who is the subject of the claim to present proper	38585
documentation of coverage at the time of service, if both of the	38586
following are true:	38587

(a) The claim was submitted by the department not later than	38588
six years after the date of the provision of the medical item or	38589
service;	38590

(b) An action by the department to enforce its right of	38591
recovery under section 5101.58 of the Revised Code on the claim	38592
was commenced not later than six years after the department's	38593
submission of the claim.	38594

(B) For purposes of the requirements in division (A) of this	38595
section, a third party shall treat a managed care organization as	38596
the department for a claim in which both of the following are	38597
true:	38598

(1) The individual who is the subject of the claim received a	38599
medical item or service through a managed care organization that	38600
has entered into a contract with the department of job and family	38601
services under section 5111.16 of the Revised Code;	38602

(2) The department has assigned its right of recovery for the	38603
claim to the managed care organization.	38604

Sec. 5101.574. No third party shall consider whether an	38605
individual is eligible for or receives medical assistance when	38606
either of the following applies:	38607

(A) The individual seeks to obtain a policy or enroll in a	38608
plan or program operated or administered by the third party;	38609

(B) The individual, or a person or governmental entity on the	38610
individual's behalf, seeks payment for a medical item or service	38611
provided to the individual.	38612

Sec. 5101.575. If a third party violates section 5101.572,	38613
5101.573, or 5101.574 of the Revised Code, a governmental entity	38614
that is responsible for issuing a license, certificate of	38615
authority, registration, or approval that authorizes the third	38616
party to do business in this state shall, in accordance with	38617
Chapter 119. of the Revised Code, deny, revoke, or terminate, as	38618
determined to be appropriate by the governmental entity, the	38619
license, certificate, registration, or approval of the third	38620
party. In addition, the attorney general may petition a court of	38621
common pleas to enjoin the violation.	38622

Sec. 5101.58. ~~As used in this section and section 5101.59 of~~	38623
~~the Revised Code, "public assistance" means aid provided under~~	38624
~~Chapter 5111. or 5115. of the Revised Code and participation in~~	38625
~~the Ohio works first program established under Chapter 5107. of~~	38626
~~the Revised Code.~~	38627

(A) The acceptance of public assistance gives aan automatic	38628
right of recovery to the department of job and family services and	38629
a county department of job and family services against the	38630
liability of a third party for the cost of medical ~~services and~~	38631
~~care arising out of injury, disease, or disability~~assistance paid	38632
on behalf of the public assistance recipient or participant. When	38633
an action or claim is brought against a third party by a public	38634
assistance recipient or participant, ~~the entire amount of~~ any	38635
payment, settlement or compromise of the action or claim, or any	38636
court award or judgment, is subject to the recovery right of the	38637
department of job and family services or county department of job	38638
and family services. Except in the case of a recipient or	38639
participant who receives medical ~~services or care~~assistance	38640
through a managed care organization, the department's or county	38641
department's claim shall not exceed the amount of medical ~~expenses~~	38642
assistance paid by ~~the departments~~a department on behalf of the	38643
recipient or participant. InA payment, settlement, compromise,	38644
judgment, or award that excludes the cost of medical assistance	38645
paid for by a department shall not preclude a department from	38646
enforcing its rights under this section.	38647

(B) In the case of a recipient or participant who receives	38648
medical ~~services or care~~assistance through a managed care	38649
organization, the amount of the department's or county	38650
department's claim shall be the amount the managed care	38651
organization pays for medical ~~services or care~~assistance rendered	38652
to the recipient or participant, even if that amount is more than	38653
the amount ~~the departments pay~~a department pays to the managed	38654
care organization for the recipient's or participant's medical	38655
~~services or care. Any settlement, compromise, judgment, or award~~	38656
~~that excludes the cost of medical services or care shall not~~	38657
~~preclude the departments from enforcing their rights under this~~	38658
~~section~~assistance.	38659

~~Prior to initiating any~~(C) A recipient or participant, and	38660
the recipient's or participant's attorney, if any, shall cooperate	38661
with the departments. In furtherance of this requirement, the	38662
recipient or participant, or the recipient's or participant's	38663
attorney, if any, shall, not later than thirty days after	38664
initiating informal recovery activity or filing a legal recovery	38665
action~~, the recipient or participant, or the recipient's or~~	38666
~~participant's representative, shall disclose~~against a third	38667
party, provide written notice of the activity or action to the	38668
appropriate department or departments as follows:	38669

(1) To only the department of job and family services when	38670
medical assistance under medicaid has been paid;	38671

(2) To the department of job and family services and the	38672
appropriate county department of job and family services when	38673
medical assistance under the disability medical assistance program	38674
has been paid.	38675

(D) The written notice that must be given under division (C)	38676
of this section shall disclose the identity and address of any	38677
third party against whom the recipient or participant has or may	38678
have a right of recovery. ~~Disclosure shall be made to the~~	38679
~~department of job and family services when medical expenses have~~	38680
~~been paid pursuant to Chapter 5111. or 5115. of the Revised Code.~~	38681
~~Disclosure shall be made to both the department of job and family~~	38682
~~services and the appropriate county department of job and family~~	38683
~~services when medical expenses have been paid pursuant to Chapter~~	38684
~~5115. of the Revised Code. No~~	38685

(E) No settlement, compromise, judgment, or award or any	38686
recovery in any action or claim by a recipient or participant	38687
where the departments have a right of recovery shall be made final	38688
without first giving the appropriate departments written notice as	38689
described in division (C) of this section and a reasonable	38690
opportunity to perfect their rights of recovery. If the	38691
departments are not given the appropriate written notice, the	38692
recipient or participant isand, if there is one, the recipient's	38693
or participant's attorney, are liable to reimburse the departments	38694
for the recovery received to the extent of medical payments made	38695
by the departments. ~~The~~	38696

(F) The departments shall be permitted to enforce their	38697
recovery rights against the third party even though they accepted	38698
prior payments in discharge of their rights under this section if,	38699
at the time the departments received such payments, they were not	38700
aware that additional medical expenses had been incurred but had	38701
not yet been paid by the departments. The third party becomes	38702
liable to the department of job and family services or county	38703
department of job and family services as soon as the third party	38704
is notified in writing of the valid claims for recovery under this	38705
section.	38706

~~The~~(G)(1) Subject to division (G)(2) of this section, the	38707
right of recovery of a department does not apply to that portion	38708
of any judgment, award, settlement, or compromise of a claim, to	38709
the extent of attorneys' fees, costs, or other expenses incurred	38710
by a recipient or participant in securing the judgment, award,	38711
settlement, or compromise, or to the extent of medical, surgical,	38712
and hospital expenses paid by such recipient or participant from	38713
the recipient's or participant's own resources. ~~Attorney fees and~~	38714
~~costs or other expenses in securing any recovery shall not be~~	38715
~~assessed against any claims of the departments.~~	38716

To(2) Reasonable attorneys' fees, not to exceed one-third of	38717
the total judgment, award, settlement, or compromise, plus costs	38718
and other expenses incurred by the recipient or participant in	38719
securing the judgment, award, settlement, or compromise, shall	38720
first be deducted from the total judgment, award, settlement, or	38721
compromise. After fees, costs, and other expenses are deducted	38722
from the total judgment, award, settlement, or compromise, the	38723
department of job and family services or appropriate county	38724
department of job and family services shall receive no less than	38725
one-half of the remaining amount, or the actual amount of medical	38726
assistance paid, whichever is less.	38727

(H) A right of recovery created by this section may be	38728
enforced separately or jointly by the department of job and family	38729
services or the appropriate county department of job and family	38730
services. To enforce their recovery rights, the departments may do	38731
any of the following:	38732

~~(A)~~(1) Intervene or join in any action or proceeding brought	38733
by the recipient or participant or on the recipient's or	38734
participant's behalf against any third party who may be liable for	38735
the cost of medical ~~services and care arising out of the~~	38736
~~recipient's or participant's injury, disease, or disability~~	38737
assistance paid;	38738

~~(B)~~(2) Institute and pursue legal proceedings against any	38739
third party who may be liable for the cost of medical ~~services and~~	38740
~~care arising out of the recipient's or participant's injury,~~	38741
~~disease, or disability~~assistance paid;	38742

~~(C)~~(3) Initiate legal proceedings in conjunction with ~~the~~any	38743
injured, diseased, or disabled recipient or participant or the	38744
recipient's or participant's ~~legal~~attorney or representative.	38745

~~Recovery rights created by this section may be enforced~~	38746
~~separately or jointly by the department of job and family services~~	38747
~~and the county department of job and family services.~~	38748

(I) A recipient or participant shall not assess attorney	38749
fees, costs, or other expenses against the department of job and	38750
family services or a county department of job and family services	38751
when the department or county department enforces its right of	38752
recovery created by this section.	38753

(J) The right of recovery given to the department under this	38754
section does not include rights to support from any other person	38755
assigned to the state under sections 5107.20 and 5115.07 of the	38756
Revised Code, but includes payments made by a third party under	38757
contract with a person having a duty to support.	38758

~~The director of job and family services may adopt rules in~~	38759
~~accordance with Chapter 119. of the Revised Code the department~~	38760
~~considers necessary to implement this section.~~	38761

Sec. 5101.59. (A) The application for, or acceptance of,	38762
public assistance constitutes an automatic assignment of certain	38763
rights to the department of job and family services. This	38764
assignment includes the rights of the applicant, recipient, or	38765
participant and also the rights of any other member of the	38766
assistance group for whom the applicant, recipient, or participant	38767
can legally make an assignment.	38768

(B) Pursuant to this section, the applicant, recipient, or	38769
participant assigns to the department any rights to medical	38770
support available to the applicant, recipient, or participant or	38771
for other members of the assistance group under an order of a	38772
court or administrative agency, and any rights to payments ~~from~~	38773
~~any~~by a liable third party ~~liable to pay~~ for the cost of medical	38774
~~care and services arising out of injury, disease, or disability of~~	38775
~~the applicant, recipient, participant, or other members of the~~	38776
~~assistance group~~assistance paid on behalf of a public assistance	38777
recipient or participant. The recipient or participant shall	38778
cooperate with the department in obtaining such payments.	38779

Medicare benefits shall not be assigned pursuant to this	38780
section. Benefits assigned to the department by operation of this	38781
section are directly reimbursable to the department by liable	38782
third parties.	38783

~~(B)~~(C) Refusal by the applicant, recipient, or participant to	38784
cooperate in obtaining medical ~~support and payments~~assistance	38785
paid for self or any other member of the assistance group renders	38786
the applicant, recipient, or participant ineligible for public	38787
assistance, unless cooperation is waived by the department.	38788
Eligibility shall continue for any individual who cannot legally	38789
assign the individual's own rights and who would have been	38790
eligible for public assistance but for the refusal to assign the	38791
individual's rights or to cooperate as required by this section by	38792
another person legally able to assign the individual's rights.	38793

(D) If the applicant, recipient, or participant or any member	38794
of the assistance group becomes ineligible for public assistance,	38795
the department shall restore to the applicant, recipient,	38796
participant, or member of the assistance group any future rights	38797
to benefits assigned under this section.	38798

(E) The rights of assignment given to the department under	38799
this section do not include rights to support assigned under	38800
section 5107.20 or 5115.07 of the Revised Code.	38801

~~(C) The director of job and family services may adopt rules~~	38802
~~in accordance with Chapter 119. of the Revised Code to implement~~	38803
~~this section, including rules that specify what constitutes~~	38804
~~cooperating with efforts to obtain medical support and payments~~	38805
~~and when the cooperation requirement may be waived.~~	38806

Sec. 5101.591. (A) Except as provided in division (B) of this	38807
section, the director of job and family services may adopt rules	38808
in accordance with Chapter 119. of the Revised Code to implement	38809
sections 5101.571 to 5101.59 of the Revised Code, including rules	38810
that specify what constitutes cooperating with efforts to obtain	38811
support or payments, or medical assistance payments, and when	38812
cooperation may be waived.	38813

(B) The department shall adopt rules in accordance with	38814
Chapter 119. of the Revised Code to do all of the following:	38815

(1) For purposes of the definition of "information" in	38816
division (A) of section 5101.571 of the Revised Code, any data	38817
other than the data specified in that division that should be	38818
included in the definition.	38819

(2) For purposes of division (C)(1)(a) of section 5101.572 of	38820
the Revised Code, the medium, format, and manner in which a third	38821
party must provide information to the department.	38822

(3) For purposes of division (C)(2) of section 5101.572 of	38823
the Revised Code, the method by which a third party must provide	38824
the department with access to information.	38825

Sec. 5101.802. (A) As used in this section:

38826

(1) "Custodian," "guardian," and "minor child" have the same	38827
meanings as in section 5107.02 of the Revised Code.	38828

(2) "Federal poverty guidelines" has the same meaning as in	38829
section 5101.46 of the Revised Code.	38830

(3) "Kinship caregiver" has the same meaning as in section	38831
5101.85 of the Revised Code.	38832

(B) Subject to division (E) of section 5101.801 of the	38833
Revised Code, there is hereby created the kinship permanency	38834
incentive program to promote permanency for a minor child in the	38835
legal and physical custody of a kinship caregiver. The program	38836
shall provide an initial one-time incentive payment to the kinship	38837
caregiver to defray the costs of initial placement of the minor	38838
child in the kinship caregiver's home. The program may provide	38839
additional permanency incentive payments for the minor child at	38840
six month intervals for a total period not to exceed thirty-six	38841
months.	38842

(C) A kinship caregiver may participate in the program if all	38843
of the following requirements are met:	38844

(1) The kinship caregiver applies to a public children	38845
services agency in accordance with the application process	38846
established in rules authorized by division (E) of this section;	38847

(2) ~~The minor child the kinship caregiver is caring for is a~~	38848
~~child with special needs as that term is defined in rules adopted~~	38849
~~under section 5153.163 of the Revised Code;~~	38850

~~(3) A~~Not earlier than July 1, 2005, a juvenile court ~~has~~	38851
~~adjudicated the minor child to be an abused, neglected, dependent,~~	38852
~~or unruly child and determined that it is in the child's best~~	38853
~~interest to be in the~~issues an order granting legal custody ofto	38854
the kinship caregiver, or ~~the~~a probate court ~~has determined that~~	38855
~~it is in the child's best interest to be in the guadianship of~~	38856
grants guardianship to the kinship caregiver, except that a	38857
temporary court order is not sufficient to meet this requirement;	38858

~~(4)~~(3) The kinship caregiver is either the minor child's	38859
custodian or guardian;	38860

~~(5)~~(4) The minor child resides with the kinship caregiver	38861
pursuant to a placement approval process established in rules	38862
authorized by division (E) of this section;	38863

~~(6) The~~(5) Excluding any income excluded under rules adopted	38864
under division (E) of this section, the gross income of the	38865
kinship caregiver's family, including the minor child, does not	38866
exceed ~~two~~three hundred per cent of the federal poverty	38867
guidelines.	38868

(D) Public children services agencies shall make initial and	38869
ongoing eligibility determinations for the kinship permanency	38870
incentive program in accordance with rules authorized by division	38871
(E) of this section. The director of job and family services shall	38872
supervise public children services agencies' duties under this	38873
section.	38874

(E) The director of job and family services shall adopt rules	38875
under division (C) of section 5101.801 of the Revised Code as	38876
necessary to implement the kinship permanency incentive program.	38877
The rules shall establish all of the following:	38878

(1) The application process for the program;

38879

(2) The placement approval process through which a minor	38880
child is placed with a kinship caregiver for the kinship caregiver	38881
to be eligible for the program;	38882

(3) The initial and ongoing eligibility determination process	38883
for the program, including the computation of income eligibility;	38884

(4) The amount of the incentive payments provided under the	38885
program;	38886

(5) The method by which the incentive payments are provided	38887
to a kinship caregiver;.	38888

~~(6) Anything else the director considers necessary to~~	38889
~~implement the program.~~	38890

(F) ~~The director shall begin implementation of the kinship~~	38891
~~permanency incentive program no later than January 1, 2006.~~The	38892
amendments made to this section by Am. Sub. H.B. 119 of the 127th	38893
general assembly shall not affect the eligibility of any kinship	38894
caregiver whose eligibility was established before the effective	38895
date of the amendments.	38896

Sec. 5101.98. (A) There is hereby created in the state	38897
treasury the military injury relief fund, which shall consist of	38898
money contributed to it under section 5747.113 of the Revised	38899
Code, of incentive grants authorized by the "Jobs for Veterans	38900
Act," 116 Stat. 2033 (2002), and of contributions made directly to	38901
it. Any person or entity may contribute directly to the fund in	38902
addition to or independently of the income tax refund contribution	38903
system established in section 5747.113 of the Revised Code.	38904

(B) Upon application, the director of job and family services	38905
shall grant money in the fund to individuals injured while in	38906
active service as a member of the armed forces of the United	38907
States ~~and~~ while serving under operation Iraqi freedom or	38908
operation enduring freedom and to individuals diagnosed with	38909
post-traumatic stress disorder while serving, or after having	38910
served, in operation Iraqi freedom or operation enduring freedom.	38911

(C) An individual who receives a grant under this section is	38912
~~not~~ precluded from receiving ~~one or more~~ additional grants under	38913
this section ~~and~~during the same state fiscal year but is not	38914
precluded from being considered for or receiving other assistance	38915
offered by the department of job and family services.	38916

(D) The director shall adopt rules under Chapter 119. of the	38917
Revised Code establishing:	38918

(1) Forms and procedures by which individuals may apply for a	38919
grant under this section;	38920

(2) Criteria for reviewing, evaluating, and ~~ranking~~approving	38921
or denying grant applications;	38922

(3) Criteria for determining the amount of grants awarded	38923
under this section; ~~and~~	38924

(4) Definitions and standards applicable to determining	38925
whether an individual meets the requirements established in	38926
division (B) of this section;	38927

(5) The process for appealing eligibility determinations; and

38928

(6) Any other rules necessary to administer the grant program	38929
established in this section.	38930

(E) An eligibility determination, a grant approval, or a	38931
grant denial made under this section may not be appealed under	38932
Chapter 119., section 5101.35, or any other provision of the	38933
Revised Code.	38934

Sec. 5104.30. (A) The department of job and family services	38935
is hereby designated as the state agency responsible for	38936
administration and coordination of federal and state funding for	38937
publicly funded child care in this state. Publicly funded child	38938
care shall be provided to the following:	38939

(1) Recipients of transitional child care as provided under	38940
section 5104.34 of the Revised Code;	38941

(2) Participants in the Ohio works first program established	38942
under Chapter 5107. of the Revised Code;	38943

(3) Individuals who would be participating in the Ohio works	38944
first program if not for a sanction under section 5107.16 of the	38945
Revised Code and who continue to participate in a work activity,	38946
developmental activity, or alternative work activity pursuant to	38947
an assignment under section 5107.42 of the Revised Code;	38948

(4) A family receiving publicly funded child care on October	38949
1, 1997, until the family's income reaches one hundred fifty per	38950
cent of the federal poverty line;	38951

(5) Subject to available funds, other individuals determined	38952
eligible in accordance with rules adopted under section 5104.38 of	38953
the Revised Code.	38954

The department shall apply to the United States department of	38955
health and human services for authority to operate a coordinated	38956
program for publicly funded child care, if the director of job and	38957
family services determines that the application is necessary. For	38958
purposes of this section, the department of job and family	38959
services may enter into agreements with other state agencies that	38960
are involved in regulation or funding of child care. The	38961
department shall consider the special needs of migrant workers	38962
when it administers and coordinates publicly funded child care and	38963
shall develop appropriate procedures for accommodating the needs	38964
of migrant workers for publicly funded child care.	38965

(B) The department of job and family services shall	38966
distribute state and federal funds for publicly funded child care,	38967
including appropriations of state funds for publicly funded child	38968
care and appropriations of federal funds available under the child	38969
care block grant act, Title IV-A, and Title XX. The department may	38970
use any state funds appropriated for publicly funded child care as	38971
the state share required to match any federal funds appropriated	38972
for publicly funded child care.	38973

(C) In the use of federal funds available under the child	38974
care block grant act, all of the following apply:	38975

(1) The department may use the federal funds to hire staff to	38976
prepare any rules required under this chapter and to administer	38977
and coordinate federal and state funding for publicly funded child	38978
care.	38979

(2) Not more than five per cent of the aggregate amount of	38980
the federal funds received for a fiscal year may be expended for	38981
administrative costs.	38982

(3) The department shall allocate and use at least four per	38983
cent of the federal funds for the following:	38984

(a) Activities designed to provide comprehensive consumer	38985
education to parents and the public;	38986

(b) Activities that increase parental choice;

38987

(c) Activities, including child care resource and referral	38988
services, designed to improve the quality, and increase the	38989
supply, of child care;	38990

(d) Establishing a voluntary child day-care center	38991
quality-rating program in which participation in the program may	38992
allow a child day-care center to be eligible for grants, technical	38993
assistance, training, or other assistance and become eligible for	38994
unrestricted monetary awards for maintaining a quality rating.	38995

(4) The department shall ensure that the federal funds will	38996
be used only to supplement, and will not be used to supplant,	38997
federal, state, and local funds available on the effective date of	38998
the child care block grant act for publicly funded child care and	38999
related programs. A county department of job and family services	39000
may purchase child care from funds obtained through any other	39001
means.	39002

(D) The department shall encourage the development of	39003
suitable child care throughout the state, especially in areas with	39004
high concentrations of recipients of public assistance and	39005
families with low incomes. The department shall encourage the	39006
development of suitable child care designed to accommodate the	39007
special needs of migrant workers. On request, the department,	39008
through its employees or contracts with state or community child	39009
care resource and referral service organizations, shall provide	39010
consultation to groups and individuals interested in developing	39011
child care. The department of job and family services may enter	39012
into interagency agreements with the department of education, the	39013
board of regents, the department of development, and other state	39014
agencies and entities whenever the cooperative efforts of the	39015
other state agencies and entities are necessary for the department	39016
of job and family services to fulfill its duties and	39017
responsibilities under this chapter.	39018

The department shall develop and maintain a registry of	39019
persons providing child care. The director shall adopt rules	39020
pursuant to Chapter 119. of the Revised Code establishing	39021
procedures and requirements for the registry's administration.	39022

(E)(1) The director shall adopt rules in accordance with	39023
Chapter 119. of the Revised Code establishing both of the	39024
following:	39025

(a) Reimbursement ceilings for providers of publicly funded	39026
child care;	39027

(b) A procedure for reimbursing and paying providers of	39028
publicly funded child care.	39029

(2) In establishing reimbursement ceilings under division	39030
(E)(1)(a) of this section, the director shall do all of the	39031
following:	39032

(a) Use the information obtained under division (B)(3) of	39033
section 5104.04 of the Revised Code;	39034

(b) Establish an enhanced reimbursement ceiling for providers	39035
who provide child care for caretaker parents who work	39036
nontraditional hours;	39037

(c) For a type B family day-care home provider that has	39038
received limited certification pursuant to rules adopted under	39039
division (G)(1) of section 5104.011 of the Revised Code, establish	39040
a reimbursement ceiling that is the following:	39041

(i) If the provider is a person described in division	39042
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five	39043
per cent of the reimbursement ceiling that applies to a type B	39044
family day-care home certified by the same county department of	39045
job and family services pursuant to section 5104.11 of the Revised	39046
Code;	39047

(ii) If the provider is a person described in division	39048
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent	39049
of the reimbursement ceiling that applies to a type B family	39050
day-care home certified by the same county department pursuant to	39051
section 5104.11 of the Revised Code.	39052

(3) In establishing reimbursement ceilings under division	39053
(E)(1)(a) of this section, the director may establish different	39054
reimbursement ceilings based on any of the following:	39055

(a) Geographic location of the provider;

39056

(b) Type of care provided;

39057

39058

(d) Special needs of the child served;

39059

(e) Whether the expanded hours of service are provided;

39060

(f) Whether weekend service is provided;

39061

(g) Whether the provider has exceeded the minimum	39062
requirements of state statutes and rules governing child care;	39063

(h) Any other factors the director considers appropriate.

39064

(F) The director shall adopt rules in accordance with Chapter	39065
119. of the Revised Code to implement the voluntary child day-care	39066
center quality-rating program described in division (C)(3)(d) of	39067
this section.	39068

Sec. 5107.02. As used in this chapter:

39069

(A) "Adult" means an individual who is not a minor child.

39070

(B) "Assistance group" means a group of individuals treated	39071
as a unit for purposes of determining eligibility for and the	39072
amount of assistance provided under Ohio works first.	39073

(C) "Custodian" means an individual who has legal custody, as	39074
defined in section 2151.011 of the Revised Code, of a minor child	39075
or comparable status over a minor child created by a court of	39076
competent jurisdiction in another state.	39077

(D) "Guardian" means an individual that is granted authority	39078
by a probate court pursuant to Chapter 2111. of the Revised Code,	39079
or a court of competent jurisdiction in another state, to exercise	39080
parental rights over a minor child to the extent provided in the	39081
court's order and subject to residual parental rights of the minor	39082
child's parents.	39083

(E) "LEAP program" means the learning, earning, and parenting	39084
program conducted under section 5107.30 of the Revised Code.	39085

(F) "Minor child" means either of the following:

39086

(1) An individual who has not attained age eighteen;

39087

(2) An individual who has not attained age nineteen and is a	39088
full-time student in a secondary school or in the equivalent level	39089
of vocational or technical training.	39090

~~(F)~~(G) "Minor head of household" means a minor child who is	39091
either of the following:	39092

(1) Is married, at least six months pregnant, and a member of	39093
an assistance group that does not include an adult;	39094

(2) Is married and is a parent of a child included in the	39095
same assistance group that does not include an adult.	39096

~~(G)~~(H) "Ohio works first" means the program established by	39097
this chapter known as temporary assistance for needy families in	39098
Title IV-A.	39099

~~(H)~~(I) "Payment standard" means the amount specified in rules	39100
adopted under section 5107.05 of the Revised Code that is the	39101
maximum amount of cash assistance an assistance group may receive	39102
under Ohio works first from state and federal funds.	39103

~~(I)~~(J) "Specified relative" means the following individuals	39104
who are age eighteen or older:	39105

(1) The following individuals related by blood or adoption:

39106

(a) Grandparents, including grandparents with the prefix	39107
"great," "great-great," or "great-great-great";	39108

(b) Siblings;

39109

(c) Aunts, uncles, nephews, and nieces, including such	39110
relatives with the prefix "great," "great-great," "grand," or	39111
"great-grand";	39112

(d) First cousins and first cousins once removed.

39113

(2) Stepparents and stepsiblings;

39114

(3) Spouses and former spouses of individuals named in	39115
division ~~(I)~~(J)(1) or (2) of this section.	39116

~~(J)~~(K) "Title IV-A" or "Title IV-D" means Title IV-A or Title	39117
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	39118
301, as amended.	39119

Sec. 5107.03. There is hereby established the Ohio works	39120
first program. The department of job and family services shall	39121
administer the program, as long as federal funds are provided for	39122
the program, in accordance with Title IV-A, federal regulations,	39123
state law, the Title IV-A state plan submitted to the United	39124
States secretary of health and human services under section	39125
5101.80 of the Revised Code, amendments to the plan, and federal	39126
waivers granted by the United States secretary.	39127

~~The department shall make all cash assistance payments for~~	39128
~~Ohio works first from funds appropriated for the Ohio works first~~	39129
~~program. A county department of job and family services may use~~	39130
~~county funds to increase the amount of cash assistance an~~	39131
~~assistance group receives. An increase in the amount of cash~~	39132
~~assistance that results from such a use of county funds shall not~~	39133
~~be included as countable income, gross earned income, or gross~~	39134
~~unearned income of the assistance group.~~	39135

Sec. 5107.04. As used in this section, "cost-of-living	39136
adjustment" means the cost-of-living adjustment made by the United	39137
States commissioner of social security under 42 U.S.C. 415(i) for	39138
benefits provided under Title II of the "Social Security Act of	39139
1935."	39140

The department of job and family services shall make all cash	39141
assistance payments for Ohio works first from funds appropriated	39142
for the Ohio works first program. The amount of a cash assistance	39143
payment the department is to make to an assistance group shall be	39144
determined in accordance with rules adopted under section 5107.05	39145
of the Revised Code and shall not exceed the payment standard. The	39146
department shall increase the payment standard on January 1, 2009,	39147
and the first day of each January thereafter by the cost-of-living	39148
adjustment made in the immediately preceding December.	39149

A county department of job and family services may use county	39150
funds to increase the amount of cash assistance an assistance	39151
group receives. An increase in the amount of cash assistance that	39152
results from such a use of county funds shall not be included as	39153
countable income, gross earned income, or gross unearned income of	39154
the assistance group.	39155

Sec. 5107.05. The director of job and family services shall	39156
adopt rules to implement this chapter. The rules shall be	39157
consistent with Title IV-A, Title IV-D, federal regulations, state	39158
law, the Title IV-A state plan submitted to the United States	39159
secretary of health and human services under section 5101.80 of	39160
the Revised Code, amendments to the plan, and waivers granted by	39161
the United States secretary. Rules governing eligibility, program	39162
participation, and other applicant and participant requirements	39163
shall be adopted in accordance with Chapter 119. of the Revised	39164
Code. Rules governing financial and other administrative	39165
requirements applicable to the department of job and family	39166
services and county departments of job and family services shall	39167
be adopted in accordance with section 111.15 of the Revised Code.	39168

(A) The rules shall specify, establish, or govern all of the	39169
following:	39170

(1) A payment standard for Ohio works first based on federal	39171
and state appropriations that is increased in accordance with	39172
section 5107.04 of the Revised Code;	39173

(2) ~~The~~For the purpose of section 5107.04 of the Revised	39174
Code, the method of determining the amount of cash assistance an	39175
assistance group receives under Ohio works first;	39176

(3) Requirements for initial and continued eligibility for	39177
Ohio works first, including requirements regarding income,	39178
citizenship, age, residence, and assistance group composition.	39179
~~The rules regarding income shall specify what is countable income,~~	39180
~~gross earned income, and gross unearned income for the purpose of~~	39181
~~section 5107.10 of the Revised Code.~~;	39182

(4) For the purpose of section 5107.12 of the Revised Code,	39183
application and verification procedures, including the minimum	39184
information an application must contain~~. If there are at least two~~	39185
~~telephone numbers available that a county department of human~~	39186
~~services can call to contact members of an assistance group, which~~	39187
~~may include the telephone number of an individual who can contact~~	39188
~~an assistance group member for the county department, the minimum~~	39189
~~information shall include at least those two telephone numbers.~~;	39190

(5) The extent to which a participant of Ohio works first	39191
must notify, pursuant to section 5107.12 of the Revised Code, a	39192
county department of job and family services of additional income	39193
not previously reported to the county department;	39194

(6) For the purpose of section 5107.16 of the Revised Code,	39195
standards for the determination of good cause for failure or	39196
refusal to comply in full with a provision of a self-sufficiency	39197
contract;	39198

(7) The department of job and family services providing	39199
written notice of a sanction under section 5107.161 of the Revised	39200
Code;	39201

~~(7)~~(8) Requirements for the collection and distribution of	39202
support payments owed participants of Ohio works first pursuant to	39203
section 5107.20 of the Revised Code;	39204

~~(8)~~(9) For the purpose of section 5107.22 of the Revised	39205
Code, what constitutes cooperating in establishing a minor child's	39206
paternity or establishing, modifying, or enforcing a child support	39207
order and good cause for failure or refusal to cooperate~~. The rule~~	39208
~~shall be consistent with 42 U.S.C.A. 654(29).~~;	39209

~~(9)~~(10) The requirements governing the LEAP program ~~provided~~	39210
~~for under section 5107.30 of the Revised Code~~, including the	39211
definitions of "equivalent of a high school diploma" and "good	39212
cause," and the incentives provided under the LEAP program;	39213

~~(10)~~(11) If the director implements section 5107.301 of the	39214
Revised Code, the requirements governing the award provided under	39215
that section, including the form that the award is to take and	39216
requirements an individual must satisfy to receive the award;	39217

~~(11)~~(12) Circumstances under which a county department of job	39218
and family services may exempt a minor head of household or adult	39219
from participating in a work activity or developmental activity	39220
for all or some of the weekly hours otherwise required by section	39221
5107.43 of the Revised Code. ~~Circumstances shall include that a~~	39222
~~school or place of work is closed due to a holiday or weather or~~	39223
~~other emergency and that an employer grants the minor head of~~	39224
~~household or adult leave for illness or earned vacation.~~	39225

~~(12)~~(13) The maximum amount of time the department will	39226
subsidize positions created by state agencies and political	39227
subdivisions under division (C) of section 5107.52 of the Revised	39228
Code.	39229

(B) The rules adopted under division (A)(3) of this section	39230
regarding income shall specify what is countable income, gross	39231
earned income, and gross unearned income for the purpose of	39232
section 5107.10 of the Revised Code.	39233

The rules adopted under division (A)(9) of this section shall	39234
be consistent with 42 U.S.C. 654(29).	39235

The rules adopted under division (A)(12) of this section	39236
shall specify that the circumstances include that a school or	39237
place of work is closed due to a holiday or weather or other	39238
emergency and that an employer grants the minor head of household	39239
or adult leave for illness or earned vacation.	39240

(C) The rules may provide that a county department of job and	39241
family services is not required to take action under section	39242
5107.76 of the Revised Code to recover an erroneous payment that	39243
is below an amount the department specifies.	39244

Sec. 5107.10. (A) As used in this section:

39245

(1) "Countable income," "gross earned income," and "gross	39246
unearned income" have the meanings established in rules adopted	39247
under section 5107.05 of the Revised Code.	39248

(2) "Federal poverty guidelines" has the same meaning as in	39249
section 5101.46 of the Revised Code, except that references to a	39250
person's family in the definition shall be deemed to be references	39251
to the person's assistance group.	39252

(3) "Gross income" means gross earned income and gross	39253
unearned income.	39254

(4) ~~"Initial eligibility threshold" means the higher of the~~	39255
~~following:~~	39256

~~(a) Fifty per cent of the federal poverty guidelines;~~

39257

~~(b) The gross income maximum for initial eligibility for Ohio~~	39258
~~works first as that maximum was set by division (D)(1)(a) of this~~	39259
~~section on the day before the effective date of this amendment.~~	39260

~~(5)~~ "Strike" means continuous concerted action in failing to	39261
report to duty; willful absence from one's position; or stoppage	39262
of work in whole from the full, faithful, and proper performance	39263
of the duties of employment, for the purpose of inducing,	39264
influencing, or coercing a change in wages, hours, terms, and	39265
other conditions of employment. "Strike" does not include a	39266
stoppage of work by employees in good faith because of dangerous	39267
or unhealthful working conditions at the place of employment that	39268
are abnormal to the place of employment.	39269

(B) Under the Ohio works first program, an assistance group	39270
shall receive, except as otherwise provided by this chapter,	39271
time-limited cash assistance. In the case of an assistance group	39272
that includes a minor head of household or adult, assistance shall	39273
be provided in accordance with the self-sufficiency contract	39274
entered into under section 5107.14 of the Revised Code.	39275

(C) To be eligible to participate in Ohio works first, an	39276
assistance group must meet all of the following requirements:	39277

(1) The assistance group, except as provided in division (E)	39278
of this section, must include at least one of the following:	39279

(a) A minor child who, except as provided in section 5107.24	39280
of the Revised Code, resides with a parent, or specified relative	39281
caring for the child, or, to the extent permitted by Title IV-A	39282
and federal regulations adopted until Title IV-A, resides with a	39283
guardian or custodian caring for the child;	39284

(b) A parent residing with and caring for the parent's minor	39285
child who receives supplemental security income under Title XVI of	39286
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	39287
as amended, or federal, state, or local adoption assistance;	39288

(c) A specified relative residing with and caring for a minor	39289
child who is related to the specified relative in a manner that	39290
makes the specified relative a specified relative and receives	39291
supplemental security income or federal, state, or local foster	39292
care or adoption assistance;	39293

(d) A woman at least six months pregnant.

39294

(2) The assistance group must meet the income requirements	39295
established by division (D) of this section.	39296

(3) No member of the assistance group may be involved in a	39297
strike.	39298

(4) The assistance group must satisfy the requirements for	39299
Ohio works first established by this chapter and sections 5101.58,	39300
5101.59, and 5101.83 of the Revised Code.	39301

(5) The assistance group must meet requirements for Ohio	39302
works first established by rules adopted under section 5107.05 of	39303
the Revised Code.	39304

(D)(1) Except as provided in division (D)(4) of this section,	39305
to determine whether an assistance group is initially eligible to	39306
participate in Ohio works first, a county department of job and	39307
family services shall do the following:	39308

(a) Determine whether the assistance group's gross income	39309
exceeds ~~the initial eligibility threshold~~fifty per cent of the	39310
federal poverty guidelines. In making this determination, the	39311
county department shall disregard amounts that federal statutes or	39312
regulations and sections 5101.17 and 5117.10 of the Revised Code	39313
require be disregarded. The assistance group is ineligible to	39314
participate in Ohio works first if the assistance group's gross	39315
income, less the amounts disregarded, exceeds ~~the initial~~	39316
~~eligibility threshold~~fifty per cent of the federal poverty	39317
guidelines.	39318

(b) If the assistance group's gross income, less the amounts	39319
disregarded pursuant to division (D)(1)(a) of this section, does	39320
not exceed ~~the initial eligibility threshold~~fifty per cent of the	39321
federal poverty guidelines, determine whether the assistance	39322
group's countable income is less than the payment standard. The	39323
assistance group is ineligible to participate in Ohio works first	39324
if the assistance group's countable income equals or exceeds the	39325
payment standard.	39326

(2) For the purpose of determining whether an assistance	39327
group meets the income requirement established by division	39328
(D)(1)(a) of this section, the annual revision that the United	39329
States department of health and human services makes to the	39330
federal poverty guidelines shall go into effect on the first day	39331
of July of the year for which the revision is made.	39332

(3) To determine whether an assistance group participating in	39333
Ohio works first continues to be eligible to participate, a county	39334
department of job and family services shall determine whether the	39335
assistance group's countable income continues to be less than the	39336
payment standard. In making this determination, the county	39337
department shall disregard the first two hundred fifty dollars and	39338
fifty per cent of the remainder of the assistance group's gross	39339
earned income. No amounts shall be disregarded from the assistance	39340
group's gross unearned income. The assistance group ceases to be	39341
eligible to participate in Ohio works first if its countable	39342
income, less the amounts disregarded, equals or exceeds the	39343
payment standard.	39344

(4) If an assistance group reapplies to participate in Ohio	39345
works first not more than four months after ceasing to	39346
participate, a county department of job and family services shall	39347
use the income requirement established by division (D)(3) of this	39348
section to determine eligibility for resumed participation rather	39349
than the income requirement established by division (D)(1) of this	39350
section.	39351

(E)(1) An assistance group may continue to participate in	39352
Ohio works first even though a public children services agency	39353
removes the assistance group's minor children from the assistance	39354
group's home due to abuse, neglect, or dependency if the agency	39355
does both of the following:	39356

(a) Notifies the county department of job and family services	39357
at the time the agency removes the children that it believes the	39358
children will be able to return to the assistance group within six	39359
months;	39360

(b) Informs the county department at the end of each of the	39361
first five months after the agency removes the children that the	39362
parent, guardian, custodian, or specified relative of the children	39363
is cooperating with the case plans prepared for the children under	39364
section 2151.412 of the Revised Code and that the agency is making	39365
reasonable efforts to return the children to the assistance group.	39366

(2) An assistance group may continue to participate in Ohio	39367
works first pursuant to division (E)(1) of this section for not	39368
more than six payment months. This division does not affect the	39369
eligibility of an assistance group that includes a woman at least	39370
six months pregnant.	39371

Sec. 5107.12. An assistance group seeking to participate in	39372
the Ohio works first program shall apply to a county department of	39373
job and family services using an application containing	39374
information the director of job and family services requires	39375
pursuant to rules adopted under section 5107.05 of the Revised	39376
Code and any additional information the county department	39377
requires. If cash assistance under the program is to be paid by	39378
the director of budget and management through the medium of direct	39379
deposit as provided by section 329.03 of the Revised Code, the	39380
application shall be accompanied by information the director needs	39381
to make direct deposits.	39382

When a county department receives an application for	39383
participation in Ohio works first, it shall promptly make an	39384
investigation and record of the circumstances of the applicant in	39385
order to ascertain the facts surrounding the application and to	39386
obtain such other information as may be required. Upon the	39387
completion of the investigation, the county department shall	39388
determine as soon as possible whether the applicant is eligible to	39389
participate, the amount of cash assistance the applicant should	39390
receive, and the approximate date when participation shall begin.	39391
The county department shall not delay making the determination of	39392
whether the applicant is eligible to participate on the basis that	39393
the individuals required by section 5107.14 of the Revised Code to	39394
enter into a written self-sufficiency contract with the county	39395
department have not yet done that. The amount of cash assistance	39396
so determined shall be certified to the department of job and	39397
family services in such form as the department shall prescribe.	39398
Warrants, direct deposits, or debit cards shall be delivered or	39399
made payable in the manner the department may prescribe.	39400

To the extent required by rules adopted under section 5107.05	39401
of the Revised Code, a participant of Ohio works first shall	39402
notify the county department immediately upon the receipt or	39403
possession of additional income not previously reported to the	39404
county department. Any failure to so notify a county department	39405
shall be regarded as prima-facie evidence of an intent to defraud.	39406

Sec. 5107.14. (A) An assistance group is ineligible to	39407
participate in Ohio works first unless ~~the minor head of household~~	39408
~~or each adult member of the assistance group, not later than~~	39409
~~thirty days after applying for or undergoing a redetermination of~~	39410
~~eligibility for the program, enters~~the following enter into a	39411
written self-sufficiency contract with the county department of	39412
job and family services not later than thirty days after the	39413
assistance group applies for or undergoes a redetermination of	39414
eligibility for the program:	39415

(1) Each adult member of the assistance group;

39416

(2) The assistance group's minor head of household unless the	39417
minor head of household is participating in the LEAP program. ~~The~~	39418

(B) A self-sufficiency contract shall set forth the rights	39419
and responsibilities of the assistance group as applicants for and	39420
participants of ~~the program, including work responsibilities~~	39421
~~established under sections 5107.40 to 5107.69 of the Revised Code~~	39422
~~and other requirements designed to assist the assistance group in~~	39423
~~achieving self sufficiency and personal responsibility. The county~~	39424
~~department shall provide without charge a copy of the contract to~~	39425
~~each assistance group member who signs it.~~	39426

~~Each~~Ohio works first. Each self-sufficiency contract shall	39427
include, based on appraisals conducted under section 5107.41 of	39428
the Revised Code and assessments conducted under section 5107.70	39429
of the Revised Code, the following:	39430

~~(A)~~(1) The assistance group's plan, developed under section	39431
5107.41 of the Revised Code, to achieve the goal of self	39432
sufficiency and personal responsibility through unsubsidized	39433
employment within the time limit for participating in Ohio works	39434
first established by section 5107.18 of the Revised Code;	39435

~~(B)~~(2) Work activities, developmental activities, and	39436
alternative work activities to which members of the assistance	39437
group are assigned under sections 5107.40 to 5107.69 of the	39438
Revised Code;	39439

~~(C)~~(3) The responsibility of a caretaker member of the	39440
assistance group to cooperate in establishing a minor child's	39441
paternity and establishing, modifying, and enforcing a support	39442
order for the child in accordance with section 5107.22 of the	39443
Revised Code;	39444

~~(D)~~(4) Other responsibilities that members of the assistance	39445
group must satisfy to participate in Ohio works first and the	39446
consequences for failure or refusal to satisfy the	39447
responsibilities;	39448

~~(E)~~(5) An agreement that the assistance group will comply	39449
with the conditions of participating in Ohio works first	39450
established by this chapter and sections 5101.58, 5101.59, and	39451
5101.83 of the Revised Code;	39452

~~(F)~~(6) Assistance and services the county department will	39453
provide to the assistance group;	39454

~~(G)~~(7) Assistance and services the child support enforcement	39455
agency and public children services agency will provide to the	39456
assistance group pursuant to a plan of cooperation entered into	39457
under section 307.983 of the Revised Code;	39458

~~(H)~~(8) Other provisions designed to assist the assistance	39459
group in achieving self sufficiency and personal responsibility;	39460

~~(I)~~(9) Procedures for assessing whether responsibilities are	39461
being satisfied and whether the contract should be amended;	39462

~~(J)~~(10) Procedures for amending the contract.

39463

(C) No self-sufficiency contract shall include provisions	39464
regarding the LEAP program.	39465

(D) The county department shall provide without charge a copy	39466
of the self-sufficiency contract to each assistance group member	39467
who signs it.	39468

Sec. 5107.16. (A) If a member of an assistance group fails	39469
or refuses, without good cause, to comply in full with a provision	39470
of a self-sufficiency contract entered into under section 5107.14	39471
of the Revised Code, a county department of job and family	39472
services shall sanction the assistance group as follows:	39473

(1) For a first failure or refusal, the county department	39474
shall deny or terminate the assistance group's eligibility to	39475
participate in Ohio works first for one payment month ~~or until the~~	39476
~~failure or refusal ceases, whichever is longer~~;	39477

(2) For a second failure or refusal, the county department	39478
shall deny or terminate the assistance group's eligibility to	39479
participate in Ohio works first for three payment months ~~or until~~	39480
~~the failure or refusal ceases, whichever is longer~~;	39481

(3) For a third or subsequent failure or refusal, the county	39482
department shall deny or terminate the assistance group's	39483
eligibility to participate in Ohio works first for six payment	39484
months ~~or until the failure or refusal ceases, whichever is~~	39485
~~longer~~.	39486

(B) ~~Each county department~~The director of job and family	39487
services shall establish standards for the determination of good	39488
cause for failure or refusal to comply in full with a provision of	39489
a self-sufficiency contract in rules adopted under section 5107.05	39490
of the Revised Code.	39491

~~(1) In the case of a failure or refusal to participate in a~~	39492
~~work activity, developmental activity, or alternative work~~	39493
~~activity under sections 5107.40 to 5107.69 of the Revised Code,~~	39494
~~good cause shall include, except as provided in division (B)(2) of~~	39495
~~this section, the following:~~	39496

~~(a) Failure of the county department to place the member in~~	39497
~~an activity;~~	39498

~~(b) Failure of the county department to provide for the~~	39499
~~assistance group to receive support services the county department~~	39500
~~determines under section 5107.66 of the Revised Code to be~~	39501
~~necessary. In determining whether good cause exists, a county~~	39502
~~department shall determine that day care is a necessary support~~	39503
~~service if a single custodial parent caring for a minor child~~	39504
~~under age six proves a demonstrated inability, as determined by~~	39505
~~the county department, to obtain needed child care for one or more~~	39506
~~of the following reasons:~~	39507

~~(i) Unavailability of appropriate child care within a~~	39508
~~reasonable distance from the parent's home or work site;~~	39509

~~(ii) Unavailability or unsuitability of informal child care~~	39510
~~by a relative or under other arrangements;~~	39511

~~(iii) Unavailability of appropriate and affordable formal~~	39512
~~child care arrangements.~~	39513

~~(2) Good cause does not exist if the member of the assistance~~	39514
~~group is placed in a work activity established under section~~	39515
~~5107.58 of the Revised Code and exhausts the support services~~	39516
~~available for that activity.~~	39517

(C) ~~When a state hearing under division (B) of section~~	39518
~~5101.35 of the Revised Code or an administrative appeal under~~	39519
~~division (C) of that section is held regarding a sanction under~~	39520
~~this section, the hearing officer, director of job and family~~	39521
~~services, or director's designee shall base the decision in the~~	39522
~~hearing or appeal on the county department's standards of good~~	39523
~~cause for failure or refusal to comply in full with a provision of~~	39524
~~a self-sufficiency contract, if the county department provides the~~	39525
~~hearing officer, director, or director's designee a copy of the~~	39526
~~county department's good cause standards.~~	39527

~~(D)~~ After sanctioning an assistance group under division (A)	39528
of this section, a county department of job and family services	39529
shall continue to work with the assistance group ~~to provide the~~	39530
~~member of the assistance group who caused the sanction an~~	39531
~~opportunity to demonstrate to the county department a willingness~~	39532
~~to cease the failure or refusal to comply with the~~	39533
~~self-sufficiency contract~~.	39534

~~(E)~~(D) An adult eligible for ~~medical assistance~~medicaid	39535
pursuant to division (A)(1)(a) of section 5111.01 of the Revised	39536
Code who is sanctioned under division (A)(3) of this section for a	39537
failure or refusal, without good cause, to comply in full with a	39538
provision of a self-sufficiency contract related to work	39539
responsibilities under sections 5107.40 to 5107.69 of the Revised	39540
Code loses eligibility for ~~medical assistance~~medicaid unless the	39541
adult is otherwise eligible for ~~medical assistance~~medicaid	39542
pursuant to another division of section 5111.01 of the Revised	39543
Code.	39544

~~(F)~~ An assistance group that would be participating in Ohio	39545
works first if not for a sanction under this section shall	39546
continue to be eligible for all of the following:	39547

(1) Publicly funded child care in accordance with division	39548
(A)(3) of section 5104.30 of the Revised Code;	39549

(2) Support services in accordance with section 5107.66 of	39550
the Revised Code;	39551

(3) To the extent permitted by the "Fair Labor Standards Act	39552
of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to	39553
participate in work activities, developmental activities, and	39554
alternative work activities in accordance with sections 5107.40 to	39555
5107.69 of the Revised Code.	39556

Sec. 5107.17. An assistance group that resumes participation	39557
in Ohio works first following a sanction under section 5107.16 of	39558
the Revised Code is not required to do either of the following:	39559

(A) Reapply under section 5107.12 of the Revised Code, unless	39560
it is the assistance group's regularly scheduled time for an	39561
eligibility redetermination;	39562

(B) Enter into a new self-sufficiency contract under section	39563
5107.14 of the Revised Code, unless the county department of job	39564
and family services determines it is time for a new appraisal	39565
under section 5107.41 of the Revised Code or the assistance	39566
group's circumstances have changed in a manner necessitating an	39567
amendment to the self-sufficiency contract as determined using	39568
procedures included in the contract under division ~~(I)~~(B)(9) of	39569
section 5107.14 of the Revised Code.	39570

Sec. 5107.281. A participant of Ohio works first who is	39571
enrolled in a school district in a county that is participating in	39572
the learnfare program and is not younger than age six but not	39573
older than age nineteen shall participate in the learnfare program	39574
unless one of the following is the case:	39575

(A) The participant is not yet eligible for enrollment in	39576
first grade;	39577

(B) The participant is subject to the LEAP program ~~under~~	39578
~~section 5107.30 of the Revised Code~~;	39579

39580

(1) A high school diploma;

39581

(2) A certificate stating that the participant has achieved	39582
the equivalent of a high school education as measured by scores	39583
obtained on the tests of general educational development as	39584
published by the American council on education.	39585

(D) The participant has been excused from school attendance	39586
pursuant to section 3321.04 of the Revised Code;	39587

(E) If child care services for a member of the participant's	39588
household are necessary for the participant to attend school,	39589
child care licensed or certified under Chapter 5104. of the	39590
Revised Code or under sections 3301.52 to 3301.59 of the Revised	39591
Code and transportation to and from the child care are not	39592
available;	39593

(F) The participant has been adjudicated a delinquent or	39594
unruly child pursuant to section 2151.28 of the Revised Code.	39595

Sec. 5107.30. (A) As used in this section:

39596

(1) "Equivalent of a high school diploma" and "good cause"	39597
have the meanings established in rules adopted under section	39598
5107.05 of the Revised Code.	39599

(2) ~~"LEAP program" means the learning, earning, and parenting~~	39600
~~program.~~	39601

~~(3)~~ "Participating teen" means an individual to whom all of	39602
the following apply:	39603

(a) The individual is a participant of Ohio works first;

39604

(b) The individual is under age eighteen or is age eighteen	39605
and in school and is a natural or adoptive parent or is pregnant;	39606

(c) The individual is subject to the LEAP program's	39607
requirements.	39608

~~(4)~~(3) "School" means an educational program that is designed	39609
to lead to the attainment of a high school diploma or the	39610
equivalent of a high school diploma.	39611

(B) The director of job and family services may conduct a	39612
program titled the "LEAP program" in accordance with rules adopted	39613
under section 5107.05 of the Revised Code. The purpose of the LEAP	39614
program is to encourage teens to complete school.	39615

Every participating teen shall attend school in accordance	39616
with the requirements governing the LEAP program unless the	39617
participating teen shows good cause for not attending school. The	39618
department shall provide, in addition to the cash assistance	39619
payment provided under Ohio works first, an incentive payment, in	39620
an amount determined by the department, to every participating	39621
teen who attends school in accordance with the requirements	39622
governing the LEAP program. In addition to the incentive payment,	39623
the department may provide other incentives to participating teens	39624
who attend school in accordance with the LEAP program's	39625
requirements. The department shall reduce the cash assistance	39626
payment, in an amount determined by the department, under Ohio	39627
works first to every participating teen who fails or refuses,	39628
without good cause, to meet the LEAP program's requirements.	39629

Every participating teen shall enter into a written agreement	39630
with the county department of job and family services that	39631
specifies all of the following:	39632

(1) The participating teen, to be eligible to receive the	39633
incentive payment and other incentives, if any, under this	39634
section, must meet the requirements of the LEAP program.	39635

(2) The incentive payment and other incentives, if any, will	39636
be provided if the participating teen meets the requirements of	39637
the LEAP program.	39638

(3) The participating teen's cash assistance payment under	39639
Ohio works first will be reduced if the participating teen fails	39640
or refuses without good cause to attend school in accordance with	39641
the requirements governing the LEAP program.	39642

(C) A minor head of ~~household who is participating~~	39643
household's participation in the LEAP program shall be ~~considered~~	39644
~~to be participating in a work activity for the purpose of sections~~	39645
~~5107.40 to 5107.69~~counted in determining whether a county	39646
department of job and family services meets the requirement of	39647
section 5107.44 of the Revised Code. ~~However, the minor head of~~	39648
~~household is not subject to the requirements or sanctions of those~~	39649
~~sections.~~	39650

(D) Subject to the availability of funds, county departments	39651
of job and family services shall provide for participating teens	39652
to receive support services the county department determines to be	39653
necessary for LEAP participation. Support services may include	39654
publicly funded child care under Chapter 5104. of the Revised	39655
Code, transportation, and other services.	39656

Sec. 5107.36. An individual is ~~not eligible to participate~~	39657
inineligible for assistance under Ohio works first if either of	39658
the following apply:	39659

(A) The individual is a fugitive felon as defined in section	39660
5101.20 of the Revised Code;	39661

(B) The individual is violating a condition of probation, a	39662
community control sanction, parole, or a post-release control	39663
sanction imposed under federal or state law.	39664

Sec. 5107.41. As soon as possible after an assistance group	39665
submits an application to participate in Ohio works first, the	39666
county department of job and family services that receives the	39667
application shall schedule and conduct an appraisal of each member	39668
of the assistance group who is a minor head of household or adult,	39669
other than a minor head of household participating in the LEAP	39670
program. The appraisal may include an evaluation of the	39671
employment, educational, physiological, and psychological	39672
abilities or liabilities, or both, of the minor head of household	39673
or adult. At the appraisal, the county department shall develop	39674
with the minor head of household or adult a plan for the	39675
assistance group to achieve the goal of self sufficiency and	39676
personal responsibility through unsubsidized employment within the	39677
time limit for participating in the Ohio works first program	39678
established by section 5107.18 of the Revised Code. The plan shall	39679
include assignments to one or more work activities, developmental	39680
activities, or alternative work activities in accordance with	39681
section 5107.42 of the Revised Code. The county department shall	39682
include the plan in the self-sufficiency contract entered into	39683
under section 5107.14 of the Revised Code.	39684

The county department shall conduct more appraisals of the	39685
minor head of household or adult at times the county department	39686
determines.	39687

If the minor head of household or adult claims to have a	39688
medically determinable physiological or psychological impairment,	39689
illness, or disability, the county department may require that the	39690
minor head of household or adult undergo an independent medical or	39691
psychological examination at a time and place reasonably	39692
convenient to the minor head of household or adult.	39693

Sec. 5107.42. (A) Except as provided in divisions (B) and	39694
(C) of this section, county departments of job and family services	39695
shall assign each minor head of household and adult participating	39696
in Ohio works first, other than a minor head of household	39697
participating in the LEAP program, to one or more work activities	39698
and developmental activities.	39699

If a county department assigns a minor head of household or	39700
adult to the work activity established under division (H) of	39701
section 5107.60 of the Revised Code, the county department shall	39702
make reasonable efforts to assign the minor head of household or	39703
adult to at least one other work activity at the same time. If a	39704
county department assigns a minor head of household or adult to	39705
the work activity established under section 5107.58 of the Revised	39706
Code, the county department shall assign the minor head of	39707
household or adult to at least one other work activity at the same	39708
time.	39709

A county department may not assign a minor head of household	39710
or adult to a work activity established under division (D) of	39711
section 5107.60 of the Revised Code for more than twelve months.	39712

(B) If a county department determines that a minor head of	39713
household or adult has a temporary or permanent barrier to	39714
participation in a work activity, it may assign the minor head of	39715
household or adult to one or more alternative work activities	39716
instead of assigning the minor head of household or adult to one	39717
or more work activities or developmental activities. A county	39718
department may not assign more than twenty per cent of minor heads	39719
of household and adults participating in Ohio works first to an	39720
alternative work activity.	39721

County departments shall establish standards for determining	39722
whether a minor head of household or adult has a temporary or	39723
permanent barrier to participating in a work activity. The	39724
following are examples of circumstances that a county department	39725
may consider when it develops its standards:	39726

(1) A minor head of household or adult provides the county	39727
department documented evidence that one or more members of the	39728
assistance group have been the victim of domestic violence and are	39729
in imminent danger of suffering continued domestic violence;	39730

(2) A minor head of household or adult is actively	39731
participating in an alcohol or drug addiction program certified by	39732
the department of alcohol and drug addiction services under	39733
section 3793.06 of the Revised Code;	39734

(3) An assistance group is homeless.

39735

(C) A county department may exempt a minor head of household	39736
or adult who is unmarried and caring for a minor child under	39737
twelve months of age from the work requirements of sections	39738
5107.40 to 5107.69 of the Revised Code for not more than twelve	39739
months. While exempt, the minor head of household or adult shall	39740
be disregarded in determining whether the county department is	39741
meeting the requirement of section 5107.44 of the Revised Code.	39742
The county department shall assign the exempt minor head of	39743
household or adult to at least one developmental activity for a	39744
number of hours a week the county department determines. The	39745
county department may assign the exempt minor head of household or	39746
adult to one or more work activities, in addition to developmental	39747
activities, for a number of hours the county department	39748
determines. Division (B) of section 5107.43 of the Revised Code	39749
does not apply to the exempt minor head of household or adult.	39750

(D) A county department may reassign a minor head of	39751
household or adult when the county department determines	39752
reassignment will aid the assistance group in achieving self	39753
sufficiency and personal responsibility and shall make	39754
reassignments when circumstances requiring reassignment occur,	39755
including when a temporary barrier to participating in a work	39756
activity is eliminated.	39757

A county department shall include assignments in the	39758
self-sufficiency contract entered into under section 5107.14 of	39759
the Revised Code and shall amend the contract when a reassignment	39760
is made to include the reassignment in the contract.	39761

Sec. 5111.01. As used in this chapter, "medical assistance	39762
program" or "medicaid" means the program that is authorized by	39763
this chapter and provided by the department of job and family	39764
services under this chapter, Title XIX of the "Social Security	39765
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, and the	39766
waivers of Title XIX requirements granted to the department by the	39767
~~health care financing administration~~centers for medicare and	39768
medicaid services of the United States department of health and	39769
human services.	39770

The department of job and family services shall act as the	39771
single state agency to supervise the administration of the	39772
medicaid program. As the single state agency, the department shall	39773
comply with 42 C.F.R. 431.10(e). The department's rules governing	39774
medicaid are binding on other agencies that administer components	39775
of the medicaid program. No agency may establish, by rule or	39776
otherwise, a policy governing medicaid that is inconsistent with a	39777
medicaid policy established, in rule or otherwise, by the director	39778
of job and family services.	39779

(A) ~~The~~Subject to an executive order issued under section	39780
5111.0120 of the Revised Code, the department of job and family	39781
services may provide medical assistance under the medicaid program	39782
as long as federal funds are provided for such assistance, to the	39783
following:	39784

(1) Families with children that meet either of the following	39785
conditions:	39786

(a) The family meets the income, resource, and family	39787
composition requirements in effect on July 16, 1996, for the	39788
former aid to dependent children program as those requirements	39789
were established by Chapter 5107. of the Revised Code, federal	39790
waivers granted pursuant to requests made under former section	39791
5101.09 of the Revised Code, and rules adopted by the department	39792
or any changes the department makes to those requirements in	39793
accordance with paragraph (a)(2) of section 114 of the "Personal	39794
Responsibility and Work Opportunity Reconciliation Act of 1996,"	39795
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	39796
implementing section 5111.019 of the Revised Code. An adult loses	39797
eligibility for ~~medical assistance~~medicaid under division	39798
(A)(1)(a) of this section pursuant to division ~~(E)~~(D) of section	39799
5107.16 of the Revised Code.	39800

(b) The family does not meet the requirements specified in	39801
division (A)(1)(a) of this section but is eligible for ~~medical~~	39802
~~assistance~~medicaid pursuant to section 5101.18 of the Revised	39803
Code.	39804

(2) Aged, blind, and disabled persons who meet the following	39805
conditions:	39806

(a) Receive federal aid under Title XVI of the "Social	39807
Security Act," or are eligible for but are not receiving such aid,	39808
provided that the income from all other sources for individuals	39809
with independent living arrangements shall not exceed one hundred	39810
seventy-five dollars per month. The income standards hereby	39811
established shall be adjusted annually at the rate that is used by	39812
the United States department of health and human services to	39813
adjust the amounts payable under Title XVI.	39814

(b) Do not receive aid under Title XVI, but meet any of the	39815
following criteria:	39816

(i) Would be eligible to receive such aid, except that their	39817
income, other than that excluded from consideration as income	39818
under Title XVI, exceeds the maximum under division (A)(2)(a) of	39819
this section, and incurred expenses for medical care, as	39820
determined under federal regulations applicable to section 209(b)	39821
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	39822
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	39823
their income exceeds the maximum under division (A)(2)(a) of this	39824
section;	39825

(ii) Received aid for the aged, aid to the blind, or aid for	39826
the permanently and totally disabled prior to January 1, 1974, and	39827
continue to meet all the same eligibility requirements;	39828

(iii) Are eligible for ~~medical assistance~~medicaid pursuant	39829
to section 5101.18 of the Revised Code.	39830

(3) Persons to whom federal law requires, as a condition of	39831
state participation in the medicaid program, that ~~medical~~	39832
~~assistance~~medicaid be provided;	39833

(4) Persons under age twenty-one who meet the income	39834
requirements for the Ohio works first program established under	39835
Chapter 5107. of the Revised Code but do not meet other	39836
eligibility requirements for the program. The director shall	39837
adopt rules in accordance with Chapter 119. of the Revised Code	39838
specifying which Ohio works first requirements shall be waived for	39839
the purpose of providing medicaid eligibility under division	39840
(A)(4) of this section.	39841

(B) If sufficient funds are appropriated for ~~such purpose by~~	39842
~~the general assembly~~the medicaid program, the department may	39843
provide medical assistance under the medicaid program to persons	39844
in groups designated by federal law as groups to which a state, at	39845
its option, may provide medical assistance under the medicaid	39846
program.	39847

(C) ~~The~~Subject to an executive order issued under section	39848
5111.0120 of the Revised Code, the department may expand	39849
eligibility for ~~medical assistance~~the medicaid program to include	39850
individuals under age nineteen with family incomes at or below one	39851
hundred fifty per cent of the federal poverty guidelines, except	39852
that the eligibility expansion shall not occur unless the	39853
department receives the approval of the federal government. The	39854
department may implement the eligibility expansion authorized	39855
under this division on any date selected by the department, but	39856
not sooner than January 1, 1998.	39857

(D) In addition to any other authority or requirement to	39858
adopt rules under this chapter, the director may adopt rules in	39859
accordance with section 111.15 of the Revised Code as the director	39860
considers necessary to establish standards, procedures, and other	39861
requirements regarding the provision of medical assistance under	39862
the medicaid program. The rules may establish requirements to be	39863
followed in applying for ~~medical assistance~~medicaid, making	39864
determinations of eligibility for ~~medical assistance~~medicaid, and	39865
verifying eligibility for ~~medical assistance~~medicaid. The rules	39866
may include special conditions as the department determines	39867
appropriate for making applications, determining eligibility, and	39868
verifying eligibility for any medical assistance that the	39869
department may provide under the medicaid program pursuant to	39870
division (C) of this section and section 5111.014 or 5111.019 of	39871
the Revised Code.	39872

Sec. 5111.011. (A) The director of job and family services	39873
shall adopt rules establishing eligibility requirements for the	39874
medicaid program. The rules shall be adopted pursuant to section	39875
111.15 of the Revised Code and shall be consistent with federal	39876
and state law and any executive order issued under section	39877
5111.0120 of the Revised Code. The rules shall include rules that	39878
do all of the following:	39879

(1) Establish standards consistent with federal law for	39880
allocating income and resources as income and resources of the	39881
spouse, children, parents, or stepparents of a recipient of or	39882
applicant for medicaid;	39883

(2) Define the term "resources" as used in division (A)(1) of	39884
this section;	39885

(3) Specify the number of months that is to be used for the	39886
purpose of the term "look-back date" used in section 5111.0116 of	39887
the Revised Code;	39888

(4) Establish processes to be used to determine both of the	39889
following:	39890

(a) The date an institutionalized individual's ineligibility	39891
for services under section 5111.0116 of the Revised Code is to	39892
begin;	39893

(b) The number of months an institutionalized individual's	39894
ineligibility for such services is to continue.	39895

(5) Establish exceptions to the period of ineligibility that	39896
an institutionalized individual would otherwise be subject to	39897
under section 5111.0116 of the Revised Code;	39898

(6) Define the term "other medicaid-funded long-term care	39899
services" as used in sections 5111.0117 and 5111.0118 of the	39900
Revised Code;	39901

(7) For the purpose of division (C)(2)(c) of section	39902
5111.0117 of the Revised Code, establish the process to determine	39903
whether the child of an aged, blind, or disabled individual is	39904
financially dependent on the individual for housing.	39905

(B) Notwithstanding any provision of state law, including	39906
statutes, administrative rules, common law, and court rules,	39907
regarding real or personal property or domestic relations, the	39908
standards established under rules adopted under division (A)(1) of	39909
this section shall be used to determine eligibility for medicaid.	39910

Sec. 5111.014. (A) The director of job and family services	39911
shall submit to the United States secretary of health and human	39912
services an amendment to the state medicaid plan to make an	39913
individual who meets all of the following requirements eligible	39914
for medicaid:	39915

(1) The individual is pregnant;

39916

(2) ~~The~~Subject to an executive order issued under section	39917
5111.0120 of the Revised Code, the individual's family income does	39918
not exceed ~~one~~two hundred ~~fifty~~ per cent of the federal poverty	39919
guidelines;	39920

(3) The individual satisfies all relevant requirements	39921
established by rules adopted under division (D) of section 5111.01	39922
of the Revised Code.	39923

(B) If approved by the United States secretary of health and	39924
human services, the director of job and family services shall	39925
implement the medicaid plan amendment submitted under division (A)	39926
of this section as soon as possible after receipt of notice of the	39927
approval, but not sooner than January 1, ~~2000~~2008.	39928

Sec. 5111.016. (A) As used in this section, "healthcheck" has	39929
the same meaning as in section 3313.714 of the Revised Code.	39930

(B) ~~In accordance with federal law and regulations, the~~The	39931
department of job and family services shall ~~establish~~adopt rules	39932
in accordance with Chapter 119. of the Revised Code establishing a	39933
combination of written and oral methods designed to provide	39934
information about healthcheck to all persons eligible for the	39935
program or their parents or guardians. The department shall ensure	39936
that its methods of providing information are effective. The	39937
methods shall comply with federal law and regulations.	39938

Each county department of job and family services or other	39939
entity that distributes or accepts applications for medical	39940
assistance shall prominently display in a ~~conspicuous place the~~	39941
~~following~~ notice:	39942

~~"Under state and federal law, if you are a Medicaid~~	39943
~~recipient, your child is entitled to a thorough medical~~	39944
~~examination provided through Healthcheck. Once this examination is~~	39945
~~completed, your child is entitled to receive, at no cost to you,~~	39946
~~any service determined to be medically necessary."~~that complies	39947
with the rules adopted under this division.	39948

Sec. 5111.019. ~~(A)~~ The director of job and family services	39949
shall submit to the United States secretary of health and human	39950
services an amendment to the state medicaid plan to make an	39951
individual eligible for medicaid who meets all of the following	39952
requirements ~~eligible for medicaid for the amount of time provided~~	39953
~~by division (B) of this section~~:	39954

~~(1)~~(A) The individual is the parent of a child under nineteen	39955
years of age and resides with the child;	39956

~~(2) The~~(B) Subject to an executive order issued under	39957
section 5111.0120 of the Revised Code, the individual's family	39958
income does not exceed ninety per cent of the federal poverty	39959
guidelines;	39960

~~(3)~~(C) The individual is not otherwise eligible for medicaid;

39961

~~(4)~~(D) The individual satisfies all relevant requirements	39962
established by rules adopted under division (D) of section 5111.01	39963
of the Revised Code.	39964

~~(B) An individual is eligible to receive medicaid under this~~	39965
~~section for a period that does not exceed two years beginning on~~	39966
~~the date on which eligibility is established.~~	39967

Sec. 5111.0111. (A) The director of job and family services	39968
~~may~~shall submit to the United States secretary of health and	39969
human services an amendment to the state medicaid plan to	39970
implement 42 U.S.C. 1396a (a)(10)(A)(ii)(XVII) to make an	39971
individual ~~receiving~~who meets all of the following requirements	39972
eligible for medicaid:	39973

(1) The individual is under twenty-one years of age;

39974

(2) The individual was in foster care under the	39975
responsibility of the state on the individual's eighteenth	39976
birthday;	39977

(3) Foster care maintenance payments or independent living	39978
services ~~pursuant to sections 2151.81 to 2151.84 of the Revised~~	39979
~~Code eligible for medicaid~~were furnished under a program funded	39980
under Title IV-E of the Social Security Act of 1935 on the	39981
individual's behalf before the individual attained eighteen years	39982
of age;	39983

(4) The individual meets all other applicable eligibility	39984
requirements established in rules adopted under section 5111.011	39985
of the Revised Code. If	39986

(B) If approved by the United States secretary of health and	39987
human services, the director of job and family services shall	39988
implement the medicaid plan amendment submitted under this section	39989
beginning January 1, 2008.	39990

Sec. 5111.0112. (A) ~~Not later than July 1, 2006, the~~The	39991
director of job and family services shall institute a ~~copayment~~	39992
cost-sharing program under the medicaid program. ~~To the extent~~	39993
~~permitted by federal law, the copayment~~In instituting the	39994
cost-sharing program, the director shall comply with federal law.	39995
The cost-sharing program shall establish a copayment requirement	39996
for ~~only~~at least dental services, vision services, nonemergency	39997
emergency department services, and prescription drugs, other than	39998
generic drugs. The cost-sharing program shall establish	39999
requirements regarding premiums, enrollment fees, deductions, and	40000
similar charges. The director shall adopt rules under section	40001
5111.02 of the Revised Code governing the copayment program.	40002

(B) The ~~copayment~~cost-sharing program shall, to the extent	40003
permitted by federal law, provide for all of the following with	40004
regard to any providers participating in the medicaid program:	40005

(1) No provider shall refuse to provide a service to a	40006
medicaid recipient who is unable to pay a required copayment for	40007
the service.	40008

(2) Division (B)(1) of this section shall not be considered	40009
to do either of the following with regard to a medicaid recipient	40010
who is unable to pay a required copayment:	40011

(a) Relieve the medicaid recipient from the obligation to pay	40012
a copayment;	40013

(b) Prohibit the provider from attempting to collect an	40014
unpaid copayment.	40015

(3) Except as provided in division (C) of this section, no	40016
provider shall waive a medicaid recipient's obligation to pay the	40017
provider a copayment.	40018

(4) No provider or drug manufacturer, including the	40019
manufacturer's representative, employee, independent contractor,	40020
or agent, shall pay any copayment on behalf of a medicaid	40021
recipient.	40022

(5) If it is the routine business practice of the provider to	40023
refuse service to any individual who owes an outstanding debt to	40024
the provider, the provider may consider an unpaid copayment	40025
imposed by the ~~copayment~~cost-sharing program as an outstanding	40026
debt and may refuse service to a medicaid recipient who owes the	40027
provider an outstanding debt. If the provider intends to refuse	40028
service to a medicaid recipient who owes the provider an	40029
outstanding debt, the provider shall notify the individual of the	40030
provider's intent to refuse services.	40031

(C) In the case of a provider that is a hospital, the	40032
~~copayment~~cost-sharing program shall permit the hospital to take	40033
action to collect a copayment by providing, at the time services	40034
are rendered to a medicaid recipient, notice that a copayment may	40035
be owed. If the hospital provides the notice and chooses not to	40036
take any further action to pursue collection of the copayment, the	40037
prohibition against waiving copayments specified in division	40038
(B)(3) of this section does not apply.	40039

(D) The department of job and family services may work with a	40040
state agency that is administering, pursuant to a contract entered	40041
into under section 5111.91 of the Revised Code, one or more	40042
components of the medicaid program or one or more aspects of a	40043
component as necessary for the state agency to apply the	40044
cost-sharing program to the components or aspects of the medicaid	40045
program that the state agency administers.	40046

Sec. 5111.0120. The governor may issue an executive order	40047
lowering, but not increasing, the income eligibility limit for one	40048
or more components of the medicaid program. The governor may not	40049
lower the income eligibility limit for a component below an amount	40050
permitted by federal law. If the governor issues such an executive	40051
order for a medicaid component, the income eligibility for the	40052
component may not be restored to its previous level except by act	40053
of the general assembly.	40054

Sec. 5111.023. (A) As used in this section:

40055

(1) "Community mental health facility" means a community	40056
mental health facility that has a quality assurance program	40057
accredited by the joint commission on accreditation of healthcare	40058
organizations or is certified by the department of mental health	40059
or department of job and family services.	40060

(2) "Mental health professional" means a person qualified to	40061
work with mentally ill persons under the standards established by	40062
the director of mental health pursuant to section 5119.611 of the	40063
Revised Code.	40064

(B) The state medicaid plan shall include provision of the	40065
following mental health services when provided by community mental	40066
health facilities:	40067

(1) Outpatient mental health services, including, but not	40068
limited to, preventive, diagnostic, therapeutic, rehabilitative,	40069
and palliative interventions rendered to individuals in an	40070
individual or group setting by a mental health professional in	40071
accordance with a plan of treatment appropriately established,	40072
monitored, and reviewed;	40073

(2) Partial-hospitalization mental health services ~~of three~~	40074
~~to fourteen hours per service day,~~ rendered by persons directly	40075
supervised by a mental health professional;	40076

(3) Unscheduled, emergency mental health services of a kind	40077
ordinarily provided to persons in crisis when rendered by persons	40078
supervised by a mental health professional;	40079

(4) Subject to receipt of federal approval, assertive	40080
community treatment and intensive home-based mental health	40081
services.	40082

(C) The comprehensive annual plan shall certify the	40083
availability of sufficient unencumbered community mental health	40084
state subsidy and local funds to match federal medicaid	40085
reimbursement funds earned by community mental health facilities.	40086

(D) The department of job and family services shall enter	40087
into a separate contract with the department of mental health	40088
under section 5111.91 of the Revised Code with regard to the	40089
component of the medicaid program provided for by this section.	40090

(E) Not later than July 21, 2006, the department of job and	40091
family services shall request federal approval to provide	40092
assertive community treatment and intensive home-based mental	40093
health services under medicaid pursuant to this section.	40094

(F) On receipt of federal approval sought under division (E)	40095
of this section, the director of job and family services shall	40096
adopt rules in accordance with Chapter 119. of the Revised Code	40097
for assertive community treatment and intensive home-based mental	40098
health services provided under medicaid pursuant to this section.	40099
The director shall consult with the department of mental health in	40100
adopting the rules.	40101

Sec. 5111.028. (A) Pursuant to section 5111.02 of the Revised	40102
Code, the director of job and family services shall adopt rules	40103
establishing the use of time-limited provider agreements under the	40104
medicaid program. Under the rules, each provider agreement shall	40105
expire three years from the effective date of the agreement.	40106

(B) The rules for use of time-limited provider agreements	40107
shall include a process for re-enrollment of providers. All of the	40108
following apply to the re-enrollment process:	40109

(1) The department may terminate a time-limited provider	40110
agreement or deny re-enrollment when a provider fails to file an	40111
application for re-enrollment within the time and in the manner	40112
required under the re-enrollment process.	40113

(2) If a provider files an application for re-enrollment	40114
within the time and in the manner required under the re-enrollment	40115
process, but the provider agreement expires before the department	40116
acts on the application or before the effective date of the	40117
department's decision on the application, the provider may	40118
continue operating under the terms of the expired provider	40119
agreement until the effective date of the department's decision.	40120

(3) A decision by the department to approve an application	40121
for re-enrollment becomes effective on the date of the	40122
department's decision. A decision by the department to deny	40123
re-enrollment shall take effect not sooner than thirty days after	40124
the date the department mails written notice of the decision to	40125
the provider. The department shall specify in the notice the date	40126
on which the provider is required to cease operating under the	40127
provider agreement.	40128

(C) Pursuant to section 5111.06 of the Revised Code, the	40129
department is not required to take the actions specified in	40130
division (B)(1) of this section by issuing an order pursuant to an	40131
adjudication conducted in accordance with Chapter 119. of the	40132
Revised Code.	40133

Sec. 5111.029. The medicaid program shall cover occupational	40134
therapy services provided by an occupational therapist licensed	40135
under section 4755.08 of the Revised Code. Coverage shall not be	40136
limited to services provided in a hospital or nursing facility.	40137
Any licensed occupational therapist may enter into a medicaid	40138
provider agreement with the department of job and family services	40139
to provide occupational therapy services under the medicaid	40140
program.	40141

Sec. 5111.03. (A) No provider of services or goods	40142
contracting with the department of job and family services	40143
pursuant to the medicaid program shall, by deception, obtain or	40144
attempt to obtain payments under this chapter to which the	40145
provider is not entitled pursuant to the provider agreement, or	40146
the rules of the federal government or the department of job and	40147
family services relating to the program. No provider shall	40148
willfully receive payments to which the provider is not entitled,	40149
or willfully receive payments in a greater amount than that to	40150
which the provider is entitled; nor shall any provider falsify any	40151
report or document required by state or federal law, rule, or	40152
provider agreement relating to medicaid payments. As used in this	40153
section, a provider engages in "deception" when the provider,	40154
acting with actual knowledge of the representation or information	40155
involved, acting in deliberate ignorance of the truth or falsity	40156
of the representation or information involved, or acting in	40157
reckless disregard of the truth or falsity of the representation	40158
or information involved, deceives another or causes another to be	40159
deceived by any false or misleading representation, by withholding	40160
information, by preventing another from acquiring information, or	40161
by any other conduct, act, or omission that creates, confirms, or	40162
perpetuates a false impression in another, including a false	40163
impression as to law, value, state of mind, or other objective or	40164
subjective fact. No proof of specific intent to defraud is	40165
required to show, for purposes of this section, that a provider	40166
has engaged in deception.	40167

(B) Any provider who violates division (A) of this section	40168
shall be liable, in addition to any other penalties provided by	40169
law, for all of the following civil penalties:	40170

(1) Payment of interest on the amount of the excess payments	40171
at the maximum interest rate allowable for real estate mortgages	40172
under section 1343.01 of the Revised Code on the date the payment	40173
was made to the provider for the period from the date upon which	40174
payment was made, to the date upon which repayment is made to the	40175
state;	40176

(2) Payment of an amount equal to three times the amount of	40177
any excess payments;	40178

(3) Payment of a sum of not less than five thousand dollars	40179
and not more than ten thousand dollars for each deceptive claim or	40180
falsification;	40181

(4) All reasonable expenses which the court determines have	40182
been necessarily incurred by the state in the enforcement of this	40183
section.	40184

(C) As used in this division, "intermediate care facility for	40185
the mentally retarded" and "nursing facility" have the same	40186
meanings given in section 5111.20 of the Revised Code.	40187

In addition to the civil penalties provided in division (B)	40188
of this section, the director of job and family services, upon the	40189
conviction of, or the entry of a judgment in either a criminal or	40190
civil action against, a medicaid provider or its owner, officer,	40191
authorized agent, associate, manager, or employee in an action	40192
brought pursuant to section 109.85 of the Revised Code, shall	40193
terminate the provider agreement between the department and the	40194
provider and stop reimbursement to the provider for services	40195
rendered ~~for a period of up to five years~~ from the date of	40196
conviction or entry of judgment. As used in this ~~chapter~~division,	40197
"owner" means any person having at least five per cent ownership	40198
in the medicaid provider. No such provider, owner, officer,	40199
authorized agent, associate, manager, or employee shall own or	40200
provide services to any other medicaid provider or risk contractor	40201
or arrange for, render, or order services for medicaid recipients	40202
~~during the period of termination as provided in division (C) of~~	40203
~~this section~~, nor~~, during the period of termination as provided in~~	40204
~~division (C) of this section,~~ shall such provider, owner, officer,	40205
authorized agent, associate, manager, or employee receive	40206
reimbursement in the form of direct payments from the department	40207
or indirect payments of medicaid funds in the form of salary,	40208
shared fees, contracts, kickbacks, or rebates from or through any	40209
participating provider or risk contractor. The provider agreement	40210
shall not be terminated or reimbursement terminated if the	40211
provider or owner can demonstrate that the provider or owner did	40212
not directly or indirectly sanction the action of its authorized	40213
agent, associate, manager, or employee that resulted in the	40214
conviction or entry of a judgment in a criminal or civil action	40215
brought pursuant to section 109.85 of the Revised Code. Nothing in	40216
this division prohibits any owner, officer, authorized agent,	40217
associate, manager, or employee of a medicaid provider from	40218
entering into a medicaid provider agreement if the person can	40219
demonstrate that the person had no knowledge of an action of the	40220
medicaid provider the person was formerly associated with that	40221
resulted in the conviction or entry of a judgment in a criminal or	40222
civil action brought pursuant to section 109.85 of the Revised	40223
Code.	40224

Nursing facility or intermediate care facility for the	40225
mentally retarded providers whose agreements are terminated	40226
pursuant to this section may continue to receive reimbursement for	40227
up to thirty days after the effective date of the termination if	40228
the provider makes reasonable efforts to transfer recipients to	40229
another facility or to alternate care and if federal funds are	40230
provided for such reimbursement.	40231

(D) For any reason permitted or required by federal law, the	40232
director of job and family services may deny a provider agreement	40233
or terminate a provider agreement.	40234

For any reason permitted or required by federal law, the	40235
director may exclude an individual, provider of services or goods,	40236
or other entity from participation in the medicaid program. No	40237
individual, provider, or entity excluded under this division shall	40238
own or provide services to any other medicaid provider or risk	40239
contractor or arrange for, render, or order services for medicaid	40240
recipients during the period of exclusion, nor, during the period	40241
of exclusion, shall such individual, provider, or entity receive	40242
reimbursement in the form of direct payments from the department	40243
or indirect payments of medicaid funds in the form of salary,	40244
shared fees, contracts, kickbacks, or rebates from or through any	40245
participating provider or risk contractor. An excluded individual,	40246
provider, or entity may request a reconsideration of the	40247
exclusion. The director shall adopt rules in accordance with	40248
Chapter 119. of the Revised Code governing the process for	40249
requesting a reconsideration.	40250

Nothing in this division limits the applicability of section	40251
5111.06 of the Revised Code to a medicaid provider.	40252

(E) Any provider of services or goods contracting with the	40253
department of job and family services pursuant to Title XIX of the	40254
"Social Security Act," who, without intent, obtains payments under	40255
this chapter in excess of the amount to which the provider is	40256
entitled, thereby becomes liable for payment of interest on the	40257
amount of the excess payments at the maximum real estate mortgage	40258
rate on the date the payment was made to the provider for the	40259
period from the date upon which payment was made to the date upon	40260
which repayment is made to the state.	40261

~~(E)~~(F) The attorney general on behalf of the state may	40262
commence proceedings to enforce this section in any court of	40263
competent jurisdiction; and the attorney general may settle or	40264
compromise any case brought under this section with the approval	40265
of the department of job and family services. Notwithstanding any	40266
other provision of law providing a shorter period of limitations,	40267
the attorney general may commence a proceeding to enforce this	40268
section at any time within six years after the conduct in	40269
violation of this section terminates.	40270

~~(F)~~(G) The authority, under state and federal law, of the	40271
department of job and family services or a county department of	40272
job and family services to recover excess payments made to a	40273
provider is not limited by the availability of remedies under	40274
sections 5111.11 and 5111.12 of the Revised Code for recovering	40275
benefits paid on behalf of recipients of medical assistance.	40276

The penalties under this chapter apply to any overpayment,	40277
billing, or falsification occurring on and after April 24, 1978.	40278
All moneys collected by the state pursuant to this section shall	40279
be deposited in the state treasury to the credit of the general	40280
revenue fund.	40281

Sec. 5111.031. (A) As used in this section:

40282

(1) "Independent provider" has the same meaning as in section	40283
5111.034 of the Revised Code.	40284

(2) "Intermediate care facility for the mentally retarded"	40285
and "nursing facility" have the same meanings as in section	40286
5111.20 of the Revised Code.	40287

(3) "Noninstitutional medicaid provider" means any person or	40288
entity with a medicaid provider agreement other than a hospital,	40289
nursing facility, or intermediate care facility for the mentally	40290
retarded.	40291

(4) "Owner" means any person having at least five per cent	40292
ownership in a noninstitutional medicaid provider.	40293

(B) Notwithstanding any provision of this chapter to the	40294
contrary, the department of job and family services shall take	40295
action under this section against a noninstitutional medicaid	40296
provider or its owner, officer, authorized agent, associate,	40297
manager, or employee.	40298

(C) Except as provided in division (D) of this section and in	40299
rules adopted by the department under division (H) of this	40300
section, on receiving notice and a copy of an indictment that is	40301
issued on or after the effective date of this section and charges	40302
a noninstitutional medicaid provider or its owner, officer,	40303
authorized agent, associate, manager, or employee with committing	40304
an offense specified in division (E) of this section, the	40305
department shall suspend the provider agreement held by the	40306
noninstitutional medicaid provider. Subject to division (D) of	40307
this section, the department shall also terminate medicaid	40308
reimbursement to the provider for services rendered.	40309

The suspension shall continue in effect until the proceedings	40310
in the criminal case are completed through conviction, dismissal	40311
of the indictment, plea, or finding of not guilty. If the	40312
department commences a process to terminate the suspended provider	40313
agreement, the suspension shall continue in effect until the	40314
termination process is concluded. Pursuant to section 5111.06 of	40315
the Revised Code, the department is not required to take action	40316
under this division by issuing an order pursuant to an	40317
adjudication conducted in accordance with Chapter 119. of the	40318
Revised Code.	40319

When subject to a suspension under this division, a provider,	40320
owner, officer, authorized agent, associate, manager, or employee	40321
shall not own or provide services to any other medicaid provider	40322
or risk contractor or arrange for, render, or order services for	40323
medicaid recipients during the period of suspension. During the	40324
period of suspension, the provider, owner, officer, authorized	40325
agent, associate, manager, or employee shall not receive	40326
reimbursement in the form of direct payments from the department	40327
or indirect payments of medicaid funds in the form of salary,	40328
shared fees, contracts, kickbacks, or rebates from or through any	40329
participating provider or risk contractor.	40330

(D)(1) The department shall not suspend a provider agreement	40331
or terminate medicaid reimbursement under division (C) of this	40332
section if the provider or owner can demonstrate that the provider	40333
or owner did not directly or indirectly sanction the action of its	40334
authorized agent, associate, manager, or employee that resulted in	40335
the indictment.	40336

(2) The termination of medicaid reimbursement applies only to	40337
payments for medicaid services rendered subsequent to the date on	40338
which the notice required under division (F) of this section is	40339
sent. Claims for reimbursement for medicaid services rendered by	40340
the provider prior to the issuance of the notice may be subject to	40341
prepayment review procedures whereby the department reviews claims	40342
to determine whether they are supported by sufficient	40343
documentation, are in compliance with state and federal statutes	40344
and rules, and are otherwise complete.	40345

(E)(1) In the case of a noninstitutional medicaid provider	40346
that is not an independent provider, the suspension of a provider	40347
agreement under division (C) of this section applies when an	40348
indictment charges a person with committing an act that would be a	40349
felony or misdemeanor under the laws of this state and the act	40350
relates to or results from either of the following:	40351

(a) Furnishing or billing for medical care, services, or	40352
supplies under the medicaid program;	40353

(b) Participating in the performance of management or	40354
administrative services relating to furnishing medical care,	40355
services, or supplies under the medicaid program.	40356

(2) In the case of a noninstitutional medicaid provider that	40357
is an independent provider, the suspension of a provider agreement	40358
under division (C) of this section applies when an indictment	40359
charges a person with committing an act that would constitute one	40360
of the offenses specified in division (D) of section 5111.034 of	40361
the Revised Code.	40362

(F) Not later than five days after suspending a provider	40363
agreement under division (C) of this section, the department shall	40364
send notice of the suspension to the affected provider or owner.	40365
In providing the notice, the department shall do all of the	40366
following:	40367

(1) Describe the indictment that was the cause of the	40368
suspension, without necessarily disclosing specific information	40369
concerning any ongoing civil or criminal investigation;	40370

(2) State that the suspension will continue in effect until	40371
the proceedings in the criminal case are completed through	40372
conviction, dismissal of the indictment, plea, or finding of not	40373
guilty and, if the department commences a process to terminate the	40374
suspended provider agreement, until the termination process is	40375
concluded;	40376

(3) Inform the provider or owner of the opportunity to submit	40377
to the department, not later than thirty days after receiving the	40378
notice, a request for a reconsideration pursuant to division (G)	40379
of this section.	40380

(G)(1) A noninstitutional medicaid provider or owner subject	40381
to a suspension under this section may request a reconsideration.	40382
The request shall be made not later than thirty days after receipt	40383
of the notice provided under division (F) of this section. The	40384
reconsideration is not subject to an adjudication hearing pursuant	40385
to Chapter 119. of the Revised Code.	40386

(2) In requesting a reconsideration, the provider or owner	40387
shall submit written information and documents to the department.	40388
The information and documents may pertain to any of the following	40389
issues:	40390

(a) Whether the determination to suspend the provider	40391
agreement was based on a mistake of fact, other than the validity	40392
of the indictment;	40393

(b) Whether any offense charged in the indictment resulted	40394
from an offense specified in division (E) of this section;	40395

(c) Whether the provider or owner can demonstrate that the	40396
provider or owner did not directly or indirectly sanction the	40397
action of its authorized agent, associate, manager, or employee	40398
that resulted in the indictment.	40399

(3) The department shall review the information and documents	40400
submitted in a request for reconsideration. After the review, the	40401
suspension may be affirmed, reversed, or modified, in whole or in	40402
part. The department shall notify the affected provider or owner	40403
of the results of the review. The review and notification of its	40404
results shall be completed not later than forty-five days after	40405
receiving the information and documents submitted in a request for	40406
reconsideration.	40407

(H) The department may adopt rules in accordance with Chapter	40408
119. of the Revised Code to implement this section. The rules may	40409
specify circumstances under which the department would not suspend	40410
a provider agreement pursuant to this section.	40411

Sec. 5111.032. (A) As used in this section:

40412

(1) "Criminal records check" has the same meaning as in	40413
section 109.572 of the Revised Code.	40414

(2) "Department" includes a designee of the department of job	40415
and family services.	40416

(3) "Owner" means a person who has an ownership interest in a	40417
provider in an amount designated by the department of job and	40418
family services in rules adopted under this section.	40419

(4) "Provider" means a person, institution, or entity that	40420
has a provider agreement with the department of job and family	40421
services pursuant to Title XIX of the "Social Security Act," 49	40422
State. 620 (1965), 42 U.S.C. 1396, as amended.	40423

(B)(1) Except as provided in division (B)(2) of this section,	40424
the department of job and family services may require that any	40425
provider, applicant to be a provider, employee or prospective	40426
employee of a provider, owner or prospective owner of a provider,	40427
officer or prospective officer of a provider, or board member or	40428
prospective board member of a provider submit to a criminal	40429
records check as a condition of obtaining a provider agreement,	40430
continuing to hold a provider agreement, being employed by a	40431
provider, having an ownership interest in a provider, or being an	40432
officer or board member of a provider. The department may	40433
designate the categories of persons who are subject to the	40434
criminal records check requirement. The department shall designate	40435
the times at which the criminal records checks must be conducted.	40436

(2) The section does not apply to providers, applicants to be	40437
providers, employees of a provider, or prospective employees of a	40438
provider who are subject to criminal records checks under section	40439
5111.033 or 5111.034 of the Revised Code.	40440

(C)(1) The department shall inform each provider or applicant	40441
to be a provider whether the provider or applicant is subject to a	40442
criminal records check requirement under division (B) of this	40443
section. For providers, the information shall be given at times	40444
designated in rules adopted under this section. For applicants to	40445
be providers, the information shall be given at the time of	40446
initial application. When the information is given, the department	40447
shall specify which of the provider's or applicant's employees or	40448
prospective employees, owners or prospective owners, officers or	40449
prospective officers, or board members or prospective board	40450
members are subject to the criminal records check requirement.	40451

(2) At times designated in rules adopted under this section,	40452
a provider that is subject to the criminal records check	40453
requirement shall inform each person specified by the department	40454
under division (C)(1) of this section that the person is required,	40455
as applicable, to submit to a criminal records check for final	40456
consideration for employment in a full-time, part-time, or	40457
temporary position; as a condition of continued employment; or as	40458
a condition of becoming or continuing to be an officer, board	40459
member or owner of a provider.	40460

(D)(1) If a provider or applicant to be a provider is subject	40461
to a criminal records check under this section, the department	40462
shall require the conduct of a criminal records check by the	40463
superintendent of the bureau of criminal identification and	40464
investigation. If a provider or applicant to be a provider for	40465
whom a criminal records check is required does not present proof	40466
of having been a resident of this state for the five-year period	40467
immediately prior to the date the criminal records check is	40468
requested or provide evidence that within that five-year period	40469
the superintendent has requested information about the individual	40470
from the federal bureau of investigation in a criminal records	40471
check, the department shall require the provider or applicant to	40472
request that the superintendent obtain information from the	40473
federal bureau of investigation as part of the criminal records	40474
check of the provider or applicant. Even if a provider or	40475
applicant for whom a criminal records check request is required	40476
presents proof of having been a resident of this state for the	40477
five-year period, the department may require that the provider or	40478
applicant request that the superintendent obtain information from	40479
the federal bureau of investigation and include it in the criminal	40480
records check of the provider or applicant.	40481

(2) A provider shall require the conduct of a criminal	40482
records check by the superintendent with respect to each of the	40483
persons specified by the department under division (C)(1) of this	40484
section. If the person for whom a criminal records check is	40485
required does not present proof of having been a resident of this	40486
state for the five-year period immediately prior to the date the	40487
criminal records check is requested or provide evidence that	40488
within that five-year period the superintendent of the bureau of	40489
criminal identification and investigation has requested	40490
information about the individual from the federal bureau of	40491
investigation in a criminal records check, the individual shall	40492
request that the superintendent obtain information from the	40493
federal bureau of investigation as part of the criminal records	40494
check of the individual. Even if an individual for whom a criminal	40495
records check request is required presents proof of having been a	40496
resident of this state for the five-year period, the department	40497
may require the provider to request that the superintendent obtain	40498
information from the federal bureau of investigation and include	40499
it in the criminal records check of the person.	40500

(E)(1) Criminal records checks required under this section	40501
for providers or applicants to be providers shall be obtained as	40502
follows:	40503

(a) The department shall provide each provider or applicant	40504
information about accessing and completing the form prescribed	40505
pursuant to division (C)(1) of section 109.572 of the Revised Code	40506
and the standard fingerprint impression sheet prescribed pursuant	40507
to division (C)(2) of that section.	40508

(b) The provider or applicant shall submit the required form	40509
and one complete set of fingerprint impressions directly to the	40510
superintendent for purposes of conducting the criminal records	40511
check using the applicable methods prescribed by division (C) of	40512
section 109.572 of the Revised Code. The applicant or provider	40513
shall pay all fees associated with obtaining the criminal records	40514
check.	40515

(c) The superintendent shall conduct the criminal records	40516
check in accordance with section 109.572 of the Revised Code. The	40517
provider or applicant shall instruct the superintendent to submit	40518
the report of the criminal records check directly to the director	40519
of job and family services.	40520

(2) Criminal records checks required under this section for	40521
persons specified by the department under division (C)(1) of this	40522
section shall be obtained as follows:	40523

(a) The provider shall give to each person subject to	40524
criminal records check requirement information about accessing and	40525
completing the form prescribed pursuant to division (C)(1) of	40526
section 109.572 of the Revised Code and the standard fingerprint	40527
impression sheet prescribed pursuant to division (C)(2) of that	40528
section.	40529

(b) The person shall submit the required form and one	40530
complete set of fingerprint impressions directly to the	40531
superintendent for purposes of conducting the criminal records	40532
check using the applicable methods prescribed by division (C) of	40533
section 109.572 of the Revised Code. The person shall pay all fees	40534
associated with obtaining the criminal records check.	40535

(c) The superintendent shall conduct the criminal records	40536
check in accordance with section 109.572 of the Revised Code. The	40537
person subject to the criminal records check shall instruct the	40538
superintendent to submit the report of the criminal records check	40539
directly to the provider. The department may require the provider	40540
to submit the report to the department.	40541

(F) If a provider or applicant to be a provider is given the	40542
information specified in division (E)(1)(a) of this section but	40543
fails to obtain a criminal records check, the department shall, as	40544
applicable, terminate the provider agreement or deny the	40545
application to be a provider.	40546

If a person is given the information specified in division	40547
(E)(2)(a) of this section but fails to obtain a criminal records	40548
check, the provider shall not, as applicable, permit the person to	40549
be an employee, owner, officer, or board member of the provider.	40550

(G) Except as provided in rules adopted under division (J) of	40551
this section, the department shall terminate the provider	40552
agreement of a provider or the department shall not issue a	40553
provider agreement to an applicant if the provider or applicant is	40554
subject to a criminal records check under this section and the	40555
provider or applicant has been convicted of, has pleaded guilty	40556
to, or has been found eligible for intervention in lieu of	40557
conviction for any of the following:	40558

(1) A violation of section 2903.01, 2903.02, 2903.03,	40559
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	40560
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	40561
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	40562
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	40563
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	40564
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	40565
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	40566
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	40567
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	40568
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	40569
3716.11 of the Revised Code, felonious sexual penetration in	40570
violation of former section 2907.12 of the Revised Code, a	40571
violation of section 2905.04 of the Revised Code as it existed	40572
prior to July 1, 1996, a violation of section 2919.23 of the	40573
Revised Code that would have been a violation of section 2905.04	40574
of the Revised Code as it existed prior to July 1, 1996, had the	40575
violation been committed prior to that date;	40576

(2) An existing or former law of this state, any other state,	40577
or the United States that is substantially equivalent to any of	40578
the offenses listed in division (D)(1) of this section.	40579

(H)(1)(a) Except as provided in rules adopted under division	40580
(J) of this section and subject to division (H)(2) of this	40581
section, no provider shall permit a person to be an employee,	40582
owner, officer, or board member of the provider if the person is	40583
subject to a criminal records check under this section and the	40584
person has been convicted of, has pleaded guilty to, or has been	40585
found eligible for intervention in lieu of conviction for any of	40586
the offenses specified in division (G)(1) or (2) of this section.	40587

(b) No provider shall employ a person who has been excluded	40588
from participating in the medicaid program, the medicare program	40589
operated pursuant to Title XVIII of the "Social Security Act," or	40590
any other federal health care program.	40591

(2)(a) A provider may employ conditionally a person for whom	40592
a criminal records check is required under this section prior to	40593
obtaining the results of a criminal records check regarding the	40594
person, but only if the person submits a request for a criminal	40595
records check not later than five business days after the	40596
individual begins conditional employment.	40597

(b) A provider that employs a person conditionally under	40598
authority of division (H)(2)(a) of this section shall terminate	40599
the person's employment if the results of the criminal records	40600
check request are not obtained within the period ending sixty days	40601
after the date the request is made. Regardless of when the results	40602
of the criminal records check are obtained, if the results	40603
indicate that the individual has been convicted of, has pleaded	40604
guilty to, or has been found eligible for intervention in lieu of	40605
conviction for any of the offenses specified in division (G)(1) or	40606
(2) of this section, the provider shall terminate the person's	40607
employment unless the provider chooses to employ the individual	40608
pursuant to division (J) of this section.	40609

(I) The report of a criminal records check conducted pursuant	40610
to this section is not a public record for the purposes of section	40611
149.43 of the Revised Code and shall not be made available to any	40612
person other than the following:	40613

(1) The person who is the subject of the criminal records	40614
check or the person's representative;	40615

(2) The director of job and family services and the staff of	40616
the department in the administration of the medicaid program;	40617

(3) A court, hearing officer, or other necessary individual	40618
involved in a case dealing with the denial or termination of a	40619
provider agreement;	40620

(4) A court, hearing officer, or other necessary individual	40621
involved in a case dealing with a person's denial of employment,	40622
termination of employment, or employment or unemployment benefits.	40623

(J) The department may adopt rules in accordance with Chapter	40624
119. of the Revised Code to implement this section. The rules may	40625
specify circumstances under which the department may continue a	40626
provider agreement or issue a provider agreement to an applicant	40627
when the provider or applicant has been convicted of, has pleaded	40628
guilty to, or has been found eligible for intervention in lieu of	40629
conviction for any of the offenses specified in division (G)(1) or	40630
(2) of this section. The rules may also specify circumstances	40631
under which a provider may permit a person to be an employee,	40632
owner, officer, or board member of the provider, when the person	40633
has been convicted of, has pleaded guilty to, or has been found	40634
eligible for intervention in lieu of conviction for any of the	40635
offenses specified in division (G)(1) or (2) of this section.	40636

~~Sec. 5111.95.~~ Sec. 5111.033. (A) As used in this section:

40637

(1) "Applicant" means a person who is under final	40638
consideration for employment or, after ~~the effective date of this~~	40639
~~section~~September 26, 2003, an existing employee with a waiver	40640
agency in a full-time, part-time, or temporary position that	40641
involves providing home and community-based waiver services to a	40642
person with disabilities. "Applicant" also means an existing	40643
employee with a waiver agency in a full-time, part-time, or	40644
temporary position that involves providing home and	40645
community-based waiver services to a person with disabilities	40646
after ~~the effective date of this section~~September 26, 2003.	40647

(2) "Criminal records check" has the same meaning as in	40648
section 109.572 of the Revised Code.	40649

(3) "Waiver agency" means a person or government entity that	40650
is not certified under the medicare program and is accredited by	40651
the community health accreditation program or the joint commission	40652
on accreditation of health care organizations or a company that	40653
provides home and community-based waiver services to persons with	40654
disabilities through department of job and family services	40655
administered home and community-based waiver programs.	40656

(4) "Home and community-based waiver services" means services	40657
furnished under the provision of 42 C.F.R. 441, subpart G, that	40658
permit individuals to live in a home setting rather than a nursing	40659
facility or hospital. Home and community-based waiver services are	40660
approved by the centers for medicare and medicaid for specific	40661
populations and are not otherwise available under the medicaid	40662
state plan.	40663

(B)(1) The chief administrator of a waiver agency shall	40664
require each applicant to request that the superintendent of the	40665
bureau of criminal identification and investigation conduct a	40666
criminal records check with respect to ~~each~~the applicant. If an	40667
applicant for whom a criminal records check request is required	40668
under this division does not present proof of having been a	40669
resident of this state for the five-year period immediately prior	40670
to the date the criminal records check is requested or provide	40671
evidence that within that five-year period the superintendent has	40672
requested information about the applicant from the federal bureau	40673
of investigation in a criminal records check, the chief	40674
administrator shall require the applicant to request that the	40675
superintendent obtain information from the federal bureau of	40676
investigation as part of the criminal records check of the	40677
applicant. Even if an applicant for whom a criminal records check	40678
request is required under this division presents proof of having	40679
been a resident of this state for the five-year period, the chief	40680
administrator may require the applicant to request that the	40681
superintendent include information from the federal bureau of	40682
investigation in the criminal records check.	40683

(2) ~~A person required by division (B)(1) of this section to~~	40684
~~request a criminal records check~~The chief administrator shall do	40685
~~both of~~provide the following:	40686

~~(a) Provide~~ to each applicant for whom a criminal records	40687
check request is required under division (B)(1) of this section a	40688
~~copy of~~:	40689

(a) Information about accessing, completing, and forwarding	40690
to the superintendent of the bureau of criminal identification and	40691
investigation the form prescribed pursuant to division (C)(1) of	40692
section 109.572 of the Revised Code and athe standard fingerprint	40693
impression sheet prescribed pursuant to division (C)(2) of that	40694
section~~, and obtain the completed form and impression sheet from~~	40695
~~the applicant~~;	40696

(b) ~~Forward the completed form and impression sheet to the~~	40697
~~superintendent of the bureau of criminal identification and~~	40698
~~investigation~~Written notification that the applicant is to	40699
instruct the superintendent to submit the completed report of the	40700
criminal records check directly to the chief administrator.	40701

(3) An applicant ~~provided the form and fingerprint impression~~	40702
~~sheet under division (B)(2)(a) of this section who fails to~~	40703
~~complete the form or provide fingerprint impressions~~given	40704
information and notification under divisions (B)(2)(a) and (b) of	40705
this section who fails to access, complete, and forward to the	40706
superintendent the form or the standard fingerprint impression	40707
sheet, or who fails to instruct the superintendent to submit the	40708
completed report of the criminal records check directly to the	40709
chief administrator, shall not be employed in any position in a	40710
waiver agency for which a criminal records check is required by	40711
this section.	40712

(C)(1) Except as provided in rules adopted by the department	40713
of job and family services in accordance with division (F) of this	40714
section and subject to division (C)(2) of this section, no waiver	40715
agency shall employ a person in a position that involves providing	40716
home and community-based waiver services to persons with	40717
disabilities if the person has been convicted of or, has pleaded	40718
guilty to, or has been found eligible for intervention in lieu of	40719
conviction for any of the following:	40720

(a) A violation of section 2903.01, 2903.02, 2903.03,	40721
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	40722
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	40723
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	40724
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	40725
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	40726
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	40727
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	40728
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	40729
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	40730
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	40731
3716.11 of the Revised Code, felonious sexual penetration in	40732
violation of former section 2907.12 of the Revised Code, a	40733
violation of section 2905.04 of the Revised Code as it existed	40734
prior to July 1, 1996, a violation of section 2919.23 of the	40735
Revised Code that would have been a violation of section 2905.04	40736
of the Revised Code as it existed prior to July 1, 1996, had the	40737
violation been committed prior to that date;	40738

(b) An existing or former law of this state, any other state,	40739
or the United States that is substantially equivalent to any of	40740
the offenses listed in division (C)(1)(a) of this section.	40741

(2)(a) A waiver agency may employ conditionally an applicant	40742
for whom a criminal records check request is required under	40743
division (B) of this section prior to obtaining the results of a	40744
criminal records check regarding the individual, provided that the	40745
agency shall require the individual to request a criminal records	40746
check regarding the individual in accordance with division (B)(1)	40747
of this section not later than five business days after the	40748
individual begins conditional employment.	40749

(b) A waiver agency that employs an individual conditionally	40750
under authority of division (C)(2)(a) of this section shall	40751
terminate the individual's employment if the results of the	40752
criminal records check request under division (B) of this section,	40753
other than the results of any request for information from the	40754
federal bureau of investigation, are not obtained within the	40755
period ending sixty days after the date the request is made.	40756
Regardless of when the results of the criminal records check are	40757
obtained, if the results indicate that the individual has been	40758
convicted of or, has pleaded guilty to, or has been found eligible	40759
for intervention in lieu of conviction for any of the offenses	40760
listed or described in division (C)(1) of this section, the agency	40761
shall terminate the individual's employment unless the agency	40762
chooses to employ the individual pursuant to division (F) of this	40763
section.	40764

(D)(1) ~~Each waiver agency shall pay to the bureau of criminal~~	40765
~~identification and investigation the~~The fee prescribed pursuant	40766
to division (C)(3) of section 109.572 of the Revised Code for each	40767
criminal records check conducted pursuant to a request made under	40768
division (B) of this section shall be paid to the bureau of	40769
criminal identification and investigation by the applicant or the	40770
waiver agency.	40771

(2) AIf a waiver agency pays the fee, it may charge anthe	40772
applicant a fee not exceeding the amount the agency pays under	40773
division (D)(1) of this section. An agency may collect a fee only	40774
if the agency notifies the person at the time of initial	40775
application for employment of the amount of the fee and that,	40776
unless the fee is paid, the person will not be considered for	40777
employment.	40778

(E) The report of any criminal records check conducted	40779
pursuant to a request made under this section is not a public	40780
record for the purposes of section 149.43 of the Revised Code and	40781
shall not be made available to any person other than the	40782
following:	40783

(1) The individual who is the subject of the criminal records	40784
check or the individual's representative;	40785

(2) The chief administrator of the agency requesting the	40786
criminal records check or the administrator's representative;	40787

(3) An administrator at the department;

40788

(4) A court, hearing officer, or other necessary individual	40789
involved in a case dealing with a denial of employment of the	40790
applicant or dealing with employment or unemployment benefits of	40791
the applicant.	40792

(F) The department shall adopt rules in accordance with	40793
Chapter 119. of the Revised Code to implement this section. The	40794
rules shall specify circumstances under which a waiver agency may	40795
employ a person who has been convicted of or, has pleaded guilty	40796
to, or has been found eligible for intervention in lieu of	40797
conviction for an offense listed or described in division (C)(1)	40798
of this section ~~but meets personal character standards set by the~~	40799
~~department~~.	40800

(G) The chief administrator of a waiver agency shall inform	40801
each person, at the time of initial application for a position	40802
that involves providing home and community-based waiver services	40803
to a person with a disability, that the person is required to	40804
provide a set of fingerprint impressions and that a criminal	40805
records check is required to be conducted if the person comes	40806
under final consideration for employment.	40807

(H)(1) A person who, on ~~the effective date of this section~~	40808
September 26, 2003, is an employee of a waiver agency in a	40809
full-time, part-time, or temporary position that involves	40810
providing home and community-based waiver services to a person	40811
with disabilities shall comply with this section within sixty days	40812
after ~~the effective date of this section~~September 26, 2003,	40813
unless division (H)(2) of this section applies.	40814

(2) This section shall not apply to a person to whom all of	40815
the following apply:	40816

(a) On ~~the effective date of this section~~September 26, 2003,	40817
the person is an employee of a waiver agency in a full-time,	40818
part-time, or temporary position that involves providing home and	40819
community-based waiver services to a person with disabilities.	40820

(b) The person previously had been the subject of a criminal	40821
background check relating to that position;	40822

(c) The person has been continuously employed in that	40823
position since that criminal background check had been conducted.	40824

~~Sec. 5111.96.~~ Sec. 5111.034. (A) As used in this section:

40825

(1) "Anniversary date" means the later of the effective date	40826
of the provider agreement relating to the independent provider or	40827
sixty days after ~~the effective date of this section~~September 26,	40828
2003.	40829

(2) "Criminal records check" has the same meaning as in	40830
section 109.572 of the Revised Code.	40831

(3) "~~The department~~Department" ~~means~~includes a designee of	40832
the department of job and family services ~~or its designee~~.	40833

(4) "Independent provider" means a person who is submitting	40834
an application for a provider agreement or who has a provider	40835
agreement as an independent provider in a department of job and	40836
family services administered home and community-based services	40837
program providing home and community-based waiver services to	40838
consumers with disabilities.	40839

(5) "Home and community-based waiver services" has the same	40840
meaning as in section ~~5111.95~~5111.033 of the Revised Code.	40841

(B)(1) The department of job and family services shall inform	40842
each independent provider, at the time of initial application for	40843
a provider agreement that involves providing home and	40844
community-based waiver services to consumers with disabilities,	40845
that the independent provider is required to provide a set of	40846
fingerprint impressions and that a criminal records check is	40847
required to be conducted if the person is to become an independent	40848
provider in a department administered home and community-based	40849
waiver program.	40850

(2) Beginning on ~~the effective date of this section~~September	40851
26, 2003, the department shall inform each enrolled medicaid	40852
independent provider on or before time of the anniversary date of	40853
the provider agreement that involves providing home and	40854
community-based waiver services to consumers with disabilities	40855
that the independent provider is required to provide a set of	40856
fingerprint impressions and that a criminal records check is	40857
required to be conducted.	40858

(C)(1) The department shall require the independent provider	40859
to complete a criminal records check prior to entering into a	40860
provider agreement with the independent provider and at least	40861
annually thereafter. If an independent provider for whom a	40862
criminal records check is required under this division does not	40863
present proof of having been a resident of this state for the	40864
five-year period immediately prior to the date the criminal	40865
records check is requested or provide evidence that within that	40866
five-year period the superintendent of the bureau of criminal	40867
identification and investigation has requested information about	40868
the ~~applicant~~independent provider from the federal bureau of	40869
investigation in a criminal records check, the department shall	40870
request that the independent provider obtain through the	40871
superintendent a criminal records request from the federal bureau	40872
of investigation as part of the criminal records check of the	40873
independent provider. Even if an independent provider for whom a	40874
criminal records check request is required under this division	40875
presents proof of having been a resident of this state for the	40876
five-year period, the department may request that the independent	40877
provider obtain information through the superintendent from the	40878
federal bureau of investigation in the criminal records check.	40879

(2) The department shall ~~do both of~~provide the following:

40880

~~(a) Provide information~~ to each independent provider for whom	40881
a criminal records check request is required under division (C)(1)	40882
of this section ~~about requesting a copy of~~:	40883

(a) Information about accessing, completing, and forwarding	40884
to the superintendent of the bureau of criminal identification and	40885
investigation the form prescribed pursuant to division (C)(1) of	40886
section 109.572 of the Revised Code and athe standard fingerprint	40887
impression sheet prescribed pursuant to division (C)(2) of that	40888
section~~, and obtain the completed form and impression sheet and~~	40889
~~fee from the independent provider~~;	40890

(b) ~~Forward the completed form, impression sheet, and fee to~~	40891
~~the superintendent of the bureau of criminal identification and~~	40892
~~investigation~~Written notification that the independent provider	40893
is to instruct the superintendent to submit the completed report	40894
of the criminal records check directly to the department.	40895

(3) An independent provider given information ~~about obtaining~~	40896
~~the form and fingerprint impression sheet under division (C)(2)(a)~~	40897
~~of this section who fails to complete the form or provide~~	40898
~~fingerprint impressions~~and notification under divisions (C)(2)(a)	40899
and (b) of this section who fails to access, complete, and forward	40900
to the superintendent the form or the standard fingerprint	40901
impression sheet, or who fails to instruct the superintendent to	40902
submit the completed report of the criminal records check directly	40903
to the department, shall not be approved as an independent	40904
provider.	40905

(D) Except as provided in rules adopted by the department in	40906
accordance with division (G) of this section, the department shall	40907
not issue a new provider agreement to, and shall terminate an	40908
existing provider agreement of, an independent provider if the	40909
person has been convicted of or, has pleaded guilty to, or has	40910
been found eligible for intervention in lieu of conviction for any	40911
of the following:	40912

(1) A violation of section 2903.01, 2903.02, 2903.03,	40913
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	40914
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	40915
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	40916
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	40917
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	40918
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	40919
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	40920
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	40921
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	40922
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	40923
3716.11 of the Revised Code, felonious sexual penetration in	40924
violation of former section 2907.12 of the Revised Code, a	40925
violation of section 2905.04 of the Revised Code as it existed	40926
prior to July 1, 1996, a violation of section 2919.23 of the	40927
Revised Code that would have been a violation of section 2905.04	40928
of the Revised Code as it existed prior to July 1, 1996, had the	40929
violation been committed prior to that date;	40930

(2) An existing or former law of this state, any other state,	40931
or the United States that is substantially equivalent to any of	40932
the offenses listed in division (D)(1) of this section.	40933

(E) Each independent provider shall pay to the bureau of	40934
criminal identification and investigation the fee prescribed	40935
pursuant to division (C)(3) of section 109.572 of the Revised Code	40936
for each criminal records check conducted pursuant to a request	40937
made under division (C) of this section.	40938

(F) The report of any criminal records check conducted by the	40939
bureau of criminal identification and investigation in accordance	40940
with section 109.572 of the Revised Code and pursuant to a request	40941
made under division (C) of this section is not a public record for	40942
the purposes of section 149.43 of the Revised Code and shall not	40943
be made available to any person other than the following:	40944

(1) The person who is the subject of the criminal records	40945
check or the person's representative;	40946

(2) ~~The~~An administrator at the department ~~who is requesting~~	40947
~~the criminal records check~~ or the administrator's representative;	40948

(3) ~~Any~~A court, hearing officer, or other necessary	40949
individual involved in a case dealing with a denial or termination	40950
of a provider agreement related to the criminal records check.	40951

(G) The department shall adopt rules in accordance with	40952
Chapter 119. of the Revised Code to implement this section. The	40953
rules shall specify circumstances under which the department may	40954
either issue a provider agreement to an independent provider ~~who~~	40955
or allow an independent provider to maintain an existing provider	40956
agreement when the independent provider has been convicted of or,	40957
has pleaded guilty to, or has been found eligible for intervention	40958
in lieu of conviction for an offense listed or described in	40959
division (C)(1) of this section ~~but meets personal character~~	40960
~~standards set by the department~~.	40961

Sec. 5111.06. (A)(1) As used in this section and in sections	40962
5111.061 and 5111.062 of the Revised Code:	40963

(a) "Provider" means any person, institution, or entity that	40964
furnishes medicaid services under a provider agreement with the	40965
department of job and family services pursuant to Title XIX of the	40966
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	40967
amended.	40968

(b) "Party" has the same meaning as in division (G) of	40969
section 119.01 of the Revised Code.	40970

(c) "Adjudication" has the same meaning as in division (D) of	40971
section 119.01 of the Revised Code.	40972

(2) This section does not apply to any action taken by the	40973
department of job and family services under sections 5111.35 to	40974
5111.62 of the Revised Code.	40975

(B) Except as provided in division (D) of this section and	40976
section 5111.914 of the Revised Code, the department shall do	40977
either of the following by issuing an order pursuant to an	40978
adjudication conducted in accordance with Chapter 119. of the	40979
Revised Code:	40980

(1) Enter into or refuse to enter into a provider agreement	40981
with a provider, or suspend, terminate, renew, or refuse to renew	40982
an existing provider agreement with a provider;	40983

(2) Take any action based upon a final fiscal audit of a	40984
provider.	40985

(C) Any party who is adversely affected by the issuance of an	40986
adjudication order under division (B) of this section may appeal	40987
to the court of common pleas of Franklin county in accordance with	40988
section 119.12 of the Revised Code.	40989

(D) The department is not required to comply with division	40990
(B)(1) of this section whenever any of the following occur:	40991

(1) The terms of a provider agreement require the provider to	40992
~~have~~hold a license, permit, or certificate or maintain a	40993
certification issued by an official, board, commission,	40994
department, division, bureau, or other agency of state or federal	40995
government other than the department of job and family services,	40996
and the license, permit, or certificate, or certification has been	40997
denied or, revoked, not renewed, suspended, or otherwise limited.	40998

(2) The terms of a provider agreement require the provider to	40999
hold a license, permit, or certificate or maintain certification	41000
issued by an official, board, commission, department, division,	41001
bureau, or other agency of state or federal government other than	41002
the department of job and family services, and the provider has	41003
not obtained the license, permit, certificate, or certification.	41004

(3) The provider agreement is denied, terminated, or not	41005
renewed due to the termination, refusal to renew, or denial of a	41006
license, permit, certificate, or certification by an official,	41007
board, commission, department, division, bureau, or other agency	41008
of this state other than the department of job and family	41009
services, notwithstanding the fact that the provider may hold a	41010
license, permit, certificate, or certification from an official,	41011
board, commission, department, division, bureau, or other agency	41012
of another state.	41013

~~(2)~~(4) The provider agreement is denied, terminated, or not	41014
renewed pursuant to division (C) or ~~(E)~~(F) of section 5111.03 of	41015
the Revised Code;	41016

~~(3)~~(5) The provider agreement is denied, terminated, or not	41017
renewed due to the provider's termination, suspension, or	41018
exclusion from the medicare program established under Title XVIII	41019
of the "Social Security Act," and the termination, suspension, or	41020
exclusion is binding on the provider's participation in the	41021
medicaid program;	41022

~~(4)~~(6) The provider agreement is denied, terminated, or not	41023
renewed due to the provider's pleading guilty to or being	41024
convicted of a criminal activity materially related to either the	41025
medicare or medicaid program;	41026

~~(5)~~(7) The provider agreement is denied, terminated, or	41027
suspended as a result of action by the United States department of	41028
health and human services and that action is binding on the	41029
provider's participation in the medicaid program;	41030

~~(6)~~(8) The provider agreement is suspended pursuant to	41031
section 5111.031 of the Revised Code pending indictment of the	41032
provider.	41033

(9) The provider agreement is denied, terminated, or not	41034
renewed because the provider has been convicted of one of the	41035
offenses that caused the provider agreement to be suspended	41036
pursuant to section 5111.031 of the Revised Code.	41037

(10) The provider agreement is terminated or an application	41038
for re-enrollment is denied because the provider has failed to	41039
apply for re-enrollment within the time or in the manner specified	41040
for re-enrollment pursuant to section 5111.028 of the Revised	41041
Code.	41042

(11) The provider agreement is terminated or not renewed	41043
because the provider has not billed or otherwise submitted a	41044
medicaid claim to the department for two years or longer, and the	41045
department has determined that the provider has moved from the	41046
address on record with the department without leaving an active	41047
forwarding address with the department.	41048

In the case of a provider described in division (D)~~(6)~~(11) of	41049
this section, the department may terminate or not renew the	41050
provider agreement by sending a notice explaining the department's	41051
proposed action to the address on record with the department. The	41052
notice may be sent by regular mail.	41053

(E) The department may withhold payments for services	41054
rendered by a medicaid provider under the medical assistance	41055
program during the pendency of proceedings initiated under	41056
division (B)(1) of this section. If the proceedings are initiated	41057
under division (B)(2) of this section, the department may withhold	41058
payments only to the extent that they equal amounts determined in	41059
a final fiscal audit as being due the state. This division does	41060
not apply if the department fails to comply with section 119.07 of	41061
the Revised Code, requests a continuance of the hearing, or does	41062
not issue a decision within thirty days after the hearing is	41063
completed. This division does not apply to nursing facilities and	41064
intermediate care facilities for the mentally retarded as defined	41065
in section 5111.20 of the Revised Code.	41066

Sec. 5111.084. There is hereby established the pharmacy and	41067
therapeutics committee of the department of job and family	41068
services. The committee shall consist of nine members and shall be	41069
appointed by the director of job and family services. The	41070
membership of the committee shall include: three pharmacists	41071
licensed under Chapter 4729. of the Revised Code; two doctors of	41072
medicine and two doctors of osteopathy licensed under Chapter	41073
4731. of the Revised Code; a registered nurse licensed under	41074
Chapter 4723. of the Revised Code; and a pharmacologist who has a	41075
doctoral degree. At least one of the members who is a doctor of	41076
medicine or doctor of osteopathy shall be a psychiatrist. The	41077
committee shall elect one of its members as chairperson.	41078

Sec. 5111.085. (A) As used in this section, "mental health	41079
drug" means a drug that meets one of the following requirements:	41080

(1) Is classified as an antianxiety, antidepressant,	41081
anticonvulsant, or antipsychotic central nervous system drug in	41082
the most recent edition of one of the following publications:	41083

(a) The American psychiatric press textbook of	41084
psychopharmacology;	41085

(b) Current clinical strategies for psychiatry;

41086

41087

(d) A publication with a focus and content comparable to the	41088
publications described in divisions (A)(1)(a) to (c) of this	41089
section as determined by the director of job and family services.	41090

(2) Is classified in one of the publications described in	41091
division (A)(1) of this section as a central nervous system drug	41092
in a category or classification that is created after the	41093
effective date of this section;	41094

(3) Is classified in one of the publications described in	41095
division (A)(1) of this section as a cross-indicated drug for any	41096
of the central nervous system drugs specified in division (A)(1)	41097
or (2) of this section because the drug's use in that capacity is	41098
generally held to be reasonable, appropriate, and within the	41099
community standards of care even though the use is not included in	41100
the United States food and drug administration's approved labeling	41101
for the drug;	41102

(4) Is recommended for the treatment of a mental illness or	41103
mental disorder, as those terms are defined in the most recent	41104
edition of the American psychiatric association's diagnostic and	41105
statistical manual of mental disorders.	41106

(B) The only mental health drugs that may be subjected to a	41107
prior authorization requirement, preferred drug list, or generic	41108
substitution requirement under the medicaid program are mental	41109
health drugs that are brand name and for which there are generic	41110
equivalents.	41111

Sec. 5111.10. The director of job and family services may	41112
conduct reviews of the medicaid program. The reviews may include	41113
physical inspections of records and sites where medicaid-funded	41114
services are provided and interviews of providers and recipients	41115
of the services. If the director determines pursuant to a review	41116
that a person or government entity has violated a rule governing	41117
the medicaid program, the director may establish a corrective	41118
action plan for the violator and impose fiscal, administrative, or	41119
both types of sanctions on the violator in accordance with rules	41120
governing the medicaid program. ~~Such action to be taken against a~~	41121
~~responsible entity, as defined in section 5101.24 of the Revised~~	41122
~~Code, shall be taken in accordance with that section.~~	41123

Sec. 5111.101. (A) As used in this section~~, "federal~~;

41124

"Agent" and "contractor" include any agent, contractor,	41125
subcontractor, or other person who, on behalf of an entity,	41126
furnishes or authorizes the furnishing of health care items or	41127
services under the medicaid program, performs billing or coding	41128
functions, or is involved in monitoring of health care that an	41129
entity provides.	41130

"Employee" includes any officer or employee (including	41131
management employees) of an entity.	41132

"Entity" includes a governmental entity or an organization,	41133
unit, corporation, partnership, or other business arrangement,	41134
including any medicaid managed care organization, irrespective of	41135
the form of business structure or arrangement by which it exists,	41136
whether for-profit or not-for-profit. "Entity" does not include a	41137
government entity that administers one or more components of the	41138
medicaid program, unless the government entity receives medicaid	41139
payments for providing items or services.	41140

"Federal health care programs" has the same meaning as in 42	41141
U.S.C. 1320a-7b(f).	41142

(B) Each ~~person and government~~ entity that receives or makes	41143
~~medicaid~~in a federal fiscal year payments ~~in a calendar year that~~	41144
~~total~~under the medicaid program, either through the state	41145
medicaid plan or a federal medicaid waiver, totaling at least five	41146
million dollars ~~or more~~ shall, as a condition of receiving such	41147
payments, do all of the following not later than the first day of	41148
the succeeding calendar year:	41149

(1) ~~Provide each of the person or government entity's~~	41150
Establish written policies for all of the entity's employees	41151
~~(including management employees)~~, contractors, and agents,that	41152
provide detailed~~, written~~ information about the role of all of the	41153
following in preventing and detecting fraud, waste, and abuse in	41154
federal health care programs:	41155

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

41156

(b) Federal administrative remedies for false claims and	41157
statements available under 31 U.S.C. 3801 to 3812;	41158

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	41159
Revised Code and any other state laws pertaining to civil or	41160
criminal penalties for false claims and statements;	41161

(d) Whistleblower protections under the laws specified in	41162
divisions (B)(1)(a) to (c) of this section.	41163

(2) Include inas part of the written ~~information provided~~	41164
~~under~~policies required by division (B)(1) of this section	41165
detailed ~~information about~~provisions regarding the ~~person or~~	41166
~~government~~ entity's policies and procedures for preventing and	41167
detecting fraud, waste, and abuse.	41168

(3) ~~Include~~Disseminate the written policies required by	41169
division (B)(1) of this section to each of the entity's employees,	41170
contractors, and agents in a paper or electronic form and make the	41171
written policies readily available to the entity's employees,	41172
contractors, and agents.	41173

(4) If the entity has an employee handbook, include in the	41174
~~person or government entity's~~ employee handbook a specific	41175
discussion of the laws specified in division (B)(1) of this	41176
section, the rights of employees to be protected as	41177
whistleblowers, and the ~~person or government~~ entity's policies and	41178
procedures for preventing and detecting fraud, waste, and abuse.	41179

(5) Require the entity's contractors and agents to adopt the	41180
entity's written policies required by division (B)(1) of this	41181
section.	41182

(C) An entity that furnishes items or services at multiple	41183
locations or under multiple contractual or other payment	41184
arrangements is required to comply with division (B) of this	41185
section if the entity receives in a federal fiscal year medicaid	41186
payments totaling in the aggregate at least five million dollars.	41187
This applies regardless of whether the entity submits claims for	41188
medicaid payments using multiple provider identification or tax	41189
identification numbers.	41190

Sec. 5111.102. As used in this section, "state agency" has	41191
the same meaning as in section 9.23 of the Revised Code.	41192

No provision of Title LI of the Revised Code or any other law	41193
of this state that incorporates any provision of federal Medicaid	41194
law, Title XIX of the Social Security Act, 79 Stat. 286 (1965), 42	41195
U.S.C. 1396, or that may be construed as requiring the state, a	41196
state agency, or any state official or employee to comply with	41197
that federal provision, shall be construed as creating a cause of	41198
action to enforce such state law beyond the causes of action	41199
available under federal law for enforcement of the provision of	41200
federal law.	41201

Sec. 5111.11. (A) As used in this section and section	41202
5111.111 of the Revised Code:	41203

(1) "Estate" includes both of the following:

41204

(a) All real and personal property and other assets to be	41205
administered under Title XXI of the Revised Code and property that	41206
would be administered under that title if not for section 2113.03	41207
or 2113.031 of the Revised Code;	41208

(b) Any other real and personal property and other assets in	41209
which an individual had any legal title or interest at the time of	41210
death (to the extent of the interest), including assets conveyed	41211
to a survivor, heir, or assign of the individual through joint	41212
tenancy, tenancy in common, survivorship, life estate, living	41213
trust, or other arrangement.	41214

(2) "Institution" means a nursing facility, intermediate care	41215
facility for the mentally retarded, or a medical institution.	41216

(3) "Intermediate care facility for the mentally retarded"	41217
and "nursing facility" have the same meanings as in section	41218
5111.20 of the Revised Code.	41219

(4) "Permanently institutionalized individual" means an	41220
individual to whom all of the following apply:	41221

(a) Is an inpatient in an institution;

41222

(b) Is required, as a condition of the medicaid program	41223
paying for the individual's services in the institution, to spend	41224
for costs of medical or nursing care all of the individual's	41225
income except for an amount for personal needs specified by the	41226
department of job and family services;	41227

(c) Cannot reasonably be expected to be discharged from the	41228
institution and return home as determined by the department of job	41229
and family services.	41230

(5) "Qualified state long-term care insurance partnership	41231
program" means the program established under section 5111.18 of	41232
the Revised Code.	41233

(6) "Time of death" shall not be construed to mean a time	41234
after which a legal title or interest in real or personal property	41235
or other asset may pass by survivorship or other operation of law	41236
due to the death of the decedent or terminate by reason of the	41237
decedent's death.	41238

(B) To the extent permitted by federal law, the department of	41239
job and family services shall institute ana medicaid estate	41240
recovery program under which the department shall, except as	41241
provided in divisions (C)~~, (D),~~ and (E) of this section, and	41242
subject to division (D) of this section, do ~~both~~all of the	41243
following:	41244

(1) For the costs of medicaid services the medicaid program	41245
correctly paid or will pay on behalf of a permanently	41246
institutionalized individual of any age, seek adjustment or	41247
recovery from the individual's estate or on the sale of property	41248
of the individual or spouse that is subject to a lien imposed	41249
under section 5111.111 of the Revised Code;	41250

(2) For the costs of medicaid services the medicaid program	41251
correctly paid or will pay on behalf of an individual fifty-five	41252
years of age or older who is not a permanently institutionalized	41253
individual, seek adjustment or recovery from the individual's	41254
estate;	41255

(3) For the costs of nursing facility and other long-term	41256
care services the medicaid program correctly paid or will pay on	41257
behalf of an individual who has received, or is entitled to	41258
receive, benefits under a long-term care insurance policy in	41259
connection with which assets or resources are disregarded to the	41260
extent that payments are made under a long-term care insurance	41261
policy or because an individual has received, or is entitled to	41262
receive, benefits under a long-term care insurance policy, seek	41263
adjustment or recovery from the individual's estate.	41264

(C)(1) No adjustment or recovery may be made under division	41265
(B)(1) of this section from a permanently institutionalized	41266
individual's estate or on the sale of property of a permanently	41267
institutionalized individual that is subject to a lien imposed	41268
under section 5111.111 of the Revised Code or under division	41269
(B)(2) or (3) of this section from an individual's estate while	41270
either of the following are alive:	41271

(a) The spouse of the permanently institutionalized	41272
individual or individual;	41273

(b) The son or daughter of a permanently institutionalized	41274
individual or individual if the son or daughter is under age	41275
twenty-one or, under 42 U.S.C. 1382c, is considered blind or	41276
disabled.	41277

(2) No adjustment or recovery may be made under division	41278
(B)(1) of this section from a permanently institutionalized	41279
individual's home that is subject to a lien imposed under section	41280
5111.111 of the Revised Code while either of the following	41281
lawfully reside in the home:	41282

(a) The permanently institutionalized individual's sibling	41283
who resided in the home for at least one year immediately before	41284
the date of the permanently institutionalized individual's	41285
admission to the institution and on a continuous basis since that	41286
time;	41287

(b) The permanently institutionalized individual's son or	41288
daughter who provided care to the permanently institutionalized	41289
individual that delayed the permanently institutionalized	41290
individual's institutionalization and resided in the home for at	41291
least two years immediately before the date of the permanently	41292
institutionalized individual's admission to the institution and on	41293
a continuous basis since that time.	41294

(D) In the case of a participant of the qualified state	41295
long-term care insurance partnership program, adjustment or	41296
recovery required by this section may be reduced in accordance	41297
with rules adopted under division (G) of this section.	41298

(E) The department shall, in accordance with procedures and	41299
criteria established in rules adopted under division (G) of this	41300
section, waive seeking an adjustment or recovery otherwise	41301
required by this section if the director of job and family	41302
services determines that adjustment or recovery would work an	41303
undue hardship. The department may limit the duration of the	41304
waiver to the period during which the undue hardship exists.	41305

(F) For the purpose of determining whether an individual	41306
meets the definition of "permanently institutionalized individual"	41307
established for this section, a rebuttable presumption exists that	41308
the individual cannot reasonably be expected to be discharged from	41309
an institution and return home if either of the following is the	41310
case:	41311

(1) The individual declares that he or she does not intend to	41312
return home.	41313

(2) The individual has been an inpatient in an institution	41314
for at least six months.	41315

(G) The director of job and family services shall adopt rules	41316
in accordance with Chapter 119. of the Revised Code regarding the	41317
medicaid estate recovery program, including rules that do both of	41318
the following:	41319

(1) For the purpose of division (D) of this section and	41320
consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an	41321
adjustment or recovery in the case of a participant of the	41322
qualified state long-term care insurance partnership program;	41323

(2) For the purpose of division (E) of this section and	41324
consistent with the standards specified by the United States	41325
secretary of health and human services under 42 U.S.C.	41326
1396p(b)(3), establish procedures and criteria for waiving	41327
adjustment or recovery due to an undue hardship.	41328

Sec. 5111.112. The department of job and family services	41329
shall certify amounts due under the medicaid estate recovery	41330
program instituted under section 5111.11 of the Revised Code to	41331
the attorney general pursuant to section 131.02 of the Revised	41332
Code. The attorney general may enter into a contract with any	41333
person or government entity to collect the amounts due on behalf	41334
of the attorney general.	41335

The attorney general, in entering into a contract under this	41336
section, shall comply with all of the requirements that must be	41337
met for the state to receive federal financial participation for	41338
the costs incurred in entering into the contract and carrying out	41339
actions under the contract. The contract may provide for the	41340
person or government entity with which the attorney general	41341
contracts to be compensated from the property recovered under the	41342
medicaid estate recovery program or may provide for another manner	41343
of compensation agreed to by the parties to the contract.	41344

Regardless of whether the attorney general collects the	41345
amounts due under the medicaid estate recovery program or	41346
contracts with a person or government entity to collect the	41347
amounts due on behalf of the attorney general, the amounts due	41348
shall be collected in accordance with applicable requirements of	41349
federal statutes and regulations and state statutes and rules.	41350

Sec. 5111.113. (A) As used in this section:

41351

(1) "Adult care facility" has the same meaning as in section	41352
3722.01 of the Revised Code.	41353

(2) "Commissioner" means a person appointed by a probate	41354
court under division (B) of section 2113.03 of the Revised Code to	41355
act as a commissioner.	41356

(3) "Home" has the same meaning as in section 3721.10 of the	41357
Revised Code.	41358

(4) "Personal needs allowance account" means an account or	41359
petty cash fund that holds the money of a resident of an adult	41360
care facility or home and that the facility or home manages for	41361
the resident.	41362

(B) Except as provided in divisions (C) and (D) of this	41363
section, the owner or operator of an adult care facility or home	41364
shall transfer to the department of job and family services the	41365
money in the personal needs allowance account of a resident of the	41366
facility or home who was a recipient of the medical assistance	41367
program no earlier than sixty days but not later than ninety days	41368
after the resident dies. The adult care facility or home shall	41369
transfer the money even though the owner or operator of the	41370
facility or home has not been issued letters testamentary or	41371
letters of administration concerning the resident's estate.	41372

(C) If funeral or burial expenses for a resident of an adult	41373
care facility or home who has died have not been paid and the only	41374
resource the resident had that could be used to pay for the	41375
expenses is the money in the resident's personal needs allowance	41376
account, or all other resources of the resident are inadequate to	41377
pay the full cost of the expenses, the money in the resident's	41378
personal needs allowance account shall be used to pay for the	41379
expenses rather than being transferred to the department of job	41380
and family services pursuant to division (B) of this section.	41381

(D) If, not later than sixty days after a resident of an	41382
adult care facility or home dies, letters testamentary or letters	41383
of administration are issued, or an application for release from	41384
administration is filed under section 2113.03 of the Revised Code,	41385
concerning the resident's estate, the owner or operator of the	41386
facility or home shall transfer the money in the resident's	41387
personal needs allowance account to the administrator, executor,	41388
commissioner, or person who filed the application for release from	41389
administration.	41390

(E) The transfer or use of money in a resident's personal	41391
needs allowance account in accordance with division (B), (C), or	41392
(D) of this section discharges and releases the adult care	41393
facility or home, and the owner or operator of the facility or	41394
home, from any claim for the money from any source.	41395

(F) If, sixty-one or more days after a resident of an adult	41396
care facility or home dies, letters testamentary or letters of	41397
administration are issued, or an application for release from	41398
administration under section 2113.03 of the Revised Code is filed,	41399
concerning the resident's estate, the department of job and family	41400
services shall transfer the funds to the administrator, executor,	41401
commissioner, or person who filed the application, unless the	41402
department is entitled to recover the money under the medicaid	41403
estate recovery program instituted under section 5111.11 of the	41404
Revised Code.	41405

Sec. 5111.163. (A) As used in this section:

41406

(1) "Emergency services" has the same meaning as in section	41407
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42	41408
U.S.C. 1396u-2(b)(2), as amended.	41409

(2) "Medicaid managed care organization" has the same meaning	41410
as in section 5111.162 of the Revised Code.	41411

(3) "Provider" ~~has the same meaning as in section 5111.06 of~~	41412
~~the Revised Code~~means any person, institution, or entity that	41413
furnishes emergency services to a medicaid recipient enrolled in a	41414
medicaid managed care organization, regardless of whether the	41415
person, institution, or entity has a provider agreement with the	41416
department of job and family services pursuant to Title XIX of the	41417
"Social Security Act."	41418

(B) When a participant in the care management system	41419
established under section 5111.16 of the Revised Code is enrolled	41420
in a medicaid managed care organization and receives emergency	41421
services on or after January 1, 2007, from a provider that is not	41422
under contract with the organization, the provider shall accept	41423
from the organization, as payment in full, not more than the	41424
amounts (less any payments for indirect costs of medical education	41425
and direct costs of graduate medical education) that the provider	41426
could collect if the participant received medicaid other than	41427
through enrollment in a managed care organization.	41428

Sec. 5111.17. (A) The department of job and family services	41429
may enter into contracts with managed care organizations,	41430
including health insuring corporations, under which the	41431
organizations are authorized to provide, or arrange for the	41432
provision of, health care services to medical assistance	41433
recipients who are required or permitted to obtain health care	41434
services through managed care organizations as part of the care	41435
management system established under section 5111.16 of the	41436
Revised Code.	41437

(B) ~~The department shall develop and implement a financial~~	41438
~~incentive program to improve and reward positive health outcomes~~	41439
~~through the managed care organization contracts entered into under~~	41440
~~this section. In developing and implementing the program, the~~	41441
~~department may take into consideration the recommendations~~	41442
~~regarding the program made by the medicaid care management working~~	41443
~~group created under section 5111.161 of the Revised Code~~(1) For	41444
purposes of making payments to health insuring corporations under	41445
contract pursuant to this section, the department shall develop,	41446
certify, and implement actuarially sound capitation rates, as	41447
defined in 42 C.F.R. 438.6. In taking these actions, the	41448
department shall comply with all applicable requirements of 42	41449
C.F.R. 438.6 and Title XIX of the "Social Security Act," 79 Stat.	41450
286 (1965), 42 U.S.C. 1396b(m), as amended.	41451

(2) Before the department may submit proposed capitation	41452
rates for approval by the United States centers for medicare and	41453
medicaid services, the department shall prepare a separate	41454
document that specifies the manner in which the rates conform to	41455
generally accepted actuarial principles and practices. When the	41456
proposed rates are submitted for approval, the department shall	41457
include the document as part of its submission of information to	41458
the centers for medicare and medicaid services.	41459

(3) The document prepared under division (B)(2) of this	41460
section shall include information on all of the following:	41461

(a) How the proposed rates are appropriate with respect to	41462
the individuals or groups of individuals who will be enrolled in	41463
the health insuring corporations;	41464

(b) How the proposed rates are appropriate for the services	41465
that will be covered by the health insuring corporations;	41466

(c) How the proposed rates are adequate to meet the	41467
administrative requirements of the health insuring corporations;	41468

(d) Any other matter the department considers to be relevant	41469
to the development of actuarially sound capitation rates.	41470

(4) In preparing the document required under division (B)(2)	41471
of this section, the department may consult with the	41472
superintendent of insurance. The department may ask the	41473
superintendent to assess whether the proposed rates, if	41474
implemented, would do any of the following:	41475

(a) Adversely affect a health insuring corporation in a	41476
manner that results in the need to prepare and submit an RBC plan	41477
in accordance with section 1753.33 of the Revised Code;	41478

(b) Cause the superintendent, in the case of a health	41479
insuring corporation with a parent company, to take actions	41480
requiring the use of the parent company's guaranty established	41481
under division (A)(27) of section 1751.03 of the Revised Code as a	41482
condition of applying for a certificate of authority to establish	41483
and operate the health insuring corporation;	41484

(c) Negatively impact, in general, the financial solvency of	41485
a health insuring corporation.	41486

(C) The director of job and family services may adopt rules	41487
in accordance with Chapter 119. of the Revised Code to implement	41488
this section.	41489

Sec. 5111.172. (A) When contracting under section 5111.17 of	41490
the Revised Code with a managed care organization that is a health	41491
insuring corporation, the department of job and family services	41492
may require the health insuring corporation to provide coverage of	41493
prescription drugs for medicaid recipients enrolled in the health	41494
insuring corporation. In providing the required coverage, the	41495
health insuring corporation may, subject to the department's	41496
approval and the limitations provided under division (C) of this	41497
section, use strategies for the management of drug utilization.	41498

(B) As used in this division, "controlled substance" has the	41499
same meaning as in section 3719.01 of the Revised Code.	41500

If a health insuring corporation is required under this	41501
section to provide coverage of prescription drugs, the department	41502
shall permit the health insuring corporation to develop and	41503
implement a pharmacy utilization management program under which	41504
prior authorization through the program is established as a	41505
condition of obtaining a controlled substance pursuant to a	41506
prescription. The program may include processes for requiring	41507
medicaid recipients at high risk for fraud or abuse involving	41508
controlled substances to have their prescriptions for controlled	41509
substances filled by a pharmacy, medical provider, or health care	41510
facility designated by the program.	41511

(C) As used in this division, "mental health drug" has the	41512
same meaning as in section 5111.085 of the Revised Code.	41513

If a contract under section 5111.17 of the Revised Code	41514
requires a health insuring corporation to provide prescription	41515
drug coverage for medicaid recipients as described in division (A)	41516
of this section, the contract shall include terms under which the	41517
only mental health drugs that may be subjected to a prior	41518
authorization requirement, preferred drug list, or generic	41519
substitution requirement are mental health drugs that are brand	41520
name and for which there are generic equivalents.	41521

Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the	41522
Revised Code:	41523

(A) "Allowable costs" are those costs determined by the	41524
department of job and family services to be reasonable and do not	41525
include fines paid under sections 5111.35 to 5111.61 and section	41526
5111.99 of the Revised Code.	41527

(B) "Ancillary and support costs" means all reasonable costs	41528
incurred by a nursing facility other than direct care costs or	41529
capital costs. "Ancillary and support costs" includes, but is not	41530
limited to, costs of activities, social services, pharmacy	41531
consultants, habilitation supervisors, qualified mental	41532
retardation professionals, program directors, medical and	41533
habilitation records, program supplies, incontinence supplies,	41534
food, enterals, dietary supplies and personnel, laundry,	41535
housekeeping, security, administration, medical equipment,	41536
utilities, liability insurance, bookkeeping, purchasing	41537
department, human resources, communications, travel, dues, license	41538
fees, subscriptions, home office costs not otherwise allocated,	41539
legal services, accounting services, minor equipment, maintenance	41540
and repairs, help-wanted advertising, informational advertising,	41541
start-up costs, organizational expenses, other interest, property	41542
insurance, employee training and staff development, employee	41543
benefits, payroll taxes, and workers' compensation premiums or	41544
costs for self-insurance claims and related costs as specified in	41545
rules adopted by the director of job and family services under	41546
section 5111.02 of the Revised Code, for personnel listed in this	41547
division. "Ancillary and support costs" also means the cost of	41548
equipment, including vehicles, acquired by operating lease	41549
executed before December 1, 1992, if the costs are reported as	41550
administrative and general costs on the facility's cost report for	41551
the cost reporting period ending December 31, 1992.	41552

(C) "Capital costs" means costs of ownership and, in the case	41553
of an intermediate care facility for the mentally retarded, costs	41554
of nonextensive renovation.	41555

(1) "Cost of ownership" means the actual expense incurred for	41556
all of the following:	41557

(a) Depreciation and interest on any capital assets that cost	41558
five hundred dollars or more per item, including the following:	41559

(i) Buildings;

41560

(ii) Building improvements that are not approved as	41561
nonextensive renovations under section 5111.251 of the Revised	41562
Code;	41563

(iii) Except as provided in division (B) of this section,	41564
equipment;	41565

(iv) In the case of an intermediate care facility for the	41566
mentally retarded, extensive renovations;	41567

(v) Transportation equipment.

41568

(b) Amortization and interest on land improvements and	41569
leasehold improvements;	41570

41571

(d) Except as provided in division (K) of this section, lease	41572
and rent of land, building, and equipment.	41573

The costs of capital assets of less than five hundred dollars	41574
per item may be considered capital costs in accordance with a	41575
provider's practice.	41576

(2) "Costs of nonextensive renovation" means the actual	41577
expense incurred by an intermediate care facility for the mentally	41578
retarded for depreciation or amortization and interest on	41579
renovations that are not extensive renovations.	41580

(D) "Capital lease" and "operating lease" shall be construed	41581
in accordance with generally accepted accounting principles.	41582

(E) "Case-mix score" means the measure determined under	41583
section 5111.232 of the Revised Code of the relative direct-care	41584
resources needed to provide care and habilitation to a resident of	41585
a nursing facility or intermediate care facility for the mentally	41586
retarded.	41587

(F)(1) "Date of licensure," for a facility originally	41588
licensed as a nursing home under Chapter 3721. of the Revised	41589
Code, means the date specific beds were originally licensed as	41590
nursing home beds under that chapter, regardless of whether they	41591
were subsequently licensed as residential facility beds under	41592
section 5123.19 of the Revised Code. For a facility originally	41593
licensed as a residential facility under section 5123.19 of the	41594
Revised Code, "date of licensure" means the date specific beds	41595
were originally licensed as residential facility beds under that	41596
section.	41597

~~(1)~~ If nursing home beds licensed under Chapter 3721. of the	41598
Revised Code or residential facility beds licensed under section	41599
5123.19 of the Revised Code were not required by law to be	41600
licensed when they were originally used to provide nursing home or	41601
residential facility services, "date of licensure" means the date	41602
the beds first were used to provide nursing home or residential	41603
facility services, regardless of the date the present provider	41604
obtained licensure.	41605

~~(2)~~ If a facility adds nursing home beds or residential	41606
facility beds or extensively renovates all or part of the facility	41607
after its original date of licensure, it will have a different	41608
date of licensure for the additional beds or extensively renovated	41609
portion of the facility, unless the beds are added in a space that	41610
was constructed at the same time as the previously licensed beds	41611
but was not licensed under Chapter 3721. or section 5123.19 of the	41612
Revised Code at that time.	41613

(2) The definition of "date of licensure" in this section	41614
applies in determinations of the medicaid reimbursement rate for a	41615
nursing facility or intermediate care facility for the mentally	41616
retarded but does not apply in determinations of the franchise	41617
permit fee for a nursing facility or intermediate care facility	41618
for the mentally retarded.	41619

(G) "Desk-reviewed" means that costs as reported on a cost	41620
report submitted under section 5111.26 of the Revised Code have	41621
been subjected to a desk review under division (A) of section	41622
5111.27 of the Revised Code and preliminarily determined to be	41623
allowable costs.	41624

(H) "Direct care costs" means all of the following:

41625

(1)(a) Costs for registered nurses, licensed practical	41626
nurses, and nurse aides employed by the facility;	41627

(b) Costs for direct care staff, administrative nursing	41628
staff, medical directors, respiratory therapists, and except as	41629
provided in division (H)(2) of this section, other persons holding	41630
degrees qualifying them to provide therapy;	41631

41632

(d) Costs of quality assurance;

41633

(e) Costs of training and staff development, employee	41634
benefits, payroll taxes, and workers' compensation premiums or	41635
costs for self-insurance claims and related costs as specified in	41636
rules adopted by the director of job and family services in	41637
accordance with Chapter 119. of the Revised Code, for personnel	41638
listed in divisions (H)(1)(a), (b), and (d) of this section;	41639

(f) Costs of consulting and management fees related to direct	41640
care;	41641

(g) Allocated direct care home office costs.

41642

(2) In addition to the costs specified in division (H)(1) of	41643
this section, for nursing facilities only, direct care costs	41644
include costs of habilitation staff (other than habilitation	41645
supervisors), medical supplies, emergency oxygen, habilitation	41646
supplies, and universal precautions supplies.	41647

(3) In addition to the costs specified in division (H)(1) of	41648
this section, for intermediate care facilities for the mentally	41649
retarded only, direct care costs include both of the following:	41650

(a) Costs for physical therapists and physical therapy	41651
assistants, occupational therapists and occupational therapy	41652
assistants, speech therapists, audiologists, habilitation staff	41653
(including habilitation supervisors), qualified mental retardation	41654
professionals, program directors, social services staff,	41655
activities staff, off-site day programming, psychologists and	41656
psychology assistants, and social workers and counselors;	41657

(b) Costs of training and staff development, employee	41658
benefits, payroll taxes, and workers' compensation premiums or	41659
costs for self-insurance claims and related costs as specified in	41660
rules adopted under section 5111.02 of the Revised Code, for	41661
personnel listed in division (H)(3)(a) of this section.	41662

(4) Costs of other direct-care resources that are specified	41663
as direct care costs in rules adopted under section 5111.02 of the	41664
Revised Code.	41665

(I) "Fiscal year" means the fiscal year of this state, as	41666
specified in section 9.34 of the Revised Code.	41667

(J) "Franchise permit fee" means the following:

41668

(1) In the context of nursing facilities, the fee imposed by	41669
sections 3721.50 to 3721.58 of the Revised Code;	41670

(2) In the context of intermediate care facilities for the	41671
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	41672
of the Revised Code.	41673

(K) "Indirect care costs" means all reasonable costs incurred	41674
by an intermediate care facility for the mentally retarded other	41675
than direct care costs, other protected costs, or capital costs.	41676
"Indirect care costs" includes but is not limited to costs of	41677
habilitation supplies, pharmacy consultants, medical and	41678
habilitation records, program supplies, incontinence supplies,	41679
food, enterals, dietary supplies and personnel, laundry,	41680
housekeeping, security, administration, liability insurance,	41681
bookkeeping, purchasing department, human resources,	41682
communications, travel, dues, license fees, subscriptions, home	41683
office costs not otherwise allocated, legal services, accounting	41684
services, minor equipment, maintenance and repairs, help-wanted	41685
advertising, informational advertising, start-up costs,	41686
organizational expenses, other interest, property insurance,	41687
employee training and staff development, employee benefits,	41688
payroll taxes, and workers' compensation premiums or costs for	41689
self-insurance claims and related costs as specified in rules	41690
adopted under section 5111.02 of the Revised Code, for personnel	41691
listed in this division. Notwithstanding division (C)(1) of this	41692
section, "indirect care costs" also means the cost of equipment,	41693
including vehicles, acquired by operating lease executed before	41694
December 1, 1992, if the costs are reported as administrative and	41695
general costs on the facility's cost report for the cost reporting	41696
period ending December 31, 1992.	41697

(L) "Inpatient days" means all days during which a resident,	41698
regardless of payment source, occupies a bed in a nursing facility	41699
or intermediate care facility for the mentally retarded that is	41700
included in the facility's certified capacity under Title XIX.	41701
Therapeutic or hospital leave days for which payment is made under	41702
section 5111.33 of the Revised Code are considered inpatient days	41703
proportionate to the percentage of the facility's per resident per	41704
day rate paid for those days.	41705

(M) "Intermediate care facility for the mentally retarded"	41706
means an intermediate care facility for the mentally retarded	41707
certified as in compliance with applicable standards for the	41708
medicaid program by the director of health in accordance with	41709
Title XIX.	41710

(N) "Maintenance and repair expenses" means, except as	41711
provided in division (BB)(2) of this section, expenditures that	41712
are necessary and proper to maintain an asset in a normally	41713
efficient working condition and that do not extend the useful life	41714
of the asset two years or more. "Maintenance and repair expenses"	41715
includes but is not limited to the cost of ordinary repairs such	41716
as painting and wallpapering.	41717

(O) "Medicaid days" means all days during which a resident	41718
who is a Medicaid recipient eligible for nursing facility services	41719
occupies a bed in a nursing facility that is included in the	41720
nursing facility's certified capacity under Title XIX. Therapeutic	41721
or hospital leave days for which payment is made under section	41722
5111.33 of the Revised Code are considered Medicaid days	41723
proportionate to the percentage of the nursing facility's per	41724
resident per day rate paid for those days.	41725

(P) "Nursing facility" means a facility, or a distinct part	41726
of a facility, that is certified as a nursing facility by the	41727
director of health in accordance with Title XIX and is not an	41728
intermediate care facility for the mentally retarded. "Nursing	41729
facility" includes a facility, or a distinct part of a facility,	41730
that is certified as a nursing facility by the director of health	41731
in accordance with Title XIX and is certified as a skilled nursing	41732
facility by the director in accordance with Title XVIII.	41733

(Q) "Operator" means the person or government entity	41734
responsible for the daily operating and management decisions for a	41735
nursing facility or intermediate care facility for the mentally	41736
retarded.	41737

(R) "Other protected costs" means costs incurred by an	41738
intermediate care facility for the mentally retarded for medical	41739
supplies; real estate, franchise, and property taxes; natural gas,	41740
fuel oil, water, electricity, sewage, and refuse and hazardous	41741
medical waste collection; allocated other protected home office	41742
costs; and any additional costs defined as other protected costs	41743
in rules adopted under section 5111.02 of the Revised Code.	41744

(S)(1) "Owner" means any person or government entity that has	41745
at least five per cent ownership or interest, either directly,	41746
indirectly, or in any combination, in any of the following	41747
regarding a nursing facility or intermediate care facility for the	41748
mentally retarded:	41749

(a) The land on which the facility is located;

41750

(b) The structure in which the facility is located;

41751

(c) Any mortgage, contract for deed, or other obligation	41752
secured in whole or in part by the land or structure on or in	41753
which the facility is located;	41754

(d) Any lease or sublease of the land or structure on or in	41755
which the facility is located.	41756

(2) "Owner" does not mean a holder of a debenture or bond	41757
related to the nursing facility or intermediate care facility for	41758
the mentally retarded and purchased at public issue or a regulated	41759
lender that has made a loan related to the facility unless the	41760
holder or lender operates the facility directly or through a	41761
subsidiary.	41762

(T) "Patient" includes "resident."

41763

(U) Except as provided in divisions (U)(1) and (2) of this	41764
section, "per diem" means a nursing facility's or intermediate	41765
care facility for the mentally retarded's actual, allowable costs	41766
in a given cost center in a cost reporting period, divided by the	41767
facility's inpatient days for that cost reporting period.	41768

(1) When calculating indirect care costs for the purpose of	41769
establishing rates under section 5111.241 of the Revised Code,	41770
"per diem" means an intermediate care facility for the mentally	41771
retarded's actual, allowable indirect care costs in a cost	41772
reporting period divided by the greater of the facility's	41773
inpatient days for that period or the number of inpatient days the	41774
facility would have had during that period if its occupancy rate	41775
had been eighty-five per cent.	41776

(2) When calculating capital costs for the purpose of	41777
establishing rates under section 5111.251 of the Revised Code,	41778
"per diem" means a facility's actual, allowable capital costs in a	41779
cost reporting period divided by the greater of the facility's	41780
inpatient days for that period or the number of inpatient days the	41781
facility would have had during that period if its occupancy rate	41782
had been ninety-five per cent.	41783

(V) "Provider" means an operator with a provider agreement.

41784

(W) "Provider agreement" means a contract between the	41785
department of job and family services and the operator of a	41786
nursing facility or intermediate care facility for the mentally	41787
retarded for the provision of nursing facility services or	41788
intermediate care facility services for the mentally retarded	41789
under the medicaid program.	41790

(X) "Purchased nursing services" means services that are	41791
provided in a nursing facility by registered nurses, licensed	41792
practical nurses, or nurse aides who are not employees of the	41793
facility.	41794

(Y) "Reasonable" means that a cost is an actual cost that is	41795
appropriate and helpful to develop and maintain the operation of	41796
patient care facilities and activities, including normal standby	41797
costs, and that does not exceed what a prudent buyer pays for a	41798
given item or services. Reasonable costs may vary from provider to	41799
provider and from time to time for the same provider.	41800

(Z) "Related party" means an individual or organization that,	41801
to a significant extent, has common ownership with, is associated	41802
or affiliated with, has control of, or is controlled by, the	41803
provider.	41804

(1) An individual who is a relative of an owner is a related	41805
party.	41806

(2) Common ownership exists when an individual or individuals	41807
possess significant ownership or equity in both the provider and	41808
the other organization. Significant ownership or equity exists	41809
when an individual or individuals possess five per cent ownership	41810
or equity in both the provider and a supplier. Significant	41811
ownership or equity is presumed to exist when an individual or	41812
individuals possess ten per cent ownership or equity in both the	41813
provider and another organization from which the provider	41814
purchases or leases real property.	41815

(3) Control exists when an individual or organization has the	41816
power, directly or indirectly, to significantly influence or	41817
direct the actions or policies of an organization.	41818

(4) An individual or organization that supplies goods or	41819
services to a provider shall not be considered a related party if	41820
all of the following conditions are met:	41821

(a) The supplier is a separate bona fide organization.

41822

(b) A substantial part of the supplier's business activity of	41823
the type carried on with the provider is transacted with others	41824
than the provider and there is an open, competitive market for the	41825
types of goods or services the supplier furnishes.	41826

(c) The types of goods or services are commonly obtained by	41827
other nursing facilities or intermediate care facilities for the	41828
mentally retarded from outside organizations and are not a basic	41829
element of patient care ordinarily furnished directly to patients	41830
by the facilities.	41831

(d) The charge to the provider is in line with the charge for	41832
the goods or services in the open market and no more than the	41833
charge made under comparable circumstances to others by the	41834
supplier.	41835

(AA) "Relative of owner" means an individual who is related	41836
to an owner of a nursing facility or intermediate care facility	41837
for the mentally retarded by one of the following relationships:	41838

(1) Spouse;

41839

(2) Natural parent, child, or sibling;

41840

(3) Adopted parent, child, or sibling;

41841

(4) Stepparent, stepchild, stepbrother, or stepsister;

41842

(5) Father-in-law, mother-in-law, son-in-law,	41843
daughter-in-law, brother-in-law, or sister-in-law;	41844

(6) Grandparent or grandchild;

41845

(7) Foster caregiver, foster child, foster brother, or foster	41846
sister.	41847

(BB) "Renovation" and "extensive renovation" mean:

41848

(1) Any betterment, improvement, or restoration of an	41849
intermediate care facility for the mentally retarded started	41850
before July 1, 1993, that meets the definition of a renovation or	41851
extensive renovation established in rules adopted by the director	41852
of job and family services in effect on December 22, 1992.	41853

(2) In the case of betterments, improvements, and	41854
restorations of intermediate care facilities for the mentally	41855
retarded started on or after July 1, 1993:	41856

(a) "Renovation" means the betterment, improvement, or	41857
restoration of an intermediate care facility for the mentally	41858
retarded beyond its current functional capacity through a	41859
structural change that costs at least five hundred dollars per	41860
bed. A renovation may include betterment, improvement,	41861
restoration, or replacement of assets that are affixed to the	41862
building and have a useful life of at least five years. A	41863
renovation may include costs that otherwise would be considered	41864
maintenance and repair expenses if they are an integral part of	41865
the structural change that makes up the renovation project.	41866
"Renovation" does not mean construction of additional space for	41867
beds that will be added to a facility's licensed or certified	41868
capacity.	41869

(b) "Extensive renovation" means a renovation that costs more	41870
than sixty-five per cent and no more than eighty-five per cent of	41871
the cost of constructing a new bed and that extends the useful	41872
life of the assets for at least ten years.	41873

For the purposes of division (BB)(2) of this section, the	41874
cost of constructing a new bed shall be considered to be forty	41875
thousand dollars, adjusted for the estimated rate of inflation	41876
from January 1, 1993, to the end of the calendar year during which	41877
the renovation is completed, using the consumer price index for	41878
shelter costs for all urban consumers for the north central	41879
region, as published by the United States bureau of labor	41880
statistics.	41881

The department of job and family services may treat a	41882
renovation that costs more than eighty-five per cent of the cost	41883
of constructing new beds as an extensive renovation if the	41884
department determines that the renovation is more prudent than	41885
construction of new beds.	41886

(CC) "Title XIX" means Title XIX of the "Social Security	41887
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	41888

(DD) "Title XVIII" means Title XVIII of the "Social Security	41889
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	41890

Sec. 5111.69. (A) In accordance with 42 C.F.R. 431.12, there	41891
is hereby created the medical care advisory council. The council	41892
shall advise the department of job and family services about	41893
health and medical care services for purposes of the medicaid	41894
program. The department shall grant the council the opportunity to	41895
participate in medicaid policy development and program	41896
administration.	41897

(B) The council shall consist of the following members:

41898

(1) Three individuals representing health professions,	41899
including one or more individuals representing board-certified	41900
physicians, who are familiar with the medical needs of low-income	41901
population groups and with the resources available and required	41902
for their care, one appointed by the president of the senate, one	41903
appointed by the speaker of the house of representatives, and one	41904
appointed by the governor;	41905

(2) Two individuals representing consumers' groups, including	41906
medicaid recipients and consumer organizations such as labor	41907
unions, one appointed by the president of the senate and one	41908
appointed by the speaker of the house of representatives;	41909

(3) Three individuals representing health insuring	41910
corporations that have entered into contracts with the department	41911
pursuant to section 5111.17 of the Revised Code, one appointed by	41912
the president of the senate, one appointed by the speaker of the	41913
house of representatives, and one appointed by the governor;	41914

(4) Two individuals representing the business community, one	41915
appointed by the president of the senate and one appointed by the	41916
speaker of the house of representatives;	41917

(5) One individual representing county departments of job and	41918
family services, appointed by the governor.	41919

(C) The members of the council shall serve at the pleasure of	41920
their appointing authorities. Vacancies shall be filled in the	41921
manner provided for original appointments.	41922

(D) At its first meeting, the council shall organize by	41923
electing a chairperson from among its members and adopting bylaws	41924
for its operation. The bylaws shall include provisions specifying	41925
the length of the term a member may serve as chairperson.	41926

Sec. 5111.70. (A) As used in sections 5111.70 to 5111.7010	41927
of the Revised Code:	41928

(1) "Applicant" means an individual who applies to	41929
participate in the medicaid buy-in for workers with disabilities	41930
program.	41931

(2) "Earned income" has the meaning established by rules	41932
adopted under section 5111.707 of the Revised Code.	41933

(3) "Employed individual with a medically improved	41934
disability" has the same meaning as in 42 U.S.C. 1396d(v).	41935

(4) "Family" means an applicant or participant and the spouse	41936
and dependent children of the applicant or participant. If an	41937
applicant or participant is under eighteen years of age, "family"	41938
also means the parents of the applicant or participant.	41939

(5) "Federal poverty guidelines" has the same meaning as in	41940
section 5101.46 of the Revised Code.	41941

(6) "Income" means earned income and unearned income.

41942

(7) "Participant" means an individual who has been determined	41943
eligible for the medicaid buy-in for workers with disabilities	41944
program and is participating in the program.	41945

(8) "Supplemental security income program" means the program	41946
established under Title XVI of the "Social Security Act," 86 Stat.	41947
1329 (1972), 42 U.S.C. 1381, as amended.	41948

(9) "Medicaid buy-in for workers with disabilities program"	41949
means the component of the medicaid program established under	41950
sections 5111.70 to 5111.7010 of the Revised Code.	41951

(10) "Unearned income" has the meaning established by rules	41952
adopted under section 5111.707 of the Revised Code.	41953

(B) Not later than ninety days after the effective date of	41954
this section, the director of job and family services shall submit	41955
to the United States secretary of health and human services an	41956
amendment to the state medicaid plan and any federal waiver	41957
necessary to establish the medicaid buy-in for workers with	41958
disabilities program in accordance with 42 U.S.C. 1396a(a)	41959
(10)(A)(ii)(XV) and (XVI) and sections 5111.70 to 5111.7010 of the	41960
Revised Code. The director shall implement sections 5111.701 to	41961
5111.7010 of the Revised Code if the amendment and, if needed,	41962
federal waiver are approved.	41963

Sec. 5111.701. Under the medicaid buy-in for workers with	41964
disabilities program, an individual who does all of the following	41965
in accordance with rules adopted under section 5111.707 of the	41966
Revised Code qualifies for medical assistance under the medicaid	41967
program:	41968

(A) Applies for the medicaid buy-in for workers with	41969
disabilities program;	41970

(B) Provides satisfactory evidence of all of the following:

41971

(1) That the individual is at least sixteen years of age and	41972
under sixty-five years of age;	41973

(2) Except as provided in section 5111.706 of the Revised	41974
Code, that one of the following applies to the individual:	41975

(a) The individual is considered disabled for the purpose of	41976
the supplemental security income program, regardless of whether	41977
the individual receives supplemental security income benefits, and	41978
the individual has earnings from employment.	41979

(b) The individual is an employed individual with a medically	41980
improved disability.	41981

(3) That the value of the assets of the individual's family,	41982
less assets and asset value disregarded pursuant to rules adopted	41983
under section 5111.707 of the Revised Code, does not exceed the	41984
amount provided for by section 5111.702 of the Revised Code;	41985

(4) That the income of the individual's family, less amounts	41986
disregarded pursuant to section 5111.703 of the Revised Code, does	41987
not exceed two hundred fifty per cent of the federal poverty	41988
guidelines;	41989

(5) That the individual meets the additional eligibility	41990
requirements for the medicaid buy-in for workers with disabilities	41991
program that the director of job and family services establishes	41992
in rules adopted under section 5111.707 of the Revised Code.	41993

(C) To the extent required by section 5111.704 of the Revised	41994
Code, pays the premium established under that section.	41995

Sec. 5111.702. (A) Except as provided in division (B) of	41996
this section, the maximum value of assets, less assets and asset	41997
value disregarded pursuant to rules adopted under section 5111.707	41998
of the Revised Code, that an individual's family may have without	41999
the individual exceeding the asset eligibility limit for the	42000
medicaid buy-in for workers with disabilities program shall not	42001
exceed ten thousand dollars.	42002

(B) Each calendar year, the director of job and family	42003
services shall adjust the asset eligibility limit specified in	42004
division (A) of this section by the change in the consumer price	42005
index for all items for all urban consumers for the previous	42006
calendar year, as published by the United States bureau of labor	42007
statistics. The annual adjustment shall go into effect on the	42008
earliest date possible.	42009

Sec. 5111.703. For the purpose of determining whether an	42010
individual is within the eligibility limit for the medicaid buy-in	42011
for workers with disabilities program, all of the following apply:	42012

(A) The first twenty thousand dollars of the individual's	42013
earned income shall be disregarded.	42014

(B) No amount that an employer of a member of the	42015
individual's family pays to obtain health insurance for one or	42016
more members of the family, including any amount of a premium	42017
established under section 5111.704 of the Revised Code that the	42018
employer pays, shall be treated as the income of the individual's	42019
family.	42020

(C) All other amounts disregarded pursuant to rules adopted	42021
under section 5111.707 of the Revised Code shall be applied to the	42022
income of the individual's family.	42023

Sec. 5111.704. (A) An individual whose family's income	42024
exceeds one hundred fifty per cent of the federal poverty	42025
guidelines shall pay an annual premium as a condition of	42026
qualifying for the medicaid buy-in for workers with disabilities	42027
program. The amount of the premium shall be determined as follows:	42028

(1) Subtract one hundred fifty per cent of the federal	42029
poverty guidelines, as applicable for a family size equal to the	42030
size of the individual's family, from the amount of the income of	42031
the individual's family;	42032

(2) Subtract any amount a member of the individual's family	42033
pays, whether by payroll deduction or otherwise, for other health	42034
insurance for one or more members of the family from the	42035
difference determined under division (A)(1) of this section;	42036

(3) Multiply the difference determined under division (A)(2)	42037
of this section by one tenth.	42038

(B) No amount that an employer of a member of an individual's	42039
family pays to obtain health insurance for one or more members of	42040
the individual's family, including any amount of a premium	42041
established under this section that the employer pays, shall be	42042
treated as the income of the individual's family for the purpose	42043
of this section.	42044

Sec. 5111.705. No individual shall be denied eligibility for	42045
the medicaid buy-in for workers with disabilities program on the	42046
basis that the individual receives services under a home and	42047
community-based services medicaid waiver component as defined in	42048
section 5111.851 of the Revised Code.	42049

Sec. 5111.706. An individual participating in the medicaid	42050
buy-in for workers with disabilities program may continue to	42051
participate in the program for up to six months even though the	42052
individual ceases to have earnings from employment or to be an	42053
employed individual with a medically improved disability due to	42054
ceasing to be employed if the individual continues to meet all	42055
other eligibility requirements for the program.	42056

Sec. 5111.707. The director of job and family services shall	42057
adopt rules in accordance with Chapter 119. of the Revised Code as	42058
necessary to implement the medicaid buy-in for workers with	42059
disabilities program. The rules shall do all of the following:	42060

(A) Specify assets, asset values, and amounts to be	42061
disregarded in determining asset and income eligibility limits for	42062
the program;	42063

(B) Establish meanings for the terms "earned income" and	42064
"unearned income";	42065

(C) Establish additional eligibility requirements for the	42066
program that must be established for the United States secretary	42067
of health and human services to approve the program.	42068

Sec. 5111.708. (A) There is hereby created the medicaid	42069
buy-in advisory council. The council shall consist of the	42070
following members:	42071

(1) The executive director of assistive technology of Ohio or	42072
the executive director's designee;	42073

(2) The director of the axis center for public awareness of	42074
people with disabilities or the director's designee;	42075

(3) The executive director of the cerebral palsy association	42076
of Ohio or the executive director's designee;	42077

(4) The chief executive officer of Ohio advocates for mental	42078
health or the chief executive officer's designee;	42079

(5) The state director of the Ohio chapter of AARP or the	42080
state director's designee;	42081

(6) The director of the Ohio developmental disabilities	42082
council created under section 5123.35 of the Revised Code or the	42083
director's designee;	42084

(7) The executive director of the governor's council on	42085
people with disabilities created under section 3303.41 of the	42086
Revised Code or the executive director's designee;	42087

(8) The administrator of the legal rights service created	42088
under section 5123.60 of the Revised Code or the administrator's	42089
designee;	42090

(9) The chairperson of the Ohio Olmstead task force or the	42091
chairperson's designee;	42092

(10) The executive director of the Ohio statewide independent	42093
living council or the executive director's designee;	42094

(11) The president of the Ohio chapter of the national	42095
multiple sclerosis society or the president's designee;	42096

(12) The executive director of the arc of Ohio or the	42097
executive director's designee;	42098

(13) The executive director of the commission on minority	42099
health or the executive director's designee.	42100

(B) All members of the medicaid buy-in advisory council shall	42101
serve without compensation or reimbursement, except as serving on	42102
the council is considered part of their usual job duties.	42103

(C) The members of the medicaid buy-in advisory council shall	42104
elect one of the members of the council to serve as the council's	42105
chairperson for a two-year term. The chairperson may be re-elected	42106
to successive terms.	42107

(D) The department of job and family services shall provide	42108
the Ohio medicaid buy-in advisory council with accommodations for	42109
the council to hold its meetings and shall provide the council	42110
with other administrative assistance the council needs to perform	42111
its duties.	42112

Sec. 5111.709. The director of job and family services or	42113
the director's designee shall consult with the medicaid buy-in	42114
advisory council before adopting, amending, or rescinding any	42115
rules under section 5111.707 of the Revised Code governing the	42116
medicaid buy-in for workers with disabilities program.	42117

The director or designee shall meet at least quarterly with	42118
the council to discuss the program. At the meetings, the council	42119
may provide the director or designee with suggestions for	42120
improving the program and the director or designee shall provide	42121
the council with all of the following information:	42122

(A) The number of individuals who participated in the program	42123
the previous calendar quarter;	42124

(B) The cost of the program the previous calendar quarter;

42125

(C) The amount of revenue generated the previous quarter by	42126
premiums that participants pay under section 5111.704 of the	42127
Revised Code;	42128

(D) The average amount of earned income of participants'	42129
families;	42130

(E) The average amount of time participants have participated	42131
in the program;	42132

(F) The types of other health insurance participants have	42133
been able to obtain.	42134

Sec. 5111.7010. Not less than once each year, the director	42135
of job and family services shall submit a report on the medicaid	42136
buy-in for workers with disabilities program to the governor,	42137
speaker and minority leader of the house of representatives,	42138
president and minority leader of the senate, and chairpersons of	42139
the house and senate committees to which the biennial operating	42140
budget bill is referred. The report shall include all of the	42141
following information:	42142

(A) The number of individuals who participated in the	42143
medicaid buy-in for workers with disabilities program;	42144

(B) The cost of the program;

42145

(C) The amount of revenue generated by premiums that	42146
participants pay under section 5111.704 of the Revised Code;	42147

(D) The average amount of earned income of participants'	42148
families;	42149

(E) The average amount of time participants have participated	42150
in the program;	42151

(F) The types of other health insurance participants have	42152
been able to obtain.	42153

Sec. 5111.71. (A) There is hereby created the health	42154
assistance for children with catastrophic illness council. The	42155
council shall consist of the following members:	42156

(1) The director of job and family services;

42157

(2) The director of health;

42158

(3) Three members of the senate, not more than two of whom	42159
are members of the same political party, appointed by the	42160
president of the senate;	42161

(4) Three members of the house of representatives, not more	42162
than two of whom are members of the same political party,	42163
appointed by the speaker of the house of representatives.	42164

(B) The president of the senate shall select one of the	42165
members of the council who is a member of the senate to serve as a	42166
co-chairperson of the council. The speaker shall select one of the	42167
members of the council who is a member of the house of	42168
representatives to serve as the other co-chairperson of the	42169
council. Members of the council shall serve without compensation	42170
or reimbursement of expenses, except to the extent that serving on	42171
the council is part of the council member's regular duties of	42172
employment.	42173

(C) The co-chairpersons shall call the council to its first	42174
meeting not later than October 1, 2007. The council shall study	42175
the feasibility, cost, and benefits of permitting individuals	42176
under nineteen years of age who have a catastrophic mental or	42177
physical illness or disability and family income exceeding three	42178
hundred per cent of the federal poverty guidelines to qualify for	42179
medicaid under a buy-in mechanism, to receive assistance (either	42180
through the medicaid program or a state-only funded program) in	42181
paying for the premiums for private health insurance, or a	42182
combination of both. The council shall include in its study the	42183
issue of who should qualify for assistance under such a buy-in	42184
mechanism, premium assistance program, or combination.	42185

(D) The council shall issue a report not later than December	42186
31, 2007. The council shall provide a copy of the report to the	42187
governor and general assembly and make the report available to the	42188
public. The council shall cease to exist on the date the report is	42189
issued.	42190

(E) The council's report shall include guidelines for the	42191
director of job and family services to follow in establishing a	42192
buy-in mechanism, premium assistance program, or combination. The	42193
guidelines shall include all of the following:	42194

(1) A requirement that coverage under the mechanism, program,	42195
or combination at least include individuals under nineteen years	42196
of age who have family income exceeding three hundred per cent of	42197
the federal poverty guidelines and have been unable to obtain	42198
private health insurance for at least one year due to the severity	42199
of a catastrophic mental or physical illness or disability;	42200

(2) A prohibition against establishing a numerical limit on	42201
the number of individuals who may participate in the mechanism,	42202
program, or combination;	42203

(3) A requirement that the mechanism, program, or combination	42204
include cost-sharing provisions.	42205

(F) The director of job and family service shall create a	42206
buy-in mechanism, premium assistance program, or combination in	42207
accordance with the guidelines included in the council's report.	42208
Not later than March 1, 2008, the director shall amend the state	42209
medicaid plan, seek a federal medicaid waiver, or both and adopt	42210
rules under Chapter 119. of the Revised Code as necessary to	42211
create the mechanism, program, or combination. The mechanism,	42212
program, or combination shall begin operation not later July 1,	42213
2008.	42214

Sec. 5111.84. The director of job and family services may not	42215
submit a request to the United States secretary of health and	42216
human services for a medicaid waiver under section 1115 of the	42217
"Social Security Act of 1935," 42 U.S.C. 1315, unless the director	42218
provides the speaker of the house of representatives and president	42219
of the senate written notice of the director's intent to submit	42220
the request at least ten days before the date the director submits	42221
the request to the United States secretary. The notice shall	42222
include a detailed explanation of the medicaid waiver the director	42223
proposes to seek.	42224

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	42225
of the Revised Code:	42226

"Administrative agency" means, with respect to a home and	42227
community-based services medicaid waiver component, the department	42228
of job and family services or, if a state agency or political	42229
subdivision contracts with the department under section 5111.91 of	42230
the Revised Code to administer the component, that state agency or	42231
political subdivision.	42232

"Home and community-based services medicaid waiver component"	42233
means a medicaid waiver component under which home and	42234
community-based services are provided as an alternative to	42235
hospital, nursing facility, or intermediate care facility for the	42236
mentally retarded services.	42237

"Hospital" has the same meaning as in section 3727.01 of the	42238
Revised Code.	42239

"Intermediate care facility for the mentally retarded" has	42240
the same meaning as in section 5111.20 of the Revised Code.	42241

"Level of care determination" means a determination of	42242
whether an individual needs the level of care provided by a	42243
hospital, nursing facility, or intermediate care facility for the	42244
mentally retarded and whether the individual, if determined to	42245
need that level of care, would receive hospital, nursing facility,	42246
or intermediate care facility for the mentally retarded services	42247
if not for a home and community-based services medicaid waiver	42248
component.	42249

"Medicaid buy-in for workers with disabilities program" means	42250
the component of the medicaid program established under sections	42251
5111.70 to 5111.7010 of the Revised Code.	42252

"Nursing facility" has the same meaning as in section 5111.20	42253
of the Revised Code.	42254

"Skilled nursing facility" means a facility certified as a	42255
skilled nursing facility under Title XVIII of the "Social Security	42256
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	42257

(B) The following requirements apply to each home and	42258
community-based services medicaid waiver component:	42259

(1) Only an individual who qualifies for a component shall	42260
receive that component's services.	42261

(2) A level of care determination shall be made as part of	42262
the process of determining whether an individual qualifies for a	42263
component and shall be made each year after the initial	42264
determination if, during such a subsequent year, the	42265
administrative agency determines there is a reasonable indication	42266
that the individual's needs have changed.	42267

(3) A written plan of care or individual service plan based	42268
on an individual assessment of the services that an individual	42269
needs to avoid needing admission to a hospital, nursing facility,	42270
or intermediate care facility for the mentally retarded shall be	42271
created for each individual determined eligible for a component.	42272

(4) Each individual determined eligible for a component shall	42273
receive that component's services in accordance with the	42274
individual's level of care determination and written plan of care	42275
or individual service plan.	42276

(5) No individual may receive services under a component	42277
while the individual is a hospital inpatient or resident of a	42278
skilled nursing facility, nursing facility, or intermediate care	42279
facility for the mentally retarded.	42280

(6) No individual may receive prevocational, educational, or	42281
supported employment services under a component if the individual	42282
is eligible for such services that are funded with federal funds	42283
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	42284
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	42285

(7) Safeguards shall be taken to protect the health and	42286
welfare of individuals receiving services under a component,	42287
including safeguards established in rules adopted under section	42288
5111.85 of the Revised Code and safeguards established by	42289
licensing and certification requirements that are applicable to	42290
the providers of that component's services.	42291

(8) No services may be provided under a component by a	42292
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	42293
requires be established if the provider fails to comply with the	42294
standards applicable to the provider.	42295

(9) Individuals determined to be eligible for a component, or	42296
such individuals' representatives, shall be informed of that	42297
component's services, including any choices that the individual or	42298
representative may make regarding the component's services, and	42299
given the choice of either receiving services under that component	42300
or, as appropriate, hospital, nursing facility, or intermediate	42301
care facility for the mentally retarded services.	42302

(10) No individual shall lose eligibility for services under	42303
a component, or have the services reduced or otherwise disrupted,	42304
on the basis that the individual also receives services under the	42305
medicaid buy-in for workers with disabilities program.	42306

(11) No individual shall lose eligibility for services under	42307
a component, or have the services reduced or otherwise disrupted,	42308
on the basis that the individual's income or assets increase to an	42309
amount above the eligibility limit for the component if the	42310
individual is participating in the medicaid buy-in for workers	42311
with disabilities program and the amount of the individual's	42312
income or assets does not exceed the eligibility limit for the	42313
medicaid buy-in for workers with disabilities program.	42314

(12) No individual receiving services under a component shall	42315
be required to pay any cost sharing expenses for the services for	42316
any period during which the individual also participates in the	42317
medicaid buy-in for workers with disabilities program.	42318

Sec. 5111.871. The department of job and family services	42319
shall enter into a contract with the department of mental	42320
retardation and developmental disabilities under section 5111.91	42321
of the Revised Code with regard to one or more of the components	42322
of the medicaid program established by the department of job and	42323
family services under one or more of the medicaid waivers sought	42324
under section 5111.87 of the Revised Code. The contract shall	42325
provide for the department of mental retardation and developmental	42326
disabilities to administer the components in accordance with the	42327
terms of the waivers. The directors of job and family services and	42328
mental retardation and developmental disabilities shall adopt	42329
rules in accordance with Chapter 119. of the Revised Code	42330
governing the components.	42331

If the department of mental retardation and developmental	42332
disabilities or the department of job and family services denies	42333
an individual's application for home and community-based services	42334
provided under any of these medicaid components, the department	42335
that denied the services shall give timely notice to the	42336
individual that the individual may request a hearing under section	42337
5101.35 of the Revised Code.	42338

The departments of mental retardation and developmental	42339
disabilities and job and family services may approve, reduce,	42340
deny, or terminate a service included in the individualized	42341
service plan developed for a medicaid recipient eligible for home	42342
and community-based services provided under any of these medicaid	42343
components. The departments shall consider the recommendations a	42344
county board of mental retardation and developmental disabilities	42345
makes under division (A)(1)(c) of section 5126.055 of the Revised	42346
Code. If either department approves, reduces, denies, or	42347
terminates a service, that department shall give timely notice to	42348
the medicaid recipient that the recipient may request a hearing	42349
under section 5101.35 of the Revised Code.	42350

If supported living ~~or residential services~~, as defined in	42351
section 5126.01 of the Revised Code, ~~are~~is to be provided as a	42352
service under any of these components, any person or government	42353
entity with a current, valid medicaid provider agreement and a	42354
current, valid ~~license under section 5123.19 or~~ certificate under	42355
section ~~5123.16 or 5126.431~~5123.161 of the Revised Code may	42356
provide the ~~services~~service.	42357

If a service is to be provided under any of these components	42358
by a residential facility, as defined in section 5123.19 of the	42359
Revised Code, any person or government entity with a current,	42360
valid medicaid provider agreement and a current, valid license	42361
under section 5123.19 of the Revised Code may provide the service.	42362

Sec. 5111.8814. An intermediate care facility for the	42363
mentally retarded that converts in whole to providing home and	42364
community-based services under the ICF/MR conversion pilot program	42365
shall either be licensed as a residential facility under section	42366
5123.19 of the Revised Code or certified to provide supported	42367
living under section ~~5126.431~~5123.161 of the Revised Code. If an	42368
intermediate care facility for the mentally retarded converts in	42369
part to providing such home and community-based services, the	42370
distinct part of the facility that provides the home and	42371
community-based services shall either be licensed as a residential	42372
facility under section 5123.19 of the Revised Code or certified to	42373
provide supported living under section ~~5126.431~~5123.161 of the	42374
Revised Code. The facility or distinct part of the facility shall	42375
be licensed as a residential facility rather than certified to	42376
provide supported living if it meets the definition of	42377
"residential facility" in section 5123.19 of the Revised Code.	42378

Sec. 5111.89. (A) As used in sections 5111.89 to ~~5111.893~~	42379
5111.894 of the Revised Code:	42380

"Area agency on aging" has the same meaning as in section	42381
173.14 of the Revised Code.	42382

"Assisted living program" means the medicaid waiver component	42383
for which the director of job and family services is authorized by	42384
this section to request a medicaid waiver.	42385

"Assisted living services" means the following home and	42386
community-based services: personal care, homemaker, chore,	42387
attendant care, companion, medication oversight, and therapeutic	42388
social and recreational programming.	42389

"County or district home" means a county or district home	42390
operated under Chapter 5155. of the Revised Code.	42391

"Long-term care consultation program" means the program the	42392
department of aging is required to develop under section 173.42 of	42393
the Revised Code.	42394

"Long-term care consultation program administrator" or	42395
"administrator" means the department of aging or, if the	42396
department contracts with an area agency on aging or other entity	42397
to administer the long-term care consultation program for a	42398
particular area, that agency or entity.	42399

"Medicaid waiver component" has the same meaning as in	42400
section 5111.85 of the Revised Code.	42401

"Nursing facility" has the same meaning as in section 5111.20	42402
of the Revised Code.	42403

"Residential care facility" has the same meaning as in	42404
section 3721.01 of the Revised Code.	42405

(B) The director of job and family services may submit a	42406
request to the United States secretary of health and human	42407
services under 42 U.S.C. 1396n to obtain a waiver of federal	42408
medicaid requirements that would otherwise be violated in the	42409
creation and implementation of a program under which assisted	42410
living services are provided to not more than one thousand eight	42411
hundred individuals who meet the program's eligibility	42412
requirements established under section 5111.891 of the Revised	42413
Code.	42414

If the secretary approves the medicaid waiver requested under	42415
this section and the director of budget and management approves	42416
the contract, the department of job and family services shall	42417
enter into a contract with the department of aging under section	42418
5111.91 of the Revised Code that provides for the department of	42419
aging to administer the assisted living program. The contract	42420
shall include an estimate of the program's costs.	42421

The director of job and family services may adopt rules under	42422
section 5111.85 of the Revised Code regarding the assisted living	42423
program. The director of aging may adopt rules under Chapter 119.	42424
of the Revised Code regarding the program that the rules adopted	42425
by the director of job and family services authorize the director	42426
of aging to adopt.	42427

Sec. 5111.891. To be eligible for the assisted living	42428
program, an individual must meet all of the following	42429
requirements:	42430

(A) Need an intermediate level of care as determined under	42431
rule 5101:3-3-06 of the Administrative Code;	42432

(B) At the time the individual applies for the assisted	42433
living program, be one of the following:	42434

(1) A nursing facility resident who is seeking to move to a	42435
residential care facility and would remain in a nursing facility	42436
for long term care if not for the assisted living program;	42437

(2) A participant of any of the following medicaid waiver	42438
components who would move to a nursing facility if not for the	42439
assisted living program:	42440

(a) The PASSPORT program created under section 173.40 of the	42441
Revised Code;	42442

(b) The medicaid waiver component called the choices program	42443
that the department of aging administers;	42444

(c) A medicaid waiver component that the department of job	42445
and family services administers.	42446

(3) A resident of a residential care facility who has resided	42447
in a residential care facility for at least six months immediately	42448
before the date the individual applies for the assisted living	42449
program.	42450

(C) At the time the individual receives assisted living	42451
services under the assisted living program, reside in a	42452
residential care facility, including both of the following:	42453

(1) A residential care facility that is owned or operated by	42454
a metropolitan housing authority that has a contract with the	42455
United States department of housing and urban development to	42456
receive an operating subsidy or rental assistance for the	42457
residents of the facility;	42458

(2) A county or district home licensed as a residential care	42459
facility.	42460

(D) Meet all other eligibility requirements for the assisted	42461
living program established in rules adopted under section 5111.85	42462
of the Revised Code.	42463

Sec. 5111.894. When an area agency on aging determines that	42464
an individual who is eligible for the medicaid program and resides	42465
in the area that the area agency on aging serves has been admitted	42466
to a nursing facility, the agency shall notify the long-term care	42467
consultation program administrator serving the area in which the	42468
individual resides about the determination. The administrator	42469
shall determine whether the assisted living program is appropriate	42470
for the individual and whether the individual would rather	42471
participate in the assisted living program than continue residing	42472
in the nursing facility. If the administrator determines that the	42473
assisted living program is appropriate for the individual and the	42474
individual would rather participate in the assisted living program	42475
than continue residing in the nursing facility, the administrator	42476
shall provide the individual or individual's representative	42477
information about how to apply for the assisted living program and	42478
whether there is a waiting list for the assisted living program.	42479

Sec. 5111.915. (A) The department of job and family services	42480
shall enter into an agreement with the department of	42481
administrative services for the department of administrative	42482
services to contract through competitive selection pursuant to	42483
section 125.07 of the Revised Code with a vendor to perform an	42484
assessment of the data collection and data warehouse functions of	42485
the medicaid data warehouse system, including the ability to link	42486
the data sets of all agencies serving medicaid recipients.	42487

The assessment of the data system shall include functions	42488
related to fraud and abuse detection, program management and	42489
budgeting, and performance measurement capabilities of all	42490
agencies serving medicaid recipients, including the departments of	42491
aging, alcohol and drug addiction services, health, job and family	42492
services, mental health, and mental retardation and developmental	42493
disabilities.	42494

The department of administrative services shall enter into	42495
this contract within thirty days after ~~the effective date of this~~	42496
~~section~~September 29, 2005. The contract shall require the vendor	42497
to complete the assessment within ninety days after ~~the effective~~	42498
~~date of this section~~September 29, 2005.	42499

A qualified vendor with whom the department of administrative	42500
services contracts to assess the data system shall also assist the	42501
medicaid agencies in the definition of the requirements for an	42502
enhanced data system or a new data system and assist the	42503
department of administrative services in the preparation of a	42504
request for proposal to enhance or develop a data system.	42505

(B) Based on the assessment performed pursuant to division	42506
(A) of this section, the ~~department of administrative services~~	42507
office of information technology shall seek a qualified vendor	42508
through competitive selection pursuant to section 125.07 of the	42509
Revised Code to develop or enhance a data collection and data	42510
warehouse system for the department of job and family services and	42511
all agencies serving medicaid recipients.	42512

Within ninety days after ~~the effective date of this section~~	42513
September 29, 2005, the department of job and family services	42514
shall seek enhanced federal funding for ninety per cent of the	42515
funds required to establish or enhance the data system. The	42516
~~department of administrative services~~office of information	42517
technology shall not award a contract for establishing or	42518
enhancing the data system until the department of job and family	42519
services receives approval from the secretary of the United States	42520
department of health and human services for the ninety per cent	42521
federal match.	42522

Sec. 5112.341. (A) In addition to assessing a penalty	42523
pursuant to section 5112.34 of the Revised Code, the department of	42524
job and family services may do either or both of the following if	42525
an intermediate care facility for the mentally retarded fails to	42526
pay the full amount of a franchise permit fee installment when	42527
due:	42528

(1) ~~Withhold~~Offset an amount less than or equal to the	42529
installment and penalty assessed under section 5112.34 of the	42530
Revised Code from a medicaid payment due the facility ~~until the~~	42531
~~facility pays the installment and penalty~~;	42532

(2) Terminate the facility's medicaid provider agreement.

42533

(B) The department may ~~withhold~~offset a medicaid payment	42534
under division (A)(1) of this section without providing notice to	42535
the intermediate care facility for the mentally retarded and	42536
without conducting an adjudication under Chapter 119. of the	42537
Revised Code.	42538

Sec. 5115.12. (A) The director of job and family services	42539
shall adopt rules in accordance with section 111.15 of the Revised	42540
Code governing the disability medical assistance program. The	42541
rules may establish or specify any or all of the following:	42542

(1) Income, resource, citizenship, age, residence, living	42543
arrangement, and other eligibility requirements;	42544

(2) Health services to be included in the program;

42545

(3) The maximum authorized amount, scope, duration, or limit	42546
of payment for services;	42547

(4) Limits on the length of time an individual may receive	42548
disability medical assistance;	42549

(5) Limits on the total number of individuals in the state	42550
who may receive disability medical assistance;	42551

(6) Limits on the number and types of providers eligible to	42552
be reimbursed for services provided to individuals enrolled in the	42553
program.	42554

(B) For purposes of limiting the cost of the disability	42555
medical assistance program, the director may do either of the	42556
following:	42557

(1) Adopt rules in accordance with section 111.15 of the	42558
Revised Code that revise the program's eligibility requirements;	42559
the maximum authorized amount, scope, duration, or limit of	42560
payment for services included in the program; or any other	42561
requirement or standard established or specified by rules adopted	42562
under division (A) of this section or under section 5115.10 of the	42563
Revised Code;	42564

(2) Suspend acceptance of applications for disability medical	42565
assistance. While a suspension is in effect, no person shall	42566
receive a determination or redetermination of eligibility for	42567
disability medical assistance unless the person was receiving the	42568
assistance during the month immediately preceding the suspension's	42569
effective date or the person submitted an application prior to the	42570
suspension's effective date and receives a determination of	42571
eligibility based on that application. The director may adopt	42572
rules in accordance with section 111.15 of the Revised Code	42573
establishing requirements and specifying procedures applicable to	42574
the suspension of acceptance of applications.	42575

Sec. 5119.611. (A) A community mental health agency that	42576
seeks certification of its community mental health services shall	42577
submit an application to the director of mental health. On receipt	42578
of the application, the director may visit and shall evaluate the	42579
agency to determine whether its services satisfy the standards	42580
established by rules adopted under division ~~(D)~~(C) of this	42581
section. The director shall make the evaluation, and, if the	42582
director visits the agency, shall make the visit, in cooperation	42583
with the board of alcohol, drug addiction, and mental health	42584
services with which the agency seeks to contract under division	42585
(A)(8)(a) of section 340.03 of the Revised Code.	42586

~~Subject to divisions (B) and (C) of this section~~If the	42587
director determines that a community mental health agency's	42588
services satisfy the standards and the agency has paid the fee	42589
required under division (B) of this section, the director shall	42590
certify ~~a community mental health agency's~~the services ~~that the~~	42591
~~director determines satisfy the standards~~.	42592

If the director determines that a community mental health	42593
agency's services do not satisfy the standards, the director shall	42594
identify the areas of noncompliance, specify what action is	42595
necessary to satisfy the standards, and offer technical assistance	42596
to the board of alcohol, drug addiction, and mental health	42597
services so that the board may assist the agency in satisfying the	42598
standards. The director shall give the agency a reasonable time	42599
within which to demonstrate that its services satisfy the	42600
standards or to bring the services into compliance with the	42601
standards. If the director concludes that the services continue to	42602
fail to satisfy the standards, the director may request that the	42603
board reallocate the funds for the community mental health	42604
services the agency was to provide to another community mental	42605
health agency whose community mental health services satisfy the	42606
standards. If the board does not reallocate those funds in a	42607
reasonable period of time, the director may withhold state and	42608
federal funds for the community mental health services and	42609
allocate those funds directly to a community mental health agency	42610
whose community mental health services satisfy the standards.	42611

(B) Each community mental health agency seeking certification	42612
of its community mental health services under this section shall	42613
pay a fee for the certification review required by this section.	42614
Fees shall be paid into the sale of goods and services fund	42615
created pursuant to section 5119.161 of the Revised Code.	42616

(C) ~~The director may certify a community mental health~~	42617
~~service only if the service is for individuals whose focus of~~	42618
~~treatment is a mental disorder according to the edition of the~~	42619
~~American psychiatric association's diagnostic and statistical~~	42620
~~manual of mental disorders that is current at the time the~~	42621
~~director issues the certification, including such services for~~	42622
~~individuals who have a mental disorder and a co-occurring~~	42623
~~substance use disorder, substance induced disorder, chronic~~	42624
~~dementing organic mental disorder, mental retardation, or~~	42625
~~developmental disability. The director may not certify a service~~	42626
~~that is for individuals whose focus of treatment is solely a~~	42627
~~substance use disorder, substance-induced disorder, chronic~~	42628
~~dementing organic mental disorder, mental retardation, or~~	42629
~~developmental disability.~~	42630

~~(D)~~ The director shall adopt rules in accordance with Chapter	42631
119. of the Revised Code to implement this section. The rules	42632
shall do all of the following:	42633

(1) Establish certification standards for community mental	42634
health services, including assertive community treatment and	42635
intensive home-based mental health services, that are consistent	42636
with nationally recognized applicable standards and facilitate	42637
participation in federal assistance programs. The rules shall	42638
include as certification standards only requirements that improve	42639
the quality of services or the health and safety of clients of	42640
community mental health services. The standards shall address at a	42641
minimum all of the following:	42642

(a) Reporting major unusual incidents to the director;

42643

(b) Procedures for applicants for and clients of community	42644
mental health services to file grievances and complaints;	42645

42646

(d) Restraint;

42647

(e) Development of written policies addressing the rights of	42648
clients, including all of the following:	42649

(i) The right to a copy of the written policies addressing	42650
client rights;	42651

(ii) The right at all times to be treated with consideration	42652
and respect for the client's privacy and dignity;	42653

(iii) The right to have access to the client's own	42654
psychiatric, medical, or other treatment records unless access is	42655
specifically restricted in the client's treatment plan for clear	42656
treatment reasons;	42657

(iv) The right to have a client rights officer provided by	42658
the agency or board of alcohol, drug addiction, and mental health	42659
services advise the client of the client's rights, including the	42660
client's rights under Chapter 5122. of the Revised Code if the	42661
client is committed to the agency or board.	42662

(2) Establish standards for qualifications of mental health	42663
professionals as defined in section 340.02 of the Revised Code and	42664
personnel who provide the community mental health services;	42665

(3) Establish the process for certification of community	42666
mental health services;	42667

(4) Set the amount of certification review fees based on a	42668
portion of the cost of performing the review;	42669

(5) Specify the type of notice and hearing to be provided	42670
prior to a decision on whether to reallocate funds.	42671

Sec. 5123.01. As used in this chapter:

42672

(A) "Chief medical officer" means the licensed physician	42673
appointed by the managing officer of an institution for the	42674
mentally retarded with the approval of the director of mental	42675
retardation and developmental disabilities to provide medical	42676
treatment for residents of the institution.	42677

(B) "Chief program director" means a person with special	42678
training and experience in the diagnosis and management of the	42679
mentally retarded, certified according to division (C) of this	42680
section in at least one of the designated fields, and appointed by	42681
the managing officer of an institution for the mentally retarded	42682
with the approval of the director to provide habilitation and care	42683
for residents of the institution.	42684

(C) "Comprehensive evaluation" means a study, including a	42685
sequence of observations and examinations, of a person leading to	42686
conclusions and recommendations formulated jointly, with	42687
dissenting opinions if any, by a group of persons with special	42688
training and experience in the diagnosis and management of persons	42689
with mental retardation or a developmental disability, which group	42690
shall include individuals who are professionally qualified in the	42691
fields of medicine, psychology, and social work, together with	42692
such other specialists as the individual case may require.	42693

(D) "Education" means the process of formal training and	42694
instruction to facilitate the intellectual and emotional	42695
development of residents.	42696

(E) "Habilitation" means the process by which the staff of	42697
the institution assists the resident in acquiring and maintaining	42698
those life skills that enable the resident to cope more	42699
effectively with the demands of the resident's own person and of	42700
the resident's environment and in raising the level of the	42701
resident's physical, mental, social, and vocational efficiency.	42702
Habilitation includes but is not limited to programs of formal,	42703
structured education and training.	42704

(F) "Health officer" means any public health physician,	42705
public health nurse, or other person authorized or designated by a	42706
city or general health district.	42707

(G) "Home and community-based services" means medicaid-funded	42708
home and community-based services specified in division (B)(1) of	42709
section 5111.87 of the Revised Code provided under the medicaid	42710
waiver components the department of mental retardation and	42711
developmental disabilities administers pursuant to section	42712
5111.871 of the Revised Code.	42713

(H) "Indigent person" means a person who is unable, without	42714
substantial financial hardship, to provide for the payment of an	42715
attorney and for other necessary expenses of legal representation,	42716
including expert testimony.	42717

(I) "Institution" means a public or private facility, or a	42718
part of a public or private facility, that is licensed by the	42719
appropriate state department and is equipped to provide	42720
residential habilitation, care, and treatment for the mentally	42721
retarded.	42722

(J) "Licensed physician" means a person who holds a valid	42723
certificate issued under Chapter 4731. of the Revised Code	42724
authorizing the person to practice medicine and surgery or	42725
osteopathic medicine and surgery, or a medical officer of the	42726
government of the United States while in the performance of the	42727
officer's official duties.	42728

(K) "Managing officer" means a person who is appointed by the	42729
director of mental retardation and developmental disabilities to	42730
be in executive control of an institution for the mentally	42731
retarded under the jurisdiction of the department.	42732

(L) "Medicaid" has the same meaning as in section 5111.01 of	42733
the Revised Code.	42734

(M) "Medicaid case management services" means case management	42735
services provided to an individual with mental retardation or	42736
other developmental disability that the state medicaid plan	42737
requires.	42738

(N) "Mentally retarded person" means a person having	42739
significantly subaverage general intellectual functioning existing	42740
concurrently with deficiencies in adaptive behavior, manifested	42741
during the developmental period.	42742

(O) "Mentally retarded person subject to institutionalization	42743
by court order" means a person eighteen years of age or older who	42744
is at least moderately mentally retarded and in relation to whom,	42745
because of the person's retardation, either of the following	42746
conditions exist:	42747

(1) The person represents a very substantial risk of physical	42748
impairment or injury to self as manifested by evidence that the	42749
person is unable to provide for and is not providing for the	42750
person's most basic physical needs and that provision for those	42751
needs is not available in the community;	42752

(2) The person needs and is susceptible to significant	42753
habilitation in an institution.	42754

(P) "A person who is at least moderately mentally retarded"	42755
means a person who is found, following a comprehensive evaluation,	42756
to be impaired in adaptive behavior to a moderate degree and to be	42757
functioning at the moderate level of intellectual functioning in	42758
accordance with standard measurements as recorded in the most	42759
current revision of the manual of terminology and classification	42760
in mental retardation published by the American association on	42761
mental retardation.	42762

(Q) As used in this division, "substantial functional	42763
limitation," "developmental delay," and "established risk" have	42764
the meanings established pursuant to section 5123.011 of the	42765
Revised Code.	42766

"Developmental disability" means a severe, chronic disability	42767
that is characterized by all of the following:	42768

(1) It is attributable to a mental or physical impairment or	42769
a combination of mental and physical impairments, other than a	42770
mental or physical impairment solely caused by mental illness as	42771
defined in division (A) of section 5122.01 of the Revised Code.	42772

(2) It is manifested before age twenty-two.

42773

(3) It is likely to continue indefinitely.

42774

(4) It results in one of the following:

42775

(a) In the case of a person under three years of age, at	42776
least one developmental delay or an established risk;	42777

(b) In the case of a person at least three years of age but	42778
under six years of age, at least two developmental delays or an	42779
established risk;	42780

(c) In the case of a person six years of age or older, a	42781
substantial functional limitation in at least three of the	42782
following areas of major life activity, as appropriate for the	42783
person's age: self-care, receptive and expressive language,	42784
learning, mobility, self-direction, capacity for independent	42785
living, and, if the person is at least sixteen years of age,	42786
capacity for economic self-sufficiency.	42787

(5) It causes the person to need a combination and sequence	42788
of special, interdisciplinary, or other type of care, treatment,	42789
or provision of services for an extended period of time that is	42790
individually planned and coordinated for the person.	42791

(R) "Developmentally disabled person" means a person with a	42792
developmental disability.	42793

(S) "State institution" means an institution that is	42794
tax-supported and under the jurisdiction of the department.	42795

(T) "Residence" and "legal residence" have the same meaning	42796
as "legal settlement," which is acquired by residing in Ohio for a	42797
period of one year without receiving general assistance prior to	42798
July 17, 1995, under former Chapter 5113. of the Revised Code,	42799
financial assistance under Chapter 5115. of the Revised Code, or	42800
assistance from a private agency that maintains records of	42801
assistance given. A person having a legal settlement in the state	42802
shall be considered as having legal settlement in the assistance	42803
area in which the person resides. No adult person coming into this	42804
state and having a spouse or minor children residing in another	42805
state shall obtain a legal settlement in this state as long as the	42806
spouse or minor children are receiving public assistance, care, or	42807
support at the expense of the other state or its subdivisions. For	42808
the purpose of determining the legal settlement of a person who is	42809
living in a public or private institution or in a home subject to	42810
licensing by the department of job and family services, the	42811
department of mental health, or the department of mental	42812
retardation and developmental disabilities, the residence of the	42813
person shall be considered as though the person were residing in	42814
the county in which the person was living prior to the person's	42815
entrance into the institution or home. Settlement once acquired	42816
shall continue until a person has been continuously absent from	42817
Ohio for a period of one year or has acquired a legal residence in	42818
another state. A woman who marries a man with legal settlement in	42819
any county immediately acquires the settlement of her husband. The	42820
legal settlement of a minor is that of the parents, surviving	42821
parent, sole parent, parent who is designated the residential	42822
parent and legal custodian by a court, other adult having	42823
permanent custody awarded by a court, or guardian of the person of	42824
the minor, provided that:	42825

(1) A minor female who marries shall be considered to have	42826
the legal settlement of her husband and, in the case of death of	42827
her husband or divorce, she shall not thereby lose her legal	42828
settlement obtained by the marriage.	42829

(2) A minor male who marries, establishes a home, and who has	42830
resided in this state for one year without receiving general	42831
assistance prior to July 17, 1995, under former Chapter 5113. of	42832
the Revised Code, financial assistance under Chapter 5115. of the	42833
Revised Code, or assistance from a private agency that maintains	42834
records of assistance given shall be considered to have obtained a	42835
legal settlement in this state.	42836

(3) The legal settlement of a child under eighteen years of	42837
age who is in the care or custody of a public or private child	42838
caring agency shall not change if the legal settlement of the	42839
parent changes until after the child has been in the home of the	42840
parent for a period of one year.	42841

No person, adult or minor, may establish a legal settlement	42842
in this state for the purpose of gaining admission to any state	42843
institution.	42844

(U)(1) "Resident" means, subject to division (R)(2) of this	42845
section, a person who is admitted either voluntarily or	42846
involuntarily to an institution or other facility pursuant to	42847
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	42848
Code subsequent to a finding of not guilty by reason of insanity	42849
or incompetence to stand trial or under this chapter who is under	42850
observation or receiving habilitation and care in an institution.	42851

(2) "Resident" does not include a person admitted to an	42852
institution or other facility under section 2945.39, 2945.40,	42853
2945.401, or 2945.402 of the Revised Code to the extent that the	42854
reference in this chapter to resident, or the context in which the	42855
reference occurs, is in conflict with any provision of sections	42856
2945.37 to 2945.402 of the Revised Code.	42857

(V) "Respondent" means the person whose detention,	42858
commitment, or continued commitment is being sought in any	42859
proceeding under this chapter.	42860

(W) "Working day" and "court day" mean Monday, Tuesday,	42861
Wednesday, Thursday, and Friday, except when such day is a legal	42862
holiday.	42863

(X) "Prosecutor" means the prosecuting attorney, village	42864
solicitor, city director of law, or similar chief legal officer	42865
who prosecuted a criminal case in which a person was found not	42866
guilty by reason of insanity, who would have had the authority to	42867
prosecute a criminal case against a person if the person had not	42868
been found incompetent to stand trial, or who prosecuted a case in	42869
which a person was found guilty.	42870

(Y) "Court" means the probate division of the court of common	42871
pleas.	42872

(Z) "Supported living" has the same meaning as in section	42873
5126.01 of the Revised Code.	42874

Sec. 5123.033. The program fee fund is hereby created in the	42875
state treasury. All fees collected pursuant to sections 5123.161,	42876
5123.164, 5123.19, and 5126.25 of the Revised Code shall be	42877
credited to the fund. Money credited to the fund shall be used	42878
solely for the department of mental retardation and developmental	42879
disabilities' duties under sections 5123.16 to 5123.169, 5123.19,	42880
and 5126.25 of the Revised Code and to provide continuing	42881
education and professional training to employees of county boards	42882
of mental retardation and developmental disabilities for the	42883
purpose of section 5126.25 of the Revised Code and other providers	42884
of services to individuals with mental retardation or a	42885
developmental disability. If the money credited to the fund is	42886
inadequate to pay all of the department's costs in performing	42887
those duties and providing the continuing education and	42888
professional training, the department may use other available	42889
funds appropriated to the department to pay the remaining costs of	42890
performing those duties and providing the continuing education and	42891
professional training.	42892

Sec. 5123.043. (A) The director of mental retardation and	42893
developmental disabilities shall adopt rules establishing	42894
procedures for administrative resolution of complaints filed under	42895
division (B) of this section and section 5126.06 of the Revised	42896
Code. The rules shall be adopted in accordance with Chapter 119.	42897
of the Revised Code.	42898

(B) Except as provided in division (C) of this section, any	42899
person or county board of mental retardation and developmental	42900
disabilities that has a complaint involving any of the programs,	42901
services, policies, or administrative practices of the department	42902
of mental retardation and developmental disabilities or any of the	42903
entities under contract with the department, may file a complaint	42904
with the department. Prior to commencing a civil action regarding	42905
the complaint, a person or county board shall attempt to have the	42906
complaint resolved through the administrative resolution process	42907
established in the rules adopted under this section. After	42908
exhausting the administrative resolution process, the person or	42909
county board may commence a civil action if the complaint is not	42910
settled to the person's or county board's satisfaction.	42911

(C) An employee of the department may not file under this	42912
section a complaint related to the terms and conditions of	42913
employment for the employee.	42914

~~(D) This section does not apply to a conflict between a~~	42915
~~county board of mental retardation and developmental disabilities~~	42916
~~and a person or government entity that provides or seeks to~~	42917
~~provide services to an individual with mental retardation or other~~	42918
~~developmental disability. Section 5126.036 of the Revised Code~~	42919
~~applies to such a conflict.~~	42920

Sec. 5123.045. No person or government entity shall receive	42921
payment for providing home and community-based services unless the	42922
person or government entity is one of the following:	42923

(A) Certified under section ~~5123.16~~5123.161 of the Revised	42924
Code;	42925

(B) Licensed as a residential facility under section 5123.19	42926
of the Revised Code.	42927

Sec. 5123.047. ~~(A)~~ The department of mental retardation and	42928
developmental disabilities shall pay the nonfederal share of	42929
medicaid expenditures for medicaid case management services ~~if the~~	42930
~~services are provided to an individual with mental retardation or~~	42931
~~other developmental disability who a county board of mental~~	42932
~~retardation and developmental disabilities has determined under~~	42933
~~section 5126.041 of the Revised Code is not eligible for county~~	42934
~~board services.~~	42935

~~(B) The department shall pay the nonfederal share of medicaid~~	42936
~~expenditures for~~and home and community-based services ~~if any of~~	42937
~~the following apply:~~	42938

~~(1) The services are provided to an individual with mental~~	42939
~~retardation or other developmental disability who a county board~~	42940
~~has determined under section 5126.041 of the Revised Code is not~~	42941
~~eligible for county board services;~~	42942

~~(2) The services are provided to an individual with mental~~	42943
~~retardation or other developmental disability given priority for~~	42944
~~the services pursuant to division (D)(3) of section 5126.042 of~~	42945
~~the Revised Code. The department shall pay the nonfederal share of~~	42946
~~medicaid expenditures for home and community-based services~~	42947
~~provided to such an individual for as long as the individual~~	42948
~~continues to be eligible for and receive the services, regardless~~	42949
~~of whether the services are provided after June 30, 2003.~~	42950

~~(3) An agreement entered into under section 5123.048 of the~~	42951
~~Revised Code requires that the department pay the nonfederal share~~	42952
~~of medicaid expenditures for the services~~for which no county	42953
board of mental retardation and developmental disabilities is	42954
required by section 5126.059 or 5126.0510 of the Revised Code to	42955
pay.	42956

Sec. 5123.048. The director of mental retardation and	42957
developmental disabilities may enter into an agreement with a	42958
county board of mental retardation and developmental disabilities	42959
under which the department of mental retardation and developmental	42960
disabilities is to pay the nonfederal share of medicaid	42961
expenditures for one or more of the home and community-based	42962
services ~~provided to individuals with mental retardation or other~~	42963
~~developmental disability residing in the county served by~~that the	42964
county board would, if not for the agreement, be required by	42965
section 5126.0510 of the Revised Code to pay. The agreement shall	42966
specify which home and community-based services the agreement	42967
covers. The department shall pay the nonfederal share of medicaid	42968
expenditures for the home and community-based services that the	42969
agreement covers as long as the agreement is in effect.	42970

Sec. 5123.049. The director of mental retardation and	42971
developmental disabilities shall adopt rules in accordance with	42972
Chapter 119. of the Revised Code governing the authorization and	42973
payment of home and community-based services and medicaid case	42974
management services. The rules shall provide for private providers	42975
of the services to receive one hundred per cent of the medicaid	42976
allowable payment amount and for government providers of the	42977
services to receive the federal share of the medicaid allowable	42978
payment, less the amount withheld as a fee under section 5123.0412	42979
of the Revised Code and any amount that may be required by rules	42980
adopted under section 5123.0413 of the Revised Code to be	42981
deposited into the state MR/DD risk fund. The rules shall	42982
establish the process by which county boards of mental retardation	42983
and developmental disabilities shall certify and provide the	42984
nonfederal share of medicaid expenditures that the county board is	42985
required by ~~division (A) of section 5126.057~~sections 5126.059 and	42986
5126.0510 of the Revised Code to pay. The process shall require a	42987
county board to certify that the county board has funding	42988
available at one time for two months costs for those expenditures.	42989
The process may permit a county board to certify that the county	42990
board has funding available at one time for more than two months	42991
costs for those expenditures.	42992

Sec. 5123.0411. The department of mental retardation and	42993
developmental disabilities may bring a mandamus action against a	42994
county board of mental retardation and developmental disabilities	42995
that fails to pay the nonfederal share of medicaid expenditures	42996
that the county board is required by ~~division (A) of section~~	42997
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code to	42998
pay. The department may bring the mandamus action in the court of	42999
common pleas of the county served by the county board or in the	43000
Franklin county court of common pleas.	43001

Sec. 5123.0414. (A) When the director of mental retardation	43002
and developmental disabilities, under section 119.07 of the	43003
Revised Code, sends a party a notice by registered mail, return	43004
receipt requested, that the director intends to take action	43005
against the party authorized by section 5123.082, 5123.166,	43006
5123.168, 5123.19, 5123.45, 5123.51, or 5126.25 of the Revised	43007
Code and the notice is returned to the director with an	43008
endorsement indicating that the notice was refused or unclaimed,	43009
the director shall resend the notice by ordinary mail to the	43010
party.	43011

(B) If the original notice was refused, the notice shall be	43012
deemed received as of the date the director resends the notice.	43013

(C) If the original notice was unclaimed, the notice shall be	43014
deemed received as of the date the director resends the notice	43015
unless, not later than thirty days after the date the director	43016
sent the original notice, the resent notice is returned to the	43017
director for failure of delivery.	43018

If the notice concerns taking action under section 5123.51 of	43019
the Revised Code and the resent notice is returned to the director	43020
for failure of delivery not later than thirty days after the date	43021
the director sent the original notice, the director shall cause	43022
the notice to be published in a newspaper of general circulation	43023
in the county of the party's last known residence or business and	43024
shall mail a dated copy of the published notice to the party at	43025
the last known address. The notice shall be deemed received as of	43026
the date of the publication.	43027

If the notice concerns taking action under section 5123.082,	43028
5123.166, 5123.168, 5123.19, 5123.45, or 5126.25 of the Revised	43029
Code and the resent notice is returned to the director for failure	43030
of delivery not later than thirty days after the date the director	43031
sent the original notice, the director shall resend the notice to	43032
the party a second time. The notice shall be deemed received as of	43033
the date the director resends the notice the second time.	43034

Sec. 5123.0415. As used in this section, "license" means a	43035
license, certificate, or evidence of registration.	43036

Each person and government entity that applies for or holds a	43037
valid license issued under section 5123.082, 5123.161, 5123.19,	43038
5123.45, 5126.25, or 5126.252 of the Revised Code shall notify the	43039
director of mental retardation and developmental disabilities of	43040
any change in the person or government entity's address.	43041

Sec. 5123.0416. (A) Subject to the availability of funds	43042
appropriated to the department of mental retardation and	43043
developmental disabilities for medicaid waiver state match, the	43044
department shall expend, in fiscal year 2009 and each fiscal year	43045
thereafter, not less than the amount appropriated in appropriation	43046
item 322-416, medicaid waiver – state match, in fiscal year 2008	43047
to do both of the following:	43048

(1) Pay the nonfederal share of medicaid expenditures for	43049
home and community-based services that section 5123.047 of the	43050
Revised Code requires the department to pay;	43051

(2) Assist county boards of mental retardation and	43052
developmental disabilities in paying the nonfederal share of	43053
medicaid expenditures for home and community-based services that	43054
section 5126.0510 of the Revised Code requires county boards to	43055
pay.	43056

(B) The department may make the expenditures required by	43057
division (A)(2) of this section in the form of allocations to	43058
county boards or by other means. If the department makes the	43059
expenditures in the form of allocations, the process for making	43060
the allocations shall conform to a process the department shall	43061
establish after consulting with representatives of county boards.	43062

Sec. 5123.051. (A) If the department of mental retardation	43063
and developmental disabilities determines pursuant to an audit	43064
conducted under section 5123.05 of the Revised Code or a	43065
reconciliation conducted under section 5123.18 ~~or 5123.199~~ of the	43066
Revised Code that money is owed the state by a provider of a	43067
service or program, the department may enter into a payment	43068
agreement with the provider. The agreement shall include the	43069
following:	43070

(1) A schedule of installment payments whereby the money owed	43071
the state is to be paid in full within a period not to exceed one	43072
year;	43073

(2) A provision that the provider may pay the entire balance	43074
owed at any time during the term of the agreement;	43075

(3) A provision that if any installment is not paid in full	43076
within forty-five days after it is due, the entire balance owed is	43077
immediately due and payable;	43078

(4) Any other terms and conditions that are agreed to by the	43079
department and the provider.	43080

(B) The department may include a provision in a payment	43081
agreement that requires the provider to pay interest on the money	43082
owed the state. The department, in its discretion, shall determine	43083
whether to require the payment of interest and, if it so requires,	43084
the rate of interest. Neither the obligation to pay interest nor	43085
the rate of interest is subject to negotiation between the	43086
department and the provider.	43087

(C) If the provider fails to pay any installment in full	43088
within forty-five days after its due date, the department shall	43089
certify the entire balance owed to the attorney general for	43090
collection under section 131.02 of the Revised Code. The	43091
department may withhold funds from payments made to a provider	43092
under section 5123.18 ~~or 5123.199~~ of the Revised Code to satisfy a	43093
judgment secured by the attorney general.	43094

(D) The purchase of service fund is hereby created. Money	43095
credited to the fund shall be used solely for purposes of section	43096
5123.05 of the Revised Code.	43097

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.169 of	43098
the Revised Code:	43099

(1) "Provider" means a person or government entity certified	43100
by the director of mental retardation and developmental	43101
disabilities to provide supported living.	43102

(2) "Related party" means any of the following:

43103

(a) In the case of a provider who is an individual, any of	43104
the following:	43105

(i) The spouse of the provider;

43106

(ii) A parent or stepparent of the provider or provider's	43107
spouse;	43108

(iii) A child of the provider or provider's spouse;

43109

(iv) A sibling, half sibling, or stepsibling of the provider	43110
or provider's spouse;	43111

(v) A grandparent of the provider or provider's spouse;

43112

(vi) A grandchild of the provider or provider's spouse;

43113

(vii) An employee or employer of the provider or provider's	43114
spouse.	43115

(b) In the case of a provider that is a person other than an	43116
individual, any of the following:	43117

(i) An employee of the person;

43118

(ii) An officer of the provider, including the chief	43119
executive officer, president, vice-president, secretary, and	43120
treasurer;	43121

(iii) A member of the provider's board of directors or	43122
trustees;	43123

(iv) A person owning a financial interest of five per cent or	43124
more in the provider;	43125

(v) A corporation that has a subsidiary relationship with the	43126
provider;	43127

(vi) A person or government entity that has control over the	43128
provider's day-to-day operation;	43129

(vii) A person over which the provider has control of the	43130
day-to-day operation.	43131

(c) In the case of a provider that is a government entity,	43132
any of the following:	43133

(i) An employee of the provider;

43134

(ii) An officer of the provider;

43135

(iii) A member of the provider's governing board;

43136

(iv) A government entity that has control over the provider's	43137
day-to-day operation;	43138

(v) A person or government entity over which the provider has	43139
control of the day-to-day operation.	43140

(B) No person or government entity may provide supported	43141
living without a valid supported living certificate issued by the	43142
director of mental retardation and developmental disabilities.	43143

(C) A county board of mental retardation and developmental	43144
disabilities may provide supported living only to the extent	43145
permitted by rules adopted under section 5123.169 of the Revised	43146
Code.	43147

Sec. 5123.161. A person or government entity that seeks to	43148
provide supported living shall apply to the director of mental	43149
retardation and developmental disabilities for a supported living	43150
certificate.	43151

Except as provided in section 5123.166 of the Revised Code,	43152
the director shall issue the applicant a supported living	43153
certificate if the applicant follows the application process	43154
established in rules adopted under section 5123.169 of the Revised	43155
Code, meets the applicable certification standards established in	43156
those rules, and pays the certification fee established in those	43157
rules.	43158

Sec. 5123.162. The director of mental retardation and	43159
developmental disabilities may conduct surveys of persons and	43160
government entities that seek a supported living certificate to	43161
determine whether the persons and government entities meet the	43162
certification standards. The director may also conduct surveys of	43163
providers to determine whether the providers continue to meet the	43164
certification standards. The director shall conduct the surveys in	43165
accordance with rules adopted under section 5123.169 of the	43166
Revised Code.	43167

The records of surveys conducted under this section are	43168
public records for the purpose of section 149.43 of the Revised	43169
Code and shall be made available on the request of any person or	43170
government entity.	43171

Sec. 5123.163. A supported living certificate is valid for a	43172
period of time established in rules adopted under section 5123.169	43173
of the Revised Code, unless any of the following occur before the	43174
end of that period of time:	43175

(A) The director of mental retardation and developmental	43176
disabilities issues an order requiring that action be taken	43177
against the certificate holder under section 5123.166 of the	43178
Revised Code.	43179

(B) The director issues an order terminating the certificate	43180
under section 5123.168 of the Revised Code.	43181

(C) The certificate holder voluntarily surrenders the	43182
certificate to the director.	43183

Sec. 5123.164. Except as provided in section 5123.166 of the	43184
Revised Code, the director of mental retardation and developmental	43185
disabilities shall renew a supported living certificate if the	43186
certificate holder follows the renewal process established in	43187
rules adopted under section 5123.169 of the Revised Code,	43188
continues to meet the applicable certification standards	43189
established in those rules, and pays the renewal fee established	43190
in those rules.	43191

Sec. 5123.165. (A) Except as provided in division (B) of	43192
this section, no person or government entity may provide supported	43193
living to an individual with mental retardation or a developmental	43194
disability if the person or government entity or a related party	43195
of the person or government entity also provides the individual a	43196
residence.	43197

(B) A person may provide supported living to an individual	43198
with mental retardation or a developmental disability even though	43199
the person or a related party of the person also provides the	43200
individual a residence if either of the following apply:	43201

(1) The person also resides in the residence with the	43202
individual and does not provide at any one time supported living	43203
to more than a total of three individuals with mental retardation	43204
or a developmental disability who reside in that residence;	43205

(2) The person is an association of family members related to	43206
two or more of the individuals with mental retardation or a	43207
developmental disability who reside in the residence and does not	43208
provide at any one time supported living to more than a total of	43209
four individuals with mental retardation or a developmental	43210
disability who reside in that residence.	43211

Sec. 5123.166. (A) If good cause exists as specified in	43212
division (B) of this section and determined in accordance with	43213
procedures established in rules adopted under section 5123.169 of	43214
the Revised Code, the director of mental retardation and	43215
developmental disabilities may issue an adjudication order	43216
requiring that one of the following actions be taken against a	43217
person or government entity seeking or holding a supported living	43218
certificate:	43219

(1) Refusal to issue or renew a supported living certificate;

43220

(2) Revocation of a supported living certificate;

43221

(3) Suspension of a supported living certificate holder's	43222
authority to do either or both of the following:	43223

(a) Continue to provide supported living to one or more	43224
individuals from one or more counties who receive supported living	43225
from the certificate holder at the time the director takes the	43226
action;	43227

(b) Begin to provide supported living to one or more	43228
individuals from one or more counties who do not receive supported	43229
living from the certificate holder at the time the director takes	43230
the action.	43231

(B) The following constitute good cause for taking action	43232
under division (A) of this section against a person or government	43233
entity seeking or holding a supported living certificate:	43234

(1) The person or government entity's failure to meet or	43235
continue to meet the applicable certification standards	43236
established in rules adopted under section 5123.169 of the Revised	43237
Code;	43238

(2) The person or government entity violates section 5123.165	43239
of the Revised Code;	43240

(3) The person or government entity's failure to satisfy the	43241
requirements of section 5123.52, 5126.28, or 5126.281 of the	43242
Revised Code;	43243

(4) Misfeasance;

43244

(5) Malfeasance;

43245

(6) Nonfeasance;

43246

(7) Confirmed abuse or neglect;

43247

(8) Financial irresponsibility;

43248

(9) Other conduct the director determines is or would be	43249
injurious to individuals who receive or would receive supported	43250
living from the person or government entity.	43251

(C) Except as provided in division (D) of this section, the	43252
director shall issue an adjudication order under division (A) of	43253
this section in accordance with Chapter 119. of the Revised Code.	43254

(D)(1) The director may issue an order requiring that action	43255
specified in division (A)(3) of this section be taken before a	43256
provider is provided notice and an opportunity for a hearing if	43257
all of the following are the case:	43258

(a) The director determines such action is warranted by the	43259
provider's failure to continue to meet the applicable	43260
certification standards;	43261

(b) The director determines that the failure either	43262
represents a pattern of serious noncompliance or creates a	43263
substantial risk to the health or safety of an individual who	43264
receives or would receive supported living from the provider;	43265

(c) If the order will suspend the provider's authority to	43266
continue to provide supported living to an individual who receives	43267
supported living from the provider at the time the director issues	43268
the order, both of the following are the case:	43269

(i) The director makes the individual, or the individual's	43270
guardian, aware of the director's determination under division	43271
(D)(1)(b) of this section and the individual or guardian does not	43272
select another provider.	43273

(ii) A county board of mental retardation and developmental	43274
disabilities has filed a complaint with a probate court under	43275
section 5123.33 of the Revised Code that includes facts describing	43276
the nature of abuse or neglect that the individual has suffered	43277
due to the provider's actions that are the basis for the director	43278
making the determination under division (D)(1)(b) of this section	43279
and the probate court does not issue an order authorizing the	43280
county board to arrange services for the individual pursuant to an	43281
individualized service plan developed for the individual under	43282
section 5123.31 of the Revised Code.	43283

(2) If the director issues an order under division (D)(1) of	43284
this section, sections 119.091 to 119.13 of the Revised Code and	43285
all of the following apply:	43286

(a) The director shall send the provider notice of the order	43287
by registered mail, return receipt requested, not later than	43288
twenty-four hours after issuing the order and shall include in the	43289
notice the reasons for the order, the citation to the law or rule	43290
directly involved, and a statement that the provider will be	43291
afforded a hearing if the provider requests it within ten days of	43292
the time of receiving the notice.	43293

(b) If the provider requests a hearing within the required	43294
time and the provider has provided the director the provider's	43295
current address, the director shall immediately set, and notify	43296
the provider of, the date, time, and place for the hearing.	43297

(c) The date of the hearing shall be not later than thirty	43298
days after the director receives the provider's timely request for	43299
the hearing.	43300

(d) The hearing shall be conducted in accordance with section	43301
119.09 of the Revised Code, except for all of the following:	43302

(i) The hearing shall continue uninterrupted until its close,	43303
except for weekends, legal holidays, and other interruptions the	43304
provider and director agree to.	43305

(ii) If the director appoints a referee or examiner to	43306
conduct the hearing, the referee or examiner, not later than ten	43307
days after the date the referee or examiner receives a transcript	43308
of the testimony and evidence presented at the hearing or, if the	43309
referee or examiner does not receive the transcript or no such	43310
transcript is made, the date that the referee or examiner closes	43311
the record of the hearing, shall submit to the director a written	43312
report setting forth the referee or examiner's findings of fact	43313
and conclusions of law and a recommendation of the action the	43314
director should take.	43315

(iii) The provider may, not later than five days after the	43316
date the director, in accordance with section 119.09 of the	43317
Revised Code, sends the provider or the provider's attorney or	43318
other representative of record a copy of the referee or examiner's	43319
report and recommendation, file with the director written	43320
objections to the report and recommendation.	43321

(iv) The director shall approve, modify, or disapprove the	43322
referee or examiner's report and recommendation not earlier than	43323
six days, and not later than fifteen days, after the date the	43324
director, in accordance with section 119.09 of the Revised Code,	43325
sends a copy of the report and recommendation to the provider or	43326
the provider's attorney or other representative of record.	43327

(3) The director may lift an order issued under division	43328
(D)(1) of this section even though a hearing regarding the order	43329
is occurring or pending if the director determines that the	43330
provider has taken action eliminating the good cause for issuing	43331
the order. The hearing shall proceed unless the provider withdraws	43332
the request for the hearing in a written letter to the director.	43333

(4) The director shall lift an order issued under division	43334
(D)(1) of this section if both of the following are the case:	43335

(a) The provider provides the director a plan of compliance	43336
the director determines is acceptable.	43337

(b) The director determines that the provider has implemented	43338
the plan of compliance correctly.	43339

Sec. 5123.167. If the director of mental retardation and	43340
developmental disabilities issues an adjudication order under	43341
section 5123.166 of the Revised Code refusing to issue a supported	43342
living certificate to a person or government entity or to renew a	43343
person or government entity's supported living certificate,	43344
neither the person or government entity nor a related party of the	43345
person or government entity may apply for another supported living	43346
certificate earlier than the date that is one year after the date	43347
the order is issued. If the director issues an adjudication order	43348
under that section revoking a person or government entity's	43349
supported living certificate, neither the person or government	43350
entity nor a related party of the person or government entity may	43351
apply for another supported living certificate earlier than the	43352
date that is five years after the date the order is issued.	43353

Sec. 5123.168. The director of mental retardation and	43354
developmental disabilities may issue an adjudication order in	43355
accordance with Chapter 119. of the Revised Code to terminate a	43356
supported living certificate if the certificate holder has not	43357
billed for supported living for twelve consecutive months.	43358

Sec. 5123.169. The director of mental retardation and	43359
developmental disabilities shall adopt rules under Chapter 119. of	43360
the Revised Code establishing all of the following:	43361

(A) The extent to which a county board of mental retardation	43362
and developmental disabilities may provide supported living;	43363

(B) The application process for obtaining a supported living	43364
certificate under section 5123.161 of the Revised Code;	43365

(C) The certification standards a person or government entity	43366
must meet to obtain a supported living certificate to provide	43367
supported living;	43368

(D) The certification fee for a supported living certificate,	43369
which shall be deposited into the program fee fund created under	43370
section 5123.033 of the Revised Code;	43371

(E) The period of time a supported living certificate is	43372
valid;	43373

(F) The process for renewing a supported living certificate	43374
under section 5123.164 of the Revised Code;	43375

(G) The renewal fee for a supported living certificate, which	43376
shall be deposited into the program fee fund created under section	43377
5123.033 of the Revised Code;	43378

(H) Procedures for conducting surveys under section 5123.162	43379
of the Revised Code;	43380

(I) Procedures for determining whether there is good cause to	43381
take action under section 5123.166 of the Revised Code against a	43382
person or government entity seeking or holding a supported living	43383
certificate.	43384

Sec. 5123.19. (A) As used in this section and in sections	43385
5123.191, 5123.194, 5123.196, 5123.198, and 5123.20 of the Revised	43386
Code:	43387

(1)(a) "Residential facility" means a home or facility in	43388
which a mentally retarded or developmentally disabled person	43389
resides, except the home of a relative or legal guardian in which	43390
a mentally retarded or developmentally disabled person resides, a	43391
respite care home certified under section 5126.05 of the Revised	43392
Code, a county home or district home operated pursuant to Chapter	43393
5155. of the Revised Code, or a dwelling in which the only	43394
mentally retarded or developmentally disabled residents are in an	43395
independent living arrangement or are being provided supported	43396
living.	43397

(b) "Intermediate care facility for the mentally retarded"	43398
means a residential facility that is considered an intermediate	43399
care facility for the mentally retarded for the purposes of	43400
Chapter 5111. of the Revised Code.	43401

(2) "Political subdivision" means a municipal corporation,	43402
county, or township.	43403

(3) "Independent living arrangement" means an arrangement in	43404
which a mentally retarded or developmentally disabled person	43405
resides in an individualized setting chosen by the person or the	43406
person's guardian, which is not dedicated principally to the	43407
provision of residential services for mentally retarded or	43408
developmentally disabled persons, and for which no financial	43409
support is received for rendering such service from any	43410
governmental agency by a provider of residential services.	43411

(4) ~~"Supported living" has the same meaning as in section~~	43412
~~5126.01 of the Revised Code.~~	43413

~~(5)~~ "Licensee" means the person or government agency that has	43414
applied for a license to operate a residential facility and to	43415
which the license was issued under this section.	43416

(5) "Related party" has the same meaning as in section	43417
5123.16 of the Revised Code except that "provider" as used in the	43418
definition of "related party" means a person or government entity	43419
that held or applied for a license to operate a residential	43420
facility, rather than a person or government entity certified to	43421
provide supported living.	43422

(B) Every person or government agency desiring to operate a	43423
residential facility shall apply for licensure of the facility to	43424
the director of mental retardation and developmental disabilities	43425
unless the residential facility is subject to section 3721.02,	43426
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	43427
Chapter 3721. of the Revised Code, a nursing home that is	43428
certified as an intermediate care facility for the mentally	43429
retarded under Title XIX of the "Social Security Act," 79 Stat.	43430
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	43431
licensure of the portion of the home that is certified as an	43432
intermediate care facility for the mentally retarded.	43433

(C) Subject to section 5123.196 of the Revised Code, the	43434
director of mental retardation and developmental disabilities	43435
shall license the operation of residential facilities. An initial	43436
license shall be issued for a period that does not exceed one	43437
year, unless the director denies the license under division (D) of	43438
this section. A license shall be renewed for a period that does	43439
not exceed three years, unless the director refuses to renew the	43440
license under division (D) of this section. The director, when	43441
issuing or renewing a license, shall specify the period for which	43442
the license is being issued or renewed. A license remains valid	43443
for the length of the licensing period specified by the director,	43444
unless the license is terminated, revoked, or voluntarily	43445
surrendered.	43446

(D) If it is determined that an applicant or licensee is not	43447
in compliance with a provision of this chapter that applies to	43448
residential facilities or the rules adopted under such a	43449
provision, the director may deny issuance of a license, refuse to	43450
renew a license, terminate a license, revoke a license, issue an	43451
order for the suspension of admissions to a facility, issue an	43452
order for the placement of a monitor at a facility, issue an order	43453
for the immediate removal of residents, or take any other action	43454
the director considers necessary consistent with the director's	43455
authority under this chapter regarding residential facilities. In	43456
the director's selection and administration of the sanction to be	43457
imposed, all of the following apply:	43458

(1) The director may deny, refuse to renew, or revoke a	43459
license, if the director determines that the applicant or licensee	43460
has demonstrated a pattern of serious noncompliance or that a	43461
violation creates a substantial risk to the health and safety of	43462
residents of a residential facility.	43463

(2) The director may terminate a license if more than twelve	43464
consecutive months have elapsed since the residential facility was	43465
last occupied by a resident or a notice required by division	43466
~~(J)~~(K) of this section is not given.	43467

(3) The director may issue an order for the suspension of	43468
admissions to a facility for any violation that may result in	43469
sanctions under division (D)(1) of this section and for any other	43470
violation specified in rules adopted under division ~~(G)~~(H)(2) of	43471
this section. If the suspension of admissions is imposed for a	43472
violation that may result in sanctions under division (D)(1) of	43473
this section, the director may impose the suspension before	43474
providing an opportunity for an adjudication under Chapter 119. of	43475
the Revised Code. The director shall lift an order for the	43476
suspension of admissions when the director determines that the	43477
violation that formed the basis for the order has been corrected.	43478

(4) The director may order the placement of a monitor at a	43479
residential facility for any violation specified in rules adopted	43480
under division ~~(G)~~(H)(2) of this section. The director shall lift	43481
the order when the director determines that the violation that	43482
formed the basis for the order has been corrected.	43483

(5) If the director determines that two or more residential	43484
facilities owned or operated by the same person or government	43485
entity are not being operated in compliance with a provision of	43486
this chapter that applies to residential facilities or the rules	43487
adopted under such a provision, and the director's findings are	43488
based on the same or a substantially similar action, practice,	43489
circumstance, or incident that creates a substantial risk to the	43490
health and safety of the residents, the director shall conduct a	43491
survey as soon as practicable at each residential facility owned	43492
or operated by that person or government entity. The director may	43493
take any action authorized by this section with respect to any	43494
facility found to be operating in violation of a provision of this	43495
chapter that applies to residential facilities or the rules	43496
adopted under such a provision.	43497

(6) When the director initiates license revocation	43498
proceedings, no opportunity for submitting a plan of correction	43499
shall be given. The director shall notify the licensee by letter	43500
of the initiation of the proceedings. The letter shall list the	43501
deficiencies of the residential facility and inform the licensee	43502
that no plan of correction will be accepted. The director shall	43503
also ~~notify each affected resident, the resident's guardian if the~~	43504
~~resident is an adult for whom a guardian has been appointed, the~~	43505
~~resident's parent or guardian if the resident is a minor, and the~~	43506
~~county board of mental retardation and developmental disabilities~~	43507
send a copy of the letter to the county board of mental	43508
retardation and developmental disabilities. The county board shall	43509
send a copy of the letter to each of the following:	43510

(a) Each resident who receives services from the licensee;

43511

(b) The guardian of each resident who receives services from	43512
the licensee if the resident has a guardian;	43513

(c) The parent or guardian of each resident who receives	43514
services from the licensee if the resident is a minor.	43515

(7) Pursuant to rules which shall be adopted in accordance	43516
with Chapter 119. of the Revised Code, the director may order the	43517
immediate removal of residents from a residential facility	43518
whenever conditions at the facility present an immediate danger of	43519
physical or psychological harm to the residents.	43520

(8) In determining whether a residential facility is being	43521
operated in compliance with a provision of this chapter that	43522
applies to residential facilities or the rules adopted under such	43523
a provision, or whether conditions at a residential facility	43524
present an immediate danger of physical or psychological harm to	43525
the residents, the director may rely on information obtained by a	43526
county board of mental retardation and developmental disabilities	43527
or other governmental agencies.	43528

(9) In proceedings initiated to deny, refuse to renew, or	43529
revoke licenses, the director may deny, refuse to renew, or revoke	43530
a license regardless of whether some or all of the deficiencies	43531
that prompted the proceedings have been corrected at the time of	43532
the hearing.	43533

(E) The director shall establish a program under which public	43534
notification may be made when the director has initiated license	43535
revocation proceedings or has issued an order for the suspension	43536
of admissions, placement of a monitor, or removal of residents.	43537
The director shall adopt rules in accordance with Chapter 119. of	43538
the Revised Code to implement this division. The rules shall	43539
establish the procedures by which the public notification will be	43540
made and specify the circumstances for which the notification must	43541
be made. The rules shall require that public notification be made	43542
if the director has taken action against the facility in the	43543
eighteen-month period immediately preceding the director's latest	43544
action against the facility and the latest action is being taken	43545
for the same or a substantially similar violation of a provision	43546
of this chapter that applies to residential facilities or the	43547
rules adopted under such a provision. The rules shall specify a	43548
method for removing or amending the public notification if the	43549
director's action is found to have been unjustified or the	43550
violation at the residential facility has been corrected.	43551

(F)(1) Except as provided in division (F)(2) of this section,	43552
appeals from proceedings initiated to impose a sanction under	43553
division (D) of this section shall be conducted in accordance with	43554
Chapter 119. of the Revised Code.	43555

(2) Appeals from proceedings initiated to order the	43556
suspension of admissions to a facility shall be conducted in	43557
accordance with Chapter 119. of the Revised Code, unless the order	43558
was issued before providing an opportunity for an adjudication, in	43559
which case all of the following apply:	43560

(a) The licensee may request a hearing not later than ten	43561
days after receiving the notice specified in section 119.07 of the	43562
Revised Code.	43563

(b) If a timely request for a hearing that includes the	43564
licensee's current address is made, the hearing shall commence not	43565
later than thirty days after the department receives the request.	43566

(c) After commencing, the hearing shall continue	43567
uninterrupted, except for Saturdays, Sundays, and legal holidays,	43568
unless other interruptions are agreed to by the licensee and the	43569
director.	43570

(d) If the hearing is conducted by a hearing examiner, the	43571
hearing examiner shall file a report and recommendations not later	43572
than ten days after the last of the following:	43573

(i) The close of the hearing;

43574

(ii) If a transcript of the proceedings is ordered, the	43575
hearing examiner receives the transcript;	43576

(iii) If post-hearing briefs are timely filed, the hearing	43577
examiner receives the briefs.	43578

(e) A copy of the written report and recommendation of the	43579
hearing examiner shall be sent, by certified mail, to the licensee	43580
and the licensee's attorney, if applicable, not later than five	43581
days after the report is filed.	43582

(f) Not later than five days after the hearing examiner files	43583
the report and recommendations, the licensee may file objections	43584
to the report and recommendations.	43585

~~(f)~~(g) Not later than fifteen days after the hearing examiner	43586
files the report and recommendations, the director shall issue an	43587
order approving, modifying, or disapproving the report and	43588
recommendations.	43589

~~(g)~~(h) Notwithstanding the pendency of the hearing, the	43590
director shall lift the order for the suspension of admissions	43591
when the director determines that the violation that formed the	43592
basis for the order has been corrected.	43593

(G) Neither a person or government agency whose application	43594
for a license to operate a residential facility is denied nor a	43595
related party of the person or government agency may apply for a	43596
license to operate a residential facility before the date that is	43597
one year after the date of the denial. Neither a licensee whose	43598
residential facility license is revoked nor a related party of the	43599
licensee may apply for a residential facility license before the	43600
date that is five years after the date of the revocation.	43601

(H) In accordance with Chapter 119. of the Revised Code, the	43602
director shall adopt and may amend and rescind rules for licensing	43603
and regulating the operation of residential facilities, including	43604
intermediate care facilities for the mentally retarded. The rules	43605
for intermediate care facilities for the mentally retarded may	43606
differ from those for other residential facilities. The rules	43607
shall establish and specify the following:	43608

(1) Procedures and criteria for issuing and renewing	43609
licenses, including procedures and criteria for determining the	43610
length of the licensing period that the director must specify for	43611
each license when it is issued or renewed;	43612

(2) Procedures and criteria for denying, refusing to renew,	43613
terminating, and revoking licenses and for ordering the suspension	43614
of admissions to a facility, placement of a monitor at a facility,	43615
and the immediate removal of residents from a facility;	43616

(3) Fees for issuing and renewing licenses, which shall be	43617
deposited into the program fee fund created under section 5123.033	43618
of the Revised Code;	43619

(4) Procedures for surveying residential facilities;

43620

(5) Requirements for the training of residential facility	43621
personnel;	43622

(6) Classifications for the various types of residential	43623
facilities;	43624

(7) Certification procedures for licensees and management	43625
contractors that the director determines are necessary to ensure	43626
that they have the skills and qualifications to properly operate	43627
or manage residential facilities;	43628

(8) The maximum number of persons who may be served in a	43629
particular type of residential facility;	43630

(9) Uniform procedures for admission of persons to and	43631
transfers and discharges of persons from residential facilities;	43632

(10) Other standards for the operation of residential	43633
facilities and the services provided at residential facilities;	43634

(11) Procedures for waiving any provision of any rule adopted	43635
under this section.	43636

~~(H)~~(I) Before issuing a license, the director of the	43637
department or the director's designee shall conduct a survey of	43638
the residential facility for which application is made. The	43639
director or the director's designee shall conduct a survey of each	43640
licensed residential facility at least once during the period the	43641
license is valid and may conduct additional inspections as needed.	43642
A survey includes but is not limited to an on-site examination and	43643
evaluation of the residential facility, its personnel, and the	43644
services provided there.	43645

In conducting surveys, the director or the director's	43646
designee shall be given access to the residential facility; all	43647
records, accounts, and any other documents related to the	43648
operation of the facility; the licensee; the residents of the	43649
facility; and all persons acting on behalf of, under the control	43650
of, or in connection with the licensee. The licensee and all	43651
persons on behalf of, under the control of, or in connection with	43652
the licensee shall cooperate with the director or the director's	43653
designee in conducting the survey.	43654

Following each survey, unless the director initiates a	43655
license revocation proceeding, the director or the director's	43656
designee shall provide the licensee with a report listing any	43657
deficiencies, specifying a timetable within which the licensee	43658
shall submit a plan of correction describing how the deficiencies	43659
will be corrected, and, when appropriate, specifying a timetable	43660
within which the licensee must correct the deficiencies. After a	43661
plan of correction is submitted, the director or the director's	43662
designee shall approve or disapprove the plan. A copy of the	43663
report and any approved plan of correction shall be provided to	43664
any person who requests it.	43665

The director shall initiate disciplinary action against any	43666
department employee who notifies or causes the notification to any	43667
unauthorized person of an unannounced survey of a residential	43668
facility by an authorized representative of the department.	43669

~~(I)~~(J) In addition to any other information which may be	43670
required of applicants for a license pursuant to this section, the	43671
director shall require each applicant to provide a copy of an	43672
approved plan for a proposed residential facility pursuant to	43673
section 5123.042 of the Revised Code. This division does not apply	43674
to renewal of a license.	43675

~~(J)~~(K) A licensee shall notify the owner of the building in	43676
which the licensee's residential facility is located of any	43677
significant change in the identity of the licensee or management	43678
contractor before the effective date of the change if the licensee	43679
is not the owner of the building.	43680

Pursuant to rules which shall be adopted in accordance with	43681
Chapter 119. of the Revised Code, the director may require	43682
notification to the department of any significant change in the	43683
ownership of a residential facility or in the identity of the	43684
licensee or management contractor. If the director determines that	43685
a significant change of ownership is proposed, the director shall	43686
consider the proposed change to be an application for development	43687
by a new operator pursuant to section 5123.042 of the Revised Code	43688
and shall advise the applicant within sixty days of the	43689
notification that the current license shall continue in effect or	43690
a new license will be required pursuant to this section. If the	43691
director requires a new license, the director shall permit the	43692
facility to continue to operate under the current license until	43693
the new license is issued, unless the current license is revoked,	43694
refused to be renewed, or terminated in accordance with Chapter	43695
119. of the Revised Code.	43696

~~(K)~~(L) A county board of mental retardation and developmental	43697
disabilities, the legal rights service, and any interested person	43698
may file complaints alleging violations of statute or department	43699
rule relating to residential facilities with the department. All	43700
complaints shall be in writing and shall state the facts	43701
constituting the basis of the allegation. The department shall not	43702
reveal the source of any complaint unless the complainant agrees	43703
in writing to waive the right to confidentiality or until so	43704
ordered by a court of competent jurisdiction.	43705

The department shall adopt rules in accordance with Chapter	43706
119. of the Revised Code establishing procedures for the receipt,	43707
referral, investigation, and disposition of complaints filed with	43708
the department under this division.	43709

~~(L)~~(M) The department shall establish procedures for the	43710
notification of interested parties of the transfer or interim care	43711
of residents from residential facilities that are closing or are	43712
losing their license.	43713

~~(M)~~(N) Before issuing a license under this section to a	43714
residential facility that will accommodate at any time more than	43715
one mentally retarded or developmentally disabled individual, the	43716
director shall, by first class mail, notify the following:	43717

(1) If the facility will be located in a municipal	43718
corporation, the clerk of the legislative authority of the	43719
municipal corporation;	43720

(2) If the facility will be located in unincorporated	43721
territory, the clerk of the appropriate board of county	43722
commissioners and the fiscal officer of the appropriate board of	43723
township trustees.	43724

The director shall not issue the license for ten days after	43725
mailing the notice, excluding Saturdays, Sundays, and legal	43726
holidays, in order to give the notified local officials time in	43727
which to comment on the proposed issuance.	43728

Any legislative authority of a municipal corporation, board	43729
of county commissioners, or board of township trustees that	43730
receives notice under this division of the proposed issuance of a	43731
license for a residential facility may comment on it in writing to	43732
the director within ten days after the director mailed the notice,	43733
excluding Saturdays, Sundays, and legal holidays. If the director	43734
receives written comments from any notified officials within the	43735
specified time, the director shall make written findings	43736
concerning the comments and the director's decision on the	43737
issuance of the license. If the director does not receive written	43738
comments from any notified local officials within the specified	43739
time, the director shall continue the process for issuance of the	43740
license.	43741

~~(N)~~(O) Any person may operate a licensed residential facility	43742
that provides room and board, personal care, habilitation	43743
services, and supervision in a family setting for at least six but	43744
not more than eight persons with mental retardation or a	43745
developmental disability as a permitted use in any residential	43746
district or zone, including any single-family residential district	43747
or zone, of any political subdivision. These residential	43748
facilities may be required to comply with area, height, yard, and	43749
architectural compatibility requirements that are uniformly	43750
imposed upon all single-family residences within the district or	43751
zone.	43752

~~(O)~~(P) Any person may operate a licensed residential facility	43753
that provides room and board, personal care, habilitation	43754
services, and supervision in a family setting for at least nine	43755
but not more than sixteen persons with mental retardation or a	43756
developmental disability as a permitted use in any multiple-family	43757
residential district or zone of any political subdivision, except	43758
that a political subdivision that has enacted a zoning ordinance	43759
or resolution establishing planned unit development districts may	43760
exclude these residential facilities from those districts, and a	43761
political subdivision that has enacted a zoning ordinance or	43762
resolution may regulate these residential facilities in	43763
multiple-family residential districts or zones as a conditionally	43764
permitted use or special exception, in either case, under	43765
reasonable and specific standards and conditions set out in the	43766
zoning ordinance or resolution to:	43767

(1) Require the architectural design and site layout of the	43768
residential facility and the location, nature, and height of any	43769
walls, screens, and fences to be compatible with adjoining land	43770
uses and the residential character of the neighborhood;	43771

(2) Require compliance with yard, parking, and sign	43772
regulation;	43773

(3) Limit excessive concentration of these residential	43774
facilities.	43775

~~(P)~~(Q) This section does not prohibit a political subdivision	43776
from applying to residential facilities nondiscriminatory	43777
regulations requiring compliance with health, fire, and safety	43778
regulations and building standards and regulations.	43779

~~(Q)~~(R) Divisions ~~(N)~~(O) and ~~(O)~~(P) of this section are not	43780
applicable to municipal corporations that had in effect on June	43781
15, 1977, an ordinance specifically permitting in residential	43782
zones licensed residential facilities by means of permitted uses,	43783
conditional uses, or special exception, so long as such ordinance	43784
remains in effect without any substantive modification.	43785

~~(R)~~(S)(1) The director may issue an interim license to	43786
operate a residential facility to an applicant for a license under	43787
this section if either of the following is the case:	43788

(a) The director determines that an emergency exists	43789
requiring immediate placement of persons in a residential	43790
facility, that insufficient licensed beds are available, and that	43791
the residential facility is likely to receive a permanent license	43792
under this section within thirty days after issuance of the	43793
interim license.	43794

(b) The director determines that the issuance of an interim	43795
license is necessary to meet a temporary need for a residential	43796
facility.	43797

(2) To be eligible to receive an interim license, an	43798
applicant must meet the same criteria that must be met to receive	43799
a permanent license under this section, except for any differing	43800
procedures and time frames that may apply to issuance of a	43801
permanent license.	43802

(3) An interim license shall be valid for thirty days and may	43803
be renewed by the director for a period not to exceed one hundred	43804
fifty days.	43805

(4) The director shall adopt rules in accordance with Chapter	43806
119. of the Revised Code as the director considers necessary to	43807
administer the issuance of interim licenses.	43808

~~(S)~~(T) Notwithstanding rules adopted pursuant to this section	43809
establishing the maximum number of persons who may be served in a	43810
particular type of residential facility, a residential facility	43811
shall be permitted to serve the same number of persons being	43812
served by the facility on the effective date of the rules or the	43813
number of persons for which the facility is authorized pursuant to	43814
a current application for a certificate of need with a letter of	43815
support from the department of mental retardation and	43816
developmental disabilities and which is in the review process	43817
prior to April 4, 1986.	43818

~~(T)~~(U) The director or the director's designee may enter at	43819
any time, for purposes of investigation, any home, facility, or	43820
other structure that has been reported to the director or that the	43821
director has reasonable cause to believe is being operated as a	43822
residential facility without a license issued under this section.	43823

The director may petition the court of common pleas of the	43824
county in which an unlicensed residential facility is located for	43825
an order enjoining the person or governmental agency operating the	43826
facility from continuing to operate without a license. The court	43827
may grant the injunction on a showing that the person or	43828
governmental agency named in the petition is operating a	43829
residential facility without a license. The court may grant the	43830
injunction, regardless of whether the residential facility meets	43831
the requirements for receiving a license under this section.	43832

Sec. 5123.196. (A) Except as provided in division (F) of this	43833
section, the director of mental retardation and developmental	43834
disabilities shall not issue a license under section 5123.19 of	43835
the Revised Code on or after July 1, 2003, if issuance will result	43836
in there being more beds in all residential facilities licensed	43837
under that section than is permitted under division (B) of this	43838
section.	43839

(B) Except as provided in division (D) of this section, the	43840
maximum number of beds for the purpose of division (A) of this	43841
section shall not exceed ten thousand eight hundred thirty-eight	43842
minus, except as provided in division (C) of this section, both of	43843
the following:	43844

(1) The number of such beds that cease to be residential	43845
facility beds on or after July 1, 2003, because a residential	43846
facility license is revoked, terminated, or not renewed for any	43847
reason or is surrendered in accordance with section 5123.19 of the	43848
Revised Code and after the issuance of an adjudication order	43849
pursuant to Chapter 119. of the Revised Code;	43850

(2) The number of such beds for which a licensee voluntarily	43851
converts to use for supported living on or after July 1, 2003.	43852

(C) The director is not required to reduce the maximum number	43853
of beds pursuant to division (B) of this section by a bed that	43854
ceases to be a residential facility bed if the director determines	43855
that the bed is needed to provide services to an individual with	43856
mental retardation or a developmental disability who resided in	43857
the residential facility in which the bed was located unless the	43858
reason the bed ceases to be a residential facility bed is because	43859
it is converted to providing home and community-based services	43860
under the ICF/MR conversion pilot program that is authorized by a	43861
waiver sought under division (B)(1) of section 5111.88 of the	43862
Revised Code.	43863

(D) The director shall increase the number of beds determined	43864
under division (B) of this section if necessary to enable the	43865
operator of a residential facility to do either of the following:	43866

(1) Obtain a residential facility license as required by	43867
section 5111.8814 of the Revised Code;	43868

(2) Reconvert beds to providing ICF/MR services under section	43869
5111.8811 of the Revised Code.	43870

(E) The director shall maintain an up-to-date written record	43871
of the maximum number of residential facility beds provided for by	43872
division (B) of this section.	43873

(F) The director may issue an interim license under division	43874
~~(R)~~(S) of section 5123.19 of the Revised Code and issue, pursuant	43875
to rules adopted under division ~~(G)~~(H)(11) of that section, a	43876
waiver allowing a residential facility to admit more residents	43877
than the facility is licensed to admit regardless of whether the	43878
interim license or waiver will result in there being more beds in	43879
all residential facilities licensed under that section than is	43880
permitted under division (B) of this section.	43881

Sec. 5123.198. (A) As used in this section, "date of the	43882
commitment" means the date that an individual specified in	43883
division (B) of this section begins to reside in a state-operated	43884
intermediate care facility for the mentally retarded after being	43885
committed to the facility pursuant to sections 5123.71 to 5123.76	43886
of the Revised Code.	43887

(B) Except as provided in division (C) of this section,	43888
whenever a resident of a residential facility is committed to a	43889
state-operated intermediate care facility for the mentally	43890
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	43891
Code, the department of mental retardation and developmental	43892
disabilities, pursuant to an adjudication order issued in	43893
accordance with Chapter 119. of the Revised Code, shall reduce by	43894
one the number of residents for which the facility in which the	43895
resident resided is licensed.	43896

(C) The department shall not reduce under division (B) of	43897
this section the number of residents for which a residential	43898
facility is licensed if any of the following are the case:	43899

(1) The resident of the residential facility who is committed	43900
to a state-operated intermediate care facility for the mentally	43901
retarded resided in the residential facility because of the	43902
closure, on or after ~~the effective date of this section~~June 26,	43903
2003, of another state-operated intermediate care facility for the	43904
mentally retarded;	43905

(2) The residential facility admits within ninety days of the	43906
date of the commitment an individual who resides on the date of	43907
the commitment in a state-operated intermediate care facility for	43908
the mentally retarded or another residential facility;	43909

(3) The department fails to do either of the following within	43910
ninety days of the date of the commitment:	43911

(a) Identify an individual to whom all of the following	43912
applies:	43913

(i) Resides on the date of the commitment in a state-operated	43914
intermediate care facility for the mentally retarded or another	43915
residential facility;	43916

(ii) Has indicated to the department an interest in	43917
relocating to the residential facility or has a parent or guardian	43918
who has indicated to the department an interest for the individual	43919
to relocate to the residential facility;	43920

(iii) The department determines the individual has needs that	43921
the residential facility can meet.	43922

(b) Provide the residential facility with information about	43923
the individual identified under division (C)(2)(a) of this section	43924
that the residential facility needs in order to determine whether	43925
the facility can meet the individual's needs.	43926

(4) If the department completes the actions specified in	43927
divisions (C)(3)(a) and (b) of this section not later than ninety	43928
days after the date of the commitment and except as provided in	43929
division (D) of this section, the residential facility does all of	43930
the following not later than ninety days after the date of the	43931
commitment:	43932

(a) Evaluates the information provided by the department;

43933

(b) Assesses the identified individual's needs;

43934

(c) Determines that the residential facility cannot meet the	43935
identified individual's needs.	43936

(5) If the department completes the actions specified in	43937
divisions (C)(3)(a) and (b) of this section not later than ninety	43938
days after the date of the commitment and the residential facility	43939
determines that the residential facility can meet the identified	43940
individual's needs, the individual, or a parent or guardian of the	43941
individual, refuses placement in the residential facility.	43942

(D) The department may reduce under division (B) of this	43943
section the number of residents for which a residential facility	43944
is licensed even though the residential facility completes the	43945
actions specified in division (C)(4) of this section not later	43946
than ninety days after the date of the commitment if all of the	43947
following are the case:	43948

(1) The department disagrees with the residential facility's	43949
determination that the residential facility cannot meet the	43950
identified individual's needs.	43951

(2) The department issues a written decision pursuant to the	43952
uniform procedures for admissions, transfers, and discharges	43953
established by rules adopted under division ~~(G)~~(H)(9) of section	43954
5123.19 of the Revised Code that the residential facility should	43955
admit the identified individual.	43956

(3) After the department issues the written decision	43957
specified in division (D)(2) of this section, the residential	43958
facility refuses to admit the identified individual.	43959

(E) A residential facility that admits, refuses to admit,	43960
transfers, or discharges a resident under this section shall	43961
comply with the uniform procedures for admissions, transfers, and	43962
discharges established by rules adopted under division ~~(G)~~(H)(9)	43963
of section 5123.19 of the Revised Code.	43964

(F) The department of mental retardation and developmental	43965
disabilities may notify the department of job and family services	43966
of any reduction under this section in the number of residents for	43967
which a residential facility that is an intermediate care facility	43968
for the mentally retarded is licensed. On receiving the notice,	43969
the department of job and family services may transfer to the	43970
department of mental retardation and developmental disabilities	43971
the savings in the nonfederal share of medicaid expenditures for	43972
each fiscal year after the year of the commitment to be used for	43973
costs of the resident's care in the state-operated intermediate	43974
care facility for the mentally retarded. In determining the amount	43975
saved, the department of job and family services shall consider	43976
medicaid payments for the remaining residents of the facility in	43977
which the resident resided.	43978

Sec. 5123.20. ~~As used in this section, "supported living"~~	43979
~~has the same meaning as in section 5126.01 of the Revised Code.~~	43980

No person or government agency shall operate a residential	43981
facility or receive a mentally retarded or developmentally	43982
disabled person as a resident of a residential facility unless the	43983
facility is licensed under section 5123.19 of the Revised Code,	43984
and no person or governmental agency shall operate a respite care	43985
home or receive a mentally retarded or developmentally disabled	43986
person in a respite care home unless the home is certified under	43987
section 5126.05 of the Revised Code.	43988

~~No person or government agency shall provide supported living~~	43989
~~unless that person or government agency is certified under section~~	43990
~~5126.431 of the Revised Code.~~	43991

Sec. 5123.211. (A) As used in this section, "residential	43992
services" ~~and "supported living" have~~has the same ~~meanings~~	43993
meaning as in section 5126.01 of the Revised Code.	43994

(B) The department of mental retardation and developmental	43995
disabilities shall provide or arrange provision of residential	43996
services for each person who, on or after July 1, 1989, ceases to	43997
be a resident of a state institution because of closure of the	43998
institution or a reduction in the institution's population by	43999
forty per cent or more within a period of one year. The services	44000
shall be provided in the county in which the person chooses to	44001
reside and shall consist of one of the following as determined	44002
appropriate by the department in consultation with the county	44003
board of mental retardation and developmental disabilities of the	44004
county in which the services are to be provided:	44005

(1) Residential services provided pursuant to section 5123.18	44006
of the Revised Code;	44007

(2) ~~Supported living provided pursuant to section 5123.182 of~~	44008
~~the Revised Code;~~	44009

~~(3)~~ Residential services for which reimbursement is made	44010
under the medical assistance program established under section	44011
5111.01 of the Revised Code;	44012

~~(4)~~(3) Residential services provided in a manner or setting	44013
approved by the director of mental retardation and developmental	44014
disabilities.	44015

(C) Not less than six months prior to closing a state	44016
institution or reducing a state institution's population by forty	44017
per cent or more within a period of one year, the department shall	44018
identify those counties in which individuals leaving the	44019
institution have chosen to reside and notify the county boards of	44020
mental retardation and developmental disabilities in those	44021
counties of the need to develop the services specified in division	44022
(B) of this section. The notice shall specify the number of	44023
individuals requiring services who plan to reside in the county	44024
and indicate the amount of funds the department will use to	44025
provide or arrange services for those individuals.	44026

(D) In each county in which one or more persons receive	44027
residential services pursuant to division (B) of this section, the	44028
department shall provide or arrange provision of residential	44029
services, or shall distribute moneys to the county board of mental	44030
retardation and developmental disabilities to provide or arrange	44031
provision of residential services, for an equal number of persons	44032
with mental retardation or developmental disabilities in that	44033
county who the county board has determined need residential	44034
services but are not receiving them.	44035

Sec. 5123.38. (A) Except as provided in division (B) and (C)	44036
of this section, if an individual receiving supported living or	44037
home and community-based services~~, as defined in section 5126.01~~	44038
~~of the Revised Code,~~ funded by a county board of mental	44039
retardation and developmental disabilities is committed to a	44040
state-operated intermediate care facility for the mentally	44041
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	44042
Code, the department of mental retardation and developmental	44043
disabilities shall use the funds otherwise allocated to the county	44044
board as the nonfederal share of medicaid expenditures for the	44045
individual's care in the state-operated facility.	44046

(B) Division (A) of this section does not apply if the county	44047
board, not later than ninety days after the date of the commitment	44048
of a person receiving supported services, commences funding of	44049
supported living for an individual who resides in a state-operated	44050
intermediate care facility for the mentally retarded on the date	44051
of the commitment or another eligible individual designated by the	44052
department.	44053

(C) Division (A) of this section does not apply if the county	44054
board, not later than ninety days after the date of the commitment	44055
of a person receiving home and community-based services, commences	44056
funding of home and community-based services for an individual who	44057
resides in a state-operated intermediate care facility for the	44058
mentally retarded on the date of the commitment or another	44059
eligible individual designated by the department.	44060

Sec. 5123.41. As used in this section and sections 5123.42	44061
to 5123.47 of the Revised Code:	44062

(A) "Adult services" has the same meaning as in section	44063
5126.01 of the Revised Code.	44064

(B) ~~"Certified home and community-based services provider"~~	44065
~~means a person or government entity certified under section~~	44066
~~5123.16 of the Revised Code.~~	44067

~~(C)~~ "Certified supported living provider" means a person or	44068
government entity certified under section ~~5126.431~~5123.161 of the	44069
Revised Code.	44070

~~(D)~~(C) "Drug" has the same meaning as in section 4729.01 of	44071
the Revised Code.	44072

~~(E)~~(D) "Family support services" has the same meaning as in	44073
section 5126.01 of the Revised Code.	44074

~~(F)~~(E) "Health-related activities" means the following:

44075

(1) Taking vital signs;

44076

(2) Application of clean dressings that do not require health	44077
assessment;	44078

(3) Basic measurement of bodily intake and output;

44079

(4) Oral suctioning;

44080

(5) Use of glucometers;

44081

(6) External urinary catheter care;

44082

(7) Emptying and replacing colostomy bags;

44083

(8) Collection of specimens by noninvasive means.

44084

~~(G)~~(F) "Licensed health professional authorized to prescribe	44085
drugs" has the same meaning as in section 4729.01 of the Revised	44086
Code.	44087

~~(H) "Medicaid" has the same meaning as in section 5111.01 of~~	44088
~~the Revised Code.~~	44089

~~(I)~~(G) "MR/DD personnel" means the employees and the workers	44090
under contract who provide specialized services to individuals	44091
with mental retardation and developmental disabilities. "MR/DD	44092
personnel" includes those who provide the services as follows:	44093

(1) Through direct employment with the department of mental	44094
retardation and developmental disabilities or a county board of	44095
mental retardation and developmental disabilities;	44096

(2) Through an entity under contract with the department of	44097
mental retardation and developmental disabilities or a county	44098
board of mental retardation and developmental disabilities;	44099

(3) Through direct employment or by being under contract with	44100
private entities, including private entities that operate	44101
residential facilities.	44102

~~(J)~~(H) "Nursing delegation" means the process established in	44103
rules adopted by the board of nursing pursuant to Chapter 4723. of	44104
the Revised Code under which a registered nurse or licensed	44105
practical nurse acting at the direction of a registered nurse	44106
transfers the performance of a particular nursing activity or task	44107
to another person who is not otherwise authorized to perform the	44108
activity or task.	44109

~~(K)~~(I) "Prescribed medication" means a drug that is to be	44110
administered according to the instructions of a licensed health	44111
professional authorized to prescribe drugs.	44112

~~(L)~~(J) "Residential facility" means a facility licensed under	44113
section 5123.19 of the Revised Code or subject to section 5123.192	44114
of the Revised Code.	44115

~~(M)~~(K) "Specialized services" has the same meaning as in	44116
section 5123.50 of the Revised Code.	44117

~~(N)~~(L) "Tube feeding" means the provision of nutrition to an	44118
individual through a gastrostomy tube or a jejunostomy tube.	44119

Sec. 5123.51. (A) In addition to any other action required	44120
by sections 5123.61 and 5126.31 of the Revised Code, the	44121
department of mental retardation and developmental disabilities	44122
shall review each report the department receives of abuse or	44123
neglect of an individual with mental retardation or a	44124
developmental disability or misappropriation of an individual's	44125
property that includes an allegation that an MR/DD employee	44126
committed or was responsible for the abuse, neglect, or	44127
misappropriation. The department shall review a report it receives	44128
from a public children services agency only after the agency	44129
completes its investigation pursuant to section 2151.421 of the	44130
Revised Code. On receipt of a notice under section 2930.061 or	44131
5123.541 of the Revised Code, the department shall review the	44132
notice.	44133

(B) The department shall do both of the following:

44134

(1) Investigate the allegation or adopt the findings of an	44135
investigation or review of the allegation conducted by another	44136
person or government entity and determine whether there is a	44137
reasonable basis for the allegation;	44138

(2) If the department determines that there is a reasonable	44139
basis for the allegation, conduct an adjudication pursuant to	44140
Chapter 119. of the Revised Code.	44141

(C)(1) The department shall appoint an independent hearing	44142
officer to conduct any hearing conducted pursuant to division	44143
(B)(2) of this section, except that, if the hearing is regarding	44144
an employee of the department who is represented by a union, the	44145
department and a representative of the union shall jointly select	44146
the hearing officer.	44147

(2)(a) Except as provided in division (C)(2)(b) of this	44148
section, no hearing shall be conducted under division (B)(2) of	44149
this section until any criminal proceeding or collective	44150
bargaining arbitration concerning the same allegation has	44151
concluded.	44152

(b) The department may conduct a hearing pursuant to division	44153
(B)(2) of this section before a criminal proceeding concerning the	44154
same allegation is concluded if both of the following are the	44155
case:	44156

(i) The department notifies the prosecutor responsible for	44157
the criminal proceeding that the department proposes to conduct a	44158
hearing.	44159

(ii) The prosecutor consents to the hearing.

44160

(3) In conducting a hearing pursuant to division (B)(2) of	44161
this section, the hearing officer shall do all of the following:	44162

(a) Determine whether there is clear and convincing evidence	44163
that the MR/DD employee has done any of the following:	44164

(i) Misappropriated property of one or more individuals with	44165
mental retardation or a developmental disability that has a value,	44166
either separately or taken together, of one hundred dollars or	44167
more;	44168

(ii) Misappropriated property of an individual with mental	44169
retardation or a developmental disability that is designed to be	44170
used as a check, draft, negotiable instrument, credit card, charge	44171
card, or device for initiating an electronic fund transfer at a	44172
point of sale terminal, automated teller machine, or cash	44173
dispensing machine;	44174

(iii) Knowingly abused such an individual;

44175

(iv) Recklessly abused or neglected such an individual, with	44176
resulting physical harm;	44177

(v) Negligently abused or neglected such an individual, with	44178
resulting serious physical harm;	44179

(vi) Recklessly neglected such an individual, creating a	44180
substantial risk of serious physical harm;	44181

(vii) Engaged in sexual conduct or had sexual contact with an	44182
individual with mental retardation or another developmental	44183
disability who was not the MR/DD employee's spouse and for whom	44184
the MR/DD employee was employed or under a contract to provide	44185
care;	44186

(viii) Unreasonably failed to make a report pursuant to	44187
division (C) of section 5123.61 of the Revised Code when the	44188
employee knew or should have known that the failure would result	44189
in a substantial risk of harm to an individual with mental	44190
retardation or a developmental disability.	44191

(b) Give weight to the decision in any collective bargaining	44192
arbitration regarding the same allegation;	44193

(c) Give weight to any relevant facts presented at the	44194
hearing.	44195

(D)(1) Unless the director of mental retardation and	44196
developmental disabilities determines that there are extenuating	44197
circumstances and except as provided in division (E) of this	44198
section, if the director, after considering all of the factors	44199
listed in division (C)(3) of this section, finds that there is	44200
clear and convincing evidence that an MR/DD employee has done one	44201
or more of the things described in division (C)(3)(a) of this	44202
section the director shall include the name of the employee in the	44203
registry established under section 5123.52 of the Revised Code.	44204

(2) Extenuating circumstances the director must consider	44205
include the use of physical force by an MR/DD employee that was	44206
necessary as self-defense.	44207

(3) If the director includes an MR/DD employee in the	44208
registry established under section 5123.52 of the Revised Code,	44209
the director shall notify the employee, the person or government	44210
entity that employs or contracts with the employee, the individual	44211
with mental retardation or a developmental disability who was the	44212
subject of the report and that individual's legal guardian, if	44213
any, the attorney general, and the prosecuting attorney or other	44214
law enforcement agency. If the MR/DD employee holds a license,	44215
certificate, registration, or other authorization to engage in a	44216
profession issued pursuant to Title XLVII of the Revised Code, the	44217
director shall notify the appropriate agency, board, department,	44218
or other entity responsible for regulating the employee's	44219
professional practice.	44220

(4) If an individual whose name appears on the registry is	44221
involved in a court proceeding or arbitration arising from the	44222
same facts as the allegation resulting in the individual's	44223
placement on the registry, the disposition of the proceeding or	44224
arbitration shall be noted in the registry next to the	44225
individual's name.	44226

(E) In the case of an allegation concerning an employee of	44227
the department, after the hearing conducted pursuant to division	44228
(B)(2) of this section, the director of health or that director's	44229
designee shall review the decision of the hearing officer to	44230
determine whether the standard described in division (C)(3) of	44231
this section has been met. If the director or designee determines	44232
that the standard has been met and that no extenuating	44233
circumstances exist, the director or designee shall notify the	44234
director of mental retardation and developmental disabilities that	44235
the MR/DD employee is to be included in the registry established	44236
under section 5123.52 of the Revised Code. If the director of	44237
mental retardation and developmental disabilities receives such	44238
notification, the director shall include the MR/DD employee in the	44239
registry and shall provide the notification described in division	44240
(D)(3) of this section.	44241

(F) If the department is required by Chapter 119. of the	44242
Revised Code to give notice of an opportunity for a hearing and	44243
the MR/DD employee subject to the notice does not timely request a	44244
hearing in accordance with section 119.07 or 5123.0414 of the	44245
Revised Code, the department is not required to hold a hearing.	44246

(G) Files and records of investigations conducted pursuant to	44247
this section are not public records as defined in section 149.43	44248
of the Revised Code, but, on request, the department shall provide	44249
copies of those files and records to the attorney general, a	44250
prosecuting attorney, or a law enforcement agency.	44251

Sec. 5123.60. (A) A legal rights service is hereby created	44252
and established to protect and advocate the rights of mentally ill	44253
persons, mentally retarded persons, developmentally disabled	44254
persons, and other disabled persons who may be represented by the	44255
service pursuant to division (L) of this section; to receive and	44256
act upon complaints concerning institutional and hospital	44257
practices and conditions of institutions for mentally retarded or	44258
developmentally disabled persons and hospitals for the mentally	44259
ill; and to assure that all persons detained, hospitalized,	44260
discharged, or institutionalized, and all persons whose detention,	44261
hospitalization, discharge, or institutionalization is sought or	44262
has been sought under this chapter or Chapter 5122. of the Revised	44263
Code are fully informed of their rights and adequately represented	44264
by counsel in proceedings under this chapter or Chapter 5122. of	44265
the Revised Code and in any proceedings to secure the rights of	44266
those persons. Notwithstanding the definitions of "mentally	44267
retarded person" and "developmentally disabled person" in section	44268
5123.01 of the Revised Code, the legal rights service shall	44269
determine who is a mentally retarded or developmentally disabled	44270
person for purposes of this section and sections 5123.601 to	44271
5123.604 of the Revised Code.	44272

(B)(1) In regard to those persons detained, hospitalized, or	44273
institutionalized under Chapter 5122. of the Revised Code, the	44274
legal rights service shall undertake formal representation only of	44275
those persons who are involuntarily detained, hospitalized, or	44276
institutionalized pursuant to sections 5122.10 to 5122.15 of the	44277
Revised Code, and those voluntarily detained, hospitalized, or	44278
institutionalized who are minors, who have been adjudicated	44279
incompetent, who have been detained, hospitalized, or	44280
institutionalized in a public hospital, or who have requested	44281
representation by the legal rights service. If	44282

(2) If a person referred to in division (A) of this section	44283
voluntarily requests in writing that the legal rights service	44284
terminate participation in the person's case, such involvement	44285
shall cease.	44286

(3) Persons described in divisions (A) and (B)(1) of this	44287
section who are represented by the legal rights service are	44288
clients of the legal rights service.	44289

(C) Any person voluntarily hospitalized or institutionalized	44290
in a public hospital under division (A) of section 5122.02 of the	44291
Revised Code, after being fully informed of the person's rights	44292
under division (A) of this section, may, by written request, waive	44293
assistance by the legal rights service if the waiver is knowingly	44294
and intelligently made, without duress or coercion.	44295

The waiver may be rescinded at any time by the voluntary	44296
patient or resident, or by the voluntary patient's or resident's	44297
legal guardian.	44298

(D)(1) The legal rights service commission is hereby created	44299
for the purposes of appointing an administrator of the legal	44300
rights service, advising the administrator, assisting the	44301
administrator in developing a budget, advising the administrator	44302
in establishing and annually reviewing a strategic plan, creating	44303
a procedure for filing and determination of grievances against the	44304
legal rights service, and establishing general policy guidelines,	44305
including guidelines for the commencement of litigation, for the	44306
legal rights service. The commission may adopt rules to carry	44307
these purposes into effect and may receive and act upon appeals of	44308
personnel decisions by the administrator.	44309

(2) The commission shall consist of seven members. One	44310
member, who shall serve as chairperson, shall be appointed by the	44311
chief justice of the supreme court, three members shall be	44312
appointed by the speaker of the house of representatives, and	44313
three members shall be appointed by the president of the senate.	44314
At least two members shall have experience in the field of	44315
developmental disabilities, and at least two members shall have	44316
experience in the field of mental health. No member shall be a	44317
provider or related to a provider of services to mentally	44318
retarded, developmentally disabled, or mentally ill persons.	44319

(3) Terms of office of the members of the commission shall be	44320
for three years, each term ending on the same day of the month of	44321
the year as did the term which it succeeds. Each member shall	44322
serve subsequent to the expiration of the member's term until a	44323
successor is appointed and qualifies, or until sixty days has	44324
elapsed, whichever occurs first. No member shall serve more than	44325
two consecutive terms.	44326

All vacancies in the membership of the commission shall be	44327
filled in the manner prescribed for regular appointments to the	44328
commission and shall be limited to the unexpired terms.	44329

(4) The commission shall meet at least four times each year.	44330
Members shall be reimbursed for their necessary and actual	44331
expenses incurred in the performance of their official duties.	44332

(5) The administrator of the legal rights service shall serve	44333
at the pleasure of the commission.	44334

The administrator shall be ~~a person who has had special~~	44335
~~training and experience in the type of work with which the legal~~	44336
~~rights service is charged. If the administrator is not an~~	44337
~~attorney, the administrator shall seek legal counsel when~~	44338
~~appropriate~~an attorney admitted to practice law in this state.	44339
The salary of the administrator shall be established in accordance	44340
with section 124.14 of the Revised Code.	44341

(E) The legal rights service shall be completely independent	44342
of the department of mental health and the department of mental	44343
retardation and developmental disabilities and, notwithstanding	44344
section 109.02 of the Revised Code, shall also be independent of	44345
the office of the attorney general. The administrator of the legal	44346
rights service, staff, and attorneys designated by the	44347
administrator to represent persons detained, hospitalized, or	44348
institutionalized under this chapter or Chapter 5122. of the	44349
Revised Code shall have ready access to the following:	44350

(1) During normal business hours and at other reasonable	44351
times, all records, except records of community residential	44352
facilities and records of contract agencies of county boards of	44353
mental retardation and developmental disabilities and boards of	44354
alcohol, drug addiction and mental health services, relating to	44355
expenditures of state and federal funds or to the commitment,	44356
care, treatment, and habilitation of all persons represented by	44357
the legal rights service, including those who may be represented	44358
pursuant to division (L) of this section, or persons detained,	44359
hospitalized, institutionalized, or receiving services under this	44360
chapter or Chapter 340., 5119., 5122., or 5126. of the Revised	44361
Code that are records maintained by the following entities	44362
providing services for those persons: departments; institutions;	44363
hospitals; ~~community residential facilities;~~ boards of alcohol,	44364
drug addiction, and mental health services; county boards of	44365
mental retardation and developmental disabilities; ~~contract~~	44366
~~agencies of those boards;~~ and any other entity providing services	44367
to persons who may be represented by the service pursuant to	44368
division (L) of this section;	44369

(2) Any records maintained in computerized data banks of the	44370
departments or boards or, in the case of persons who may be	44371
represented by the service pursuant to division (L) of this	44372
section, any other entity that provides services to those persons;	44373

(3) During their normal working hours, personnel of the	44374
departments, facilities, boards, agencies, institutions,	44375
hospitals, and other service-providing entities;	44376

(4) At any time, all persons detained, hospitalized, or	44377
institutionalized; persons receiving services under this chapter	44378
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	44379
persons who may be represented by the service pursuant to division	44380
(L) of this section.	44381

(5) Records of a community residential facility, a contract	44382
agency of a board of alcohol, drug addiction, and mental health	44383
services, or a contract agency of a county board of mental	44384
retardation and developmental disabilities with one of the	44385
following consents:	44386

(a) The consent of the person, including when the person is a	44387
minor or has been adjudicated incompetent;	44388

(b) The consent of the person's guardian of the person, if	44389
any, or the parent if the person is a minor;	44390

(c) No consent, if the person is unable to consent for any	44391
reason, and the guardian of the person, if any, or the parent of	44392
the minor, has refused to consent or has not responded to a	44393
request for consent and either of the following has occurred:	44394

(i) A complaint regarding the person has been received by the	44395
legal rights service;	44396

(ii) The legal rights service has determined that there is	44397
probable cause to believe that such person has been subjected to	44398
abuse or neglect.	44399

(F) The administrator of the legal rights service shall do	44400
the following:	44401

(1) Administer and organize the work of the legal rights	44402
service and establish administrative or geographic divisions as	44403
the administrator considers necessary, proper, and expedient;	44404

(2) Adopt and promulgate rules that are not in conflict with	44405
rules adopted by the commission and prescribe duties for the	44406
efficient conduct of the business and general administration of	44407
the legal rights service;	44408

(3) Appoint and discharge employees, and hire experts,	44409
consultants, advisors, or other professionally qualified persons	44410
as the administrator considers necessary to carry out the duties	44411
of the legal rights service;	44412

(4) Apply for and accept grants of funds, and accept	44413
charitable gifts and bequests;	44414

(5) Prepare and submit a budget to the general assembly for	44415
the operation of the legal rights service. At least thirty days	44416
prior to submitting the budget to the general assembly, the	44417
administrator shall provide a copy of the budget to the commission	44418
for review and comment. When submitting the budget to the general	44419
assembly, the administrator shall include a copy of any written	44420
comments returned by the commission to the administrator.	44421

(6) Enter into contracts and make expenditures necessary for	44422
the efficient operation of the legal rights service;	44423

(7) Annually prepare a report of activities and submit copies	44424
of the report to the governor, the chief justice of the supreme	44425
court, the president of the senate, the speaker of the house of	44426
representatives, the director of mental health, and the director	44427
of mental retardation and developmental disabilities, and make the	44428
report available to the public;	44429

(8) Upon request of the commission or of the chairperson of	44430
the commission, report to the commission on specific litigation	44431
issues or activities.	44432

(G)(1) The legal rights service may act directly or contract	44433
with other organizations or individuals for the provision of the	44434
services envisioned under this section.	44435

(2) Whenever possible, the administrator shall attempt to	44436
facilitate the resolution of complaints through administrative	44437
channels. Subject to division (G)(3) of this section, if attempts	44438
at administrative resolution prove unsatisfactory, the	44439
administrator may pursue any legal, administrative, and other	44440
appropriate remedies or approaches that may be necessary to	44441
accomplish the purposes of this section.	44442

(3) The administrator may not pursue a class action lawsuit	44443
under division (G)(2) of this section when attempts at	44444
administrative resolution of a complaint prove unsatisfactory	44445
under that division unless both of the following have first	44446
occurred:	44447

(a) At least four members of the commission, by their	44448
affirmative vote, have consented to the pursuit of the class	44449
action lawsuit;	44450

(b) At least five members of the commission are present at	44451
the meeting of the commission at which that consent is obtained.	44452

(4) All records received or maintained by the legal rights	44453
service in connection with any investigation, representation, or	44454
other activity under this section shall be confidential and shall	44455
not be disclosed except as authorized by the person represented by	44456
the legal rights service or, subject to any privilege, a guardian	44457
of the person or parent of the minor. Subject to division (G)(5)	44458
of this section, relationships between personnel and the agents of	44459
the legal rights service and its clients shall be fiduciary	44460
relationships, and all communications shall be ~~confidential,~~	44461
privileged as if between attorney and client.	44462

(5) Any person who has been represented by the legal rights	44463
service or who has applied for and been denied representation and	44464
who files a grievance with the service concerning the	44465
representation or application may appeal the decision of the	44466
service on the grievance to the commission. The person may appeal	44467
notwithstanding any objections of the person's legal guardian. The	44468
commission may examine any records relevant to the appeal and	44469
shall maintain the confidentiality of any records that are	44470
required to be kept confidential.	44471

(H) The legal rights service, on the order of the	44472
administrator, with the approval by an affirmative vote of at	44473
least four members of the commission, may compel by subpoena the	44474
appearance and sworn testimony of any person the administrator	44475
reasonably believes may be able to provide information or to	44476
produce any documents, books, records, papers, or other	44477
information necessary to carry out its duties. On the refusal of a	44478
witness to produce or authenticate any requested documents, or if	44479
a person disobeys a subpoena, the legal rights service may apply	44480
to the Franklin county court of common pleas for a contempt order,	44481
as in the case of disobedience of the requirements of a subpoena	44482
issued from the court, or a refusal to testify in the court.	44483

(I) The legal rights service may conduct public hearings.

44484

(J) The legal rights service may request from any	44485
governmental agency any cooperation, assistance, services, or data	44486
that will enable it to perform its duties.	44487

(K) In any malpractice action filed against the administrator	44488
of the legal rights service, a member of the staff of the legal	44489
rights service, or an attorney designated by the administrator to	44490
perform legal services under division (E) of this section, the	44491
state shall, when the administrator, member, or attorney has acted	44492
in good faith and in the scope of employment, indemnify the	44493
administrator, member, or attorney for any judgment awarded or	44494
amount negotiated in settlement, and for any court costs or legal	44495
fees incurred in defense of the claim.	44496

This division does not limit or waive, and shall not be	44497
construed to limit or waive, any defense that is available to the	44498
legal rights service, its administrator or employees, persons	44499
under a personal services contract with it, or persons designated	44500
under division (E) of this section, including, but not limited to,	44501
any defense available under section 9.86 of the Revised Code.	44502

(L) In addition to providing services to mentally ill,	44503
mentally retarded, or developmentally disabled persons, when a	44504
grant authorizing the provision of services to other individuals	44505
is accepted pursuant to division (F)(4) of this section, the legal	44506
rights service and its ombudsperson section may provide advocacy	44507
or ombudsperson services to those other individuals and exercise	44508
any other authority granted by this section or sections 5123.601	44509
to 5123.604 of the Revised Code on behalf of those individuals.	44510
Determinations of whether an individual is eligible for services	44511
under this division shall be made by the legal rights service.	44512

Sec. 5123.602. ~~The ombudsman~~(A) Except as provided in	44513
division (B) of this section, the ombudsperson section of the	44514
legal rights service may, in order to carry out its duties under	44515
this chapter, make necessary inquiries and obtain information it	44516
considers necessary. ~~For those purposes~~Upon receiving a complaint	44517
and in the course of conducting an investigation in accordance	44518
with division (B) of section 5123.601 of the Revised Code, the	44519
section shall have ready access to the premises and records of all	44520
providers of services to mentally retarded, developmentally	44521
disabled, or mentally ill persons and shall have the right to	44522
communicate in a private and confidential setting with any	44523
mentally retarded, developmentally disabled, or mentally ill	44524
persons, with their parents, guardians, or advocates, and with	44525
employees of any provider.	44526

(B) Records held by community residential facilities,	44527
contract agencies of boards of alcohol, drug addiction, and mental	44528
health services, and contract agencies of county boards of mental	44529
retardation and developmental disabilities shall only be	44530
accessible by the ombudsperson section of the legal rights service	44531
in a situation as described in division (E)(5) of section 5123.60	44532
of the Revised Code.	44533

Sec. 5123.605. There is hereby created in the state treasury	44534
the program income fund. Revenue generated from settlements,	44535
gifts, donations, and other sources of legal rights service	44536
program income shall be credited to the fund. The program income	44537
fund shall be used to support legal rights service programs for	44538
purposes from which the income was derived and for the general	44539
support of legal rights service programs.	44540

Sec. 5123.99. (A) Whoever violates section 5123.16 or	44541
5123.20 of the Revised Code is guilty of a misdemeanor of the	44542
first degree.	44543

(B) Whoever violates division (C), (E), or (G)(3) of section	44544
5123.61 of the Revised Code is guilty of a misdemeanor of the	44545
fourth degree or, if the abuse or neglect constitutes a felony, a	44546
misdemeanor of the second degree. In addition to any other	44547
sanction or penalty authorized or required by law, if a person who	44548
is convicted of or pleads guilty to a violation of division (C),	44549
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	44550
employee, as defined in section 5123.50 of the Revised Code, the	44551
offender shall be eligible to be included in the registry	44552
regarding misappropriation, abuse, neglect, or other specified	44553
misconduct by MR/DD employees established under section 5123.52 of	44554
the Revised Code.	44555

(C) Whoever violates division (A) of section 5123.604 of the	44556
Revised Code is guilty of a misdemeanor of the second degree.	44557

(D) Whoever violates division (B) of section 5123.604 of the	44558
Revised Code shall be fined not more than one thousand dollars.	44559
Each violation constitutes a separate offense.	44560

Sec. 5126.038. (A)~~(1)~~ As used in this section, "professional	44561
services" means all of the following services provided on behalf	44562
of a county board of mental retardation and developmental	44563
disabilities, members or employees of a county board, or both:	44564

~~(a)~~(1) Lobbying and other governmental affairs services;

44565

~~(b)~~(2) Legal services other than the legal services provided	44566
by a county prosecutor or provided for the purpose of collective	44567
bargaining;	44568

~~(c)~~(3) Public relation services;

44569

~~(d)~~(4) Consulting services;

44570

~~(e)~~(5) Personnel training services, not including tuition or	44571
professional growth reimbursement programs for county board	44572
members or employees.	44573

~~(2) "Professional services" does not mean services provided~~	44574
~~pursuant to a service contract as defined in section 5126.035 of~~	44575
~~the Revised Code.~~	44576

(B) Each county board of mental retardation and developmental	44577
disabilities shall submit to the board of county commissioners of	44578
each county that is served by the county board, in accordance with	44579
the normal budget process and as part of its budget request, a	44580
list identifying the total expenditures projected for any of the	44581
following:	44582

(1) Any membership dues of the members or employees of the	44583
county board, in any organization, association, or other entity;	44584

(2) Any professional services of the county board, its	44585
members or employees, or both;	44586

(3) Any training of the members or employees of the county	44587
board.	44588

Sec. 5126.042. (A) As used in this section, "emergency"	44589
means any situation that creates for an individual with mental	44590
retardation or developmental disabilities a risk of substantial	44591
self-harm or substantial harm to others if action is not taken	44592
within thirty days. An "emergency" may include one or more of the	44593
following situations:	44594

(1) Loss of present residence for any reason, including legal	44595
action;	44596

(2) Loss of present caretaker for any reason, including	44597
serious illness of the caretaker, change in the caretaker's	44598
status, or inability of the caretaker to perform effectively for	44599
the individual;	44600

(3) Abuse, neglect, or exploitation of the individual;

44601

(4) Health and safety conditions that pose a serious risk to	44602
the individual or others of immediate harm or death;	44603

(5) Change in the emotional or physical condition of the	44604
individual that necessitates substantial accommodation that cannot	44605
be reasonably provided by the individual's existing caretaker.	44606

(B) If a county board of mental retardation and developmental	44607
disabilities determines that available resources are not	44608
sufficient to meet the needs of all individuals who request	44609
programs and services and may be offered the programs and	44610
services, it shall establish waiting lists for services. The board	44611
may establish priorities for making placements on its waiting	44612
lists according to an individual's emergency status and shall	44613
establish priorities in accordance with divisions (D) and (E) of	44614
this section.	44615

The individuals who may be placed on a waiting list include	44616
individuals with a need for services on an emergency basis and	44617
individuals who have requested services for which resources are	44618
not available.	44619

Except for an individual who is to receive priority for	44620
services pursuant to division (D)(3) of this section, an	44621
individual who currently receives a service but would like to	44622
change to another service shall not be placed on a waiting list	44623
but shall be placed on a service substitution list. The board	44624
shall work with the individual, service providers, and all	44625
appropriate entities to facilitate the change in service as	44626
expeditiously as possible. The board may establish priorities for	44627
making placements on its service substitution lists according to	44628
an individual's emergency status.	44629

In addition to maintaining waiting lists and service	44630
substitution lists, a board shall maintain a long-term service	44631
planning registry for individuals who wish to record their	44632
intention to request in the future a service they are not	44633
currently receiving. The purpose of the registry is to enable the	44634
board to document requests and to plan appropriately. The board	44635
may not place an individual on the registry who meets the	44636
conditions for receipt of services on an emergency basis.	44637

(C) A county board shall establish a separate waiting list	44638
for each of the following categories of services, and may	44639
establish separate waiting lists within the waiting lists:	44640

(1) Early childhood services;

44641

(2) Educational programs for preschool and school age	44642
children;	44643

(3) Adult services;

44644

(4) Service and support administration;

44645

(5) Residential services and supported living;

44646

(6) Transportation services;

44647

(7) Other services determined necessary and appropriate for	44648
persons with mental retardation or a developmental disability	44649
according to their individual habilitation or service plans;	44650

(8) Family support services provided under section 5126.11 of	44651
the Revised Code.	44652

(D) Except as provided in division (G) of this section, a	44653
county board shall do, as priorities, all of the following in	44654
accordance with the assessment component, approved under section	44655
5123.046 of the Revised Code, of the county board's plan developed	44656
under section 5126.054 of the Revised Code:	44657

(1) For the purpose of obtaining additional federal medicaid	44658
funds for home and community-based services and medicaid case	44659
management services, do both of the following:	44660

(a) Give an individual who is eligible for home and	44661
community-based services and meets both of the following	44662
requirements priority over any other individual on a waiting list	44663
established under division (C) of this section for home and	44664
community-based services that include supported living,	44665
residential services, or family support services:	44666

(i) Is twenty-two years of age or older;

44667

(ii) Receives supported living or family support services.

44668

(b) Give an individual who is eligible for home and	44669
community-based services and meets both of the following	44670
requirements priority over any other individual on a waiting list	44671
established under division (C) of this section for home and	44672
community-based services that include adult services:	44673

(i) Resides in the individual's own home or the home of the	44674
individual's family and will continue to reside in that home after	44675
enrollment in home and community-based services;	44676

(ii) Receives adult services from the county board.

44677

(2) As federal medicaid funds become available pursuant to	44678
division (D)(1) of this section, give an individual who is	44679
eligible for home and community-based services and meets any of	44680
the following requirements priority for such services over any	44681
other individual on a waiting list established under division (C)	44682
of this section:	44683

(a) Does not receive residential services or supported	44684
living, either needs services in the individual's current living	44685
arrangement or will need services in a new living arrangement, and	44686
has a primary caregiver who is sixty years of age or older;	44687

(b) Is less than twenty-two years of age and has at least one	44688
of the following service needs that are unusual in scope or	44689
intensity:	44690

(i) Severe behavior problems for which a behavior support	44691
plan is needed;	44692

(ii) An emotional disorder for which anti-psychotic	44693
medication is needed;	44694

(iii) A medical condition that leaves the individual	44695
dependent on life-support medical technology;	44696

(iv) A condition affecting multiple body systems for which a	44697
combination of specialized medical, psychological, educational, or	44698
habilitation services are needed;	44699

(v) A condition the county board determines to be comparable	44700
in severity to any condition described in ~~division~~divisions	44701
(D)(2)(b)(i) to (iv) of this section and places the individual at	44702
significant risk of institutionalization.	44703

(c) Is twenty-two years of age or older, does not receive	44704
residential services or supported living, and is determined by the	44705
county board to have intensive needs for home and community-based	44706
services on an in-home or out-of-home basis.	44707

(3) In fiscal years 2002 and 2003, give an individual who is	44708
eligible for home and community-based services, resides in an	44709
intermediate care facility for the mentally retarded or nursing	44710
facility, chooses to move to another setting with the help of home	44711
and community-based services, and has been determined by the	44712
department of mental retardation and developmental disabilities to	44713
be capable of residing in the other setting, priority over any	44714
other individual on a waiting list established under division (C)	44715
of this section for home and community-based services who does not	44716
meet these criteria. The department of mental retardation and	44717
developmental disabilities shall identify the individuals to	44718
receive priority under division (D)(3) of this section, assess the	44719
needs of the individuals, and notify the county boards that are to	44720
provide the individuals priority under division (D)(3) of this	44721
section of the individuals identified by the department and the	44722
individuals' assessed needs.	44723

(E) Except as provided in division (G) of this section and	44724
for a number of years and beginning on a date specified in rules	44725
adopted under division (K) of this section, a county board shall	44726
give an individual who is eligible for home and community-based	44727
services, resides in a nursing facility, and chooses to move to	44728
another setting with the help of home and community-based	44729
services, priority over any other individual on a waiting list	44730
established under division (C) of this section for home and	44731
community-based services who does not meet these criteria.	44732

(F) If two or more individuals on a waiting list established	44733
under division (C) of this section for home and community-based	44734
services have priority for the services pursuant to division	44735
(D)(1) or (2) or (E) of this section, a county board may use,	44736
until December 31, ~~2007~~2009, criteria specified in rules adopted	44737
under division (K)(2) of this section in determining the order in	44738
which the individuals with priority will be offered the services.	44739
Otherwise, the county board shall offer the home and	44740
community-based services to such individuals in the order they are	44741
placed on the waiting list.	44742

(G)(1) No individual may receive priority for services	44743
pursuant to division (D) or (E) of this section over an individual	44744
placed on a waiting list established under division (C) of this	44745
section on an emergency status.	44746

(2) No more than four hundred individuals in the state may	44747
receive priority for services during the ~~2006~~2008 and ~~2007~~2009	44748
biennium pursuant to division (D)(2)(b) of this section.	44749

(3) No more than a total of seventy-five individuals in the	44750
state may receive priority for services during state fiscal years	44751
2002 and 2003 pursuant to division (D)(3) of this section.	44752

(4) No more than forty individuals in the state may receive	44753
priority for services pursuant to division (E) of this section for	44754
each year that priority category is in effect as specified in	44755
rules adopted under division (K) of this section.	44756

(H) Prior to establishing any waiting list under this	44757
section, a county board shall develop and implement a policy for	44758
waiting lists that complies with this section and rules adopted	44759
under division (K) of this section.	44760

Prior to placing an individual on a waiting list, the county	44761
board shall assess the service needs of the individual in	44762
accordance with all applicable state and federal laws. The county	44763
board shall place the individual on the appropriate waiting list	44764
and may place the individual on more than one waiting list. The	44765
county board shall notify the individual of the individual's	44766
placement and position on each waiting list on which the	44767
individual is placed.	44768

At least annually, the county board shall reassess the	44769
service needs of each individual on a waiting list. If it	44770
determines that an individual no longer needs a program or	44771
service, the county board shall remove the individual from the	44772
waiting list. If it determines that an individual needs a program	44773
or service other than the one for which the individual is on the	44774
waiting list, the county board shall provide the program or	44775
service to the individual or place the individual on a waiting	44776
list for the program or service in accordance with the board's	44777
policy for waiting lists.	44778

When a program or service for which there is a waiting list	44779
becomes available, the county board shall reassess the service	44780
needs of the individual next scheduled on the waiting list to	44781
receive that program or service. If the reassessment demonstrates	44782
that the individual continues to need the program or service, the	44783
board shall offer the program or service to the individual. If it	44784
determines that an individual no longer needs a program or	44785
service, the county board shall remove the individual from the	44786
waiting list. If it determines that an individual needs a program	44787
or service other than the one for which the individual is on the	44788
waiting list, the county board shall provide the program or	44789
service to the individual or place the individual on a waiting	44790
list for the program or service in accordance with the board's	44791
policy for waiting lists. The county board shall notify the	44792
individual of the individual's placement and position on the	44793
waiting list on which the individual is placed.	44794

(I) A child subject to a determination made pursuant to	44795
section 121.38 of the Revised Code who requires the home and	44796
community-based services provided through a medicaid component	44797
that the department of mental retardation and developmental	44798
disabilities administers under section 5111.871 of the Revised	44799
Code shall receive services through that medicaid component. For	44800
all other services, a child subject to a determination made	44801
pursuant to section 121.38 of the Revised Code shall be treated as	44802
an emergency by the county boards and shall not be subject to a	44803
waiting list.	44804

(J) Not later than the fifteenth day of March of each	44805
even-numbered year, each county board shall prepare and submit to	44806
the director of mental retardation and developmental disabilities	44807
its recommendations for the funding of services for individuals	44808
with mental retardation and developmental disabilities and its	44809
proposals for reducing the waiting lists for services.	44810

(K)(1) The department of mental retardation and developmental	44811
disabilities shall adopt rules in accordance with Chapter 119. of	44812
the Revised Code governing waiting lists established under this	44813
section. The rules shall include procedures to be followed to	44814
ensure that the due process rights of individuals placed on	44815
waiting lists are not violated.	44816

(2) As part of the rules adopted under this division, the	44817
department shall adopt rules establishing criteria a county board	44818
may use under division (F) of this section in determining the	44819
order in which individuals with priority for home and	44820
community-based services will be offered the services. The rules	44821
shall also specify conditions under which a county board, when	44822
there is no individual with priority for home and community-based	44823
services pursuant to division (D)(1) or (2) or (E) of this section	44824
available and appropriate for the services, may offer the services	44825
to an individual on a waiting list for the services but not given	44826
such priority for the services. The rules adopted under division	44827
(K)(2) of this section shall cease to have effect December 31,	44828
~~2007~~2009.	44829

(3) As part of the rules adopted under this division, the	44830
department shall adopt rules specifying both of the following for	44831
the priority category established under division (E) of this	44832
section:	44833

(a) The number of years, which shall not exceed five, that	44834
the priority category will be in effect;	44835

(b) The date that the priority category is to go into effect.

44836

(L) The following shall take precedence over the applicable	44837
provisions of this section:	44838

(1) Medicaid rules and regulations;

44839

(2) Any specific requirements that may be contained within a	44840
medicaid state plan amendment or waiver program that a county	44841
board has authority to administer or with respect to which it has	44842
authority to provide services, programs, or supports.	44843

Sec. 5126.046. (A) Each county board of mental retardation	44844
and developmental disabilities that has medicaid local	44845
administrative authority under division (A) of section 5126.055 of	44846
the Revised Code for habilitation, vocational, or community	44847
employment services provided as part of home and community-based	44848
services shall create a list of all persons and government	44849
entities eligible to provide such habilitation, vocational, or	44850
community employment services. If the county board chooses and is	44851
eligible to provide such habilitation, vocational, or community	44852
employment services, the county board shall include itself on the	44853
list. The county board shall make the list available to each	44854
individual with mental retardation or other developmental	44855
disability who resides in the county and is eligible for such	44856
habilitation, vocational, or community employment services. The	44857
county board shall also make the list available to such	44858
individuals' families.	44859

An individual with mental retardation or other developmental	44860
disability who is eligible for habilitation, vocational, or	44861
community employment services may choose the provider of the	44862
services.	44863

~~A county board that has medicaid local administrative~~	44864
~~authority under division (A) of section 5126.055 of the Revised~~	44865
~~Code for habilitation, vocational, and community employment~~	44866
~~services provided as part of home and community-based services~~	44867
~~shall pay the nonfederal share of the habilitation, vocational,~~	44868
~~and community employment services when required by section~~	44869
~~5126.057 of the Revised Code. The department of mental retardation~~	44870
~~and developmental disabilities shall pay the nonfederal share of~~	44871
~~such habilitation, vocational, and community employment services~~	44872
~~when required by section 5123.047 of the Revised Code.~~	44873

(B) Each month, the department of mental retardation and	44874
developmental disabilities shall create a list of all persons and	44875
government entities eligible to provide residential services and	44876
supported living. The department shall include on the list all	44877
residential facilities licensed under section 5123.19 of the	44878
Revised Code and all supported living providers certified under	44879
section ~~5126.431~~5123.161 of the Revised Code. The department	44880
shall distribute the monthly lists to county boards that have	44881
local administrative authority under division (A) of section	44882
5126.055 of the Revised Code for residential services and	44883
supported living provided as part of home and community-based	44884
services. A county board that receives a list shall make it	44885
available to each individual with mental retardation or other	44886
developmental disability who resides in the county and is eligible	44887
for such residential services or supported living. The county	44888
board shall also make the list available to the families of those	44889
individuals.	44890

An individual who is eligible for residential services or	44891
supported living may choose the provider of the residential	44892
services or supported living.	44893

~~A county board that has medicaid local administrative~~	44894
~~authority under division (A) of section 5126.055 of the Revised~~	44895
~~Code for residential services and supported living provided as~~	44896
~~part of home and community-based services shall pay the nonfederal~~	44897
~~share of the residential services and supported living when~~	44898
~~required by section 5126.057 of the Revised Code. The department~~	44899
~~shall pay the nonfederal share of the residential services and~~	44900
~~supported living when required by section 5123.047 of the Revised~~	44901
~~Code.~~	44902

(C) If a county board that has medicaid local administrative	44903
authority under division (A) of section 5126.055 of the Revised	44904
Code for home and community-based services violates the right	44905
established by this section of an individual to choose a provider	44906
that is qualified and willing to provide services to the	44907
individual, the individual shall receive timely notice that the	44908
individual may request a hearing under section 5101.35 of the	44909
Revised Code.	44910

(D) The departments of mental retardation and developmental	44911
disabilities and job and family services shall adopt rules in	44912
accordance with Chapter 119. of the Revised Code governing the	44913
implementation of this section. The rules shall include procedures	44914
for individuals to choose their service providers. The rules shall	44915
not be limited by a provider selection system established under	44916
section 5126.42 of the Revised Code, including any pool of	44917
providers created pursuant to a provider selection system.	44918

Sec. 5126.054. (A) Each county board of mental retardation	44919
and developmental disabilities shall, by resolution, develop a	44920
three-calendar year plan that includes the following four	44921
components:	44922

(1) An assessment component that includes all of the	44923
following:	44924

(a) The number of individuals with mental retardation or	44925
other developmental disability residing in the county who need the	44926
level of care provided by an intermediate care facility for the	44927
mentally retarded, may seek home and community-based services, are	44928
given priority for the services pursuant to division (D) of	44929
section 5126.042 of the Revised Code; the service needs of those	44930
individuals; and the projected annualized cost for services;	44931

(b) The source of funds available to the county board to pay	44932
the nonfederal share of medicaid expenditures that the county	44933
board is required by ~~division (A) of section 5126.057~~sections	44934
5126.059 and 5126.0510 of the Revised Code to pay;	44935

(c) Any other applicable information or conditions that the	44936
department of mental retardation and developmental disabilities	44937
requires as a condition of approving the component under section	44938
5123.046 of the Revised Code.	44939

(2) A component that provides for the recruitment, training,	44940
and retention of existing and new direct care staff necessary to	44941
implement services included in individualized service plans,	44942
including behavior management services and health management	44943
services such as delegated nursing and other habilitation	44944
services, and protect the health and welfare of individuals	44945
receiving services included in the individual's individualized	44946
service plan by complying with safeguards for unusual and major	44947
unusual incidents, day-to-day program management, and other	44948
requirements the department shall identify. A county board shall	44949
develop this component in collaboration with providers of	44950
medicaid-funded services with which the county board contracts. A	44951
county board shall include all of the following in the component:	44952

(a) The source and amount of funds available for the	44953
component;	44954

(b) A plan and timeline for implementing the component with	44955
the medicaid providers under contract with the county board;	44956

(c) The mechanisms the county board shall use to ensure the	44957
financial and program accountability of the medicaid provider's	44958
implementation of the component.	44959

(3) A preliminary implementation component that specifies the	44960
number of individuals to be provided, during the first year that	44961
the plan is in effect, home and community-based services pursuant	44962
to the priority given to them under divisions (D)(1) and (2) of	44963
section 5126.042 of the Revised Code and the types of home and	44964
community-based services the individuals are to receive;	44965

(4) A component that provides for the implementation of	44966
medicaid case management services and home and community-based	44967
services for individuals who begin to receive the services on or	44968
after the date the plan is approved under section 5123.046 of the	44969
Revised Code. A county board shall include all of the following in	44970
the component:	44971

(a) If the department of mental retardation and developmental	44972
disabilities or department of job and family services requires, an	44973
agreement to pay the nonfederal share of medicaid expenditures	44974
that the county board is required by ~~division (A) of section~~	44975
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code to	44976
pay;	44977

(b) How the services are to be phased in over the period the	44978
plan covers, including how the county board will serve individuals	44979
on a waiting list established under division (C) of section	44980
5126.042 who are given priority status under division (D)(1) of	44981
that section;	44982

(c) Any agreement or commitment regarding the county board's	44983
funding of home and community-based services that the county board	44984
has with the department at the time the county board develops the	44985
component;	44986

(d) Assurances adequate to the department that the county	44987
board will comply with all of the following requirements:	44988

(i) To provide the types of home and community-based services	44989
specified in the preliminary implementation component required by	44990
division (A)(3) of this section to at least the number of	44991
individuals specified in that component;	44992

(ii) To use any additional funds the county board receives	44993
for the services to improve the county board's resource	44994
capabilities for supporting such services available in the county	44995
at the time the component is developed and to expand the services	44996
to accommodate the unmet need for those services in the county;	44997

(iii) To employ a business manager who is either a new	44998
employee who has earned at least a bachelor's degree in business	44999
administration or a current employee who has the equivalent	45000
experience of a bachelor's degree in business administration. If	45001
the county board will employ a new employee, the county board	45002
shall include in the component a timeline for employing the	45003
employee.	45004

(iv) To employ or contract with a medicaid services manager	45005
who is either a new employee who has earned at least a bachelor's	45006
degree or a current employee who has the equivalent experience of	45007
a bachelor's degree. If the county board will employ a new	45008
employee, the county board shall include in the component a	45009
timeline for employing the employee. Two or three county boards	45010
that have a combined total enrollment in county board services not	45011
exceeding one thousand individuals as determined pursuant to	45012
certifications made under division (B) of section 5126.12 of the	45013
Revised Code may satisfy this requirement by sharing the services	45014
of a medicaid services manager or using the services of a medicaid	45015
services manager employed by or under contract with a regional	45016
council that the county boards establish under section 5126.13 of	45017
the Revised Code.	45018

(e) An agreement to comply with the method, developed by	45019
rules adopted under section 5123.0413 of the Revised Code, of	45020
paying for extraordinary costs, including extraordinary costs for	45021
services to individuals with mental retardation or other	45022
developmental disability, and ensuring the availability of	45023
adequate funds in the event a county property tax levy for	45024
services for individuals with mental retardation or other	45025
developmental disability fails;	45026

(f) Programmatic and financial accountability measures and	45027
projected outcomes expected from the implementation of the plan;	45028

(g) Any other applicable information or conditions that the	45029
department requires as a condition of approving the component	45030
under section 5123.046 of the Revised Code.	45031

(B) For the purpose of obtaining the department's approval	45032
under section 5123.046 of the Revised Code of the plan the county	45033
board develops under division (A) of this section, a county board	45034
shall do all of the following:	45035

(1) Submit the components required by divisions (A)(1) and	45036
(2) of this section to the department not later than August 1,	45037
2001;	45038

(2) Submit the component required by division (A)(3) of this	45039
section to the department not later than January 31, 2002;	45040

(3) Submit the component required by division (A)(4) of this	45041
section to the department not later than July 1, 2002.	45042

(C) A county board whose plan developed under division (A) of	45043
this section is approved by the department under section 5123.046	45044
of the Revised Code shall update and renew the plan in accordance	45045
with a schedule the department shall develop.	45046

Sec. 5126.055. (A) Except as provided in section 5126.056	45047
of the Revised Code, a county board of mental retardation and	45048
developmental disabilities has medicaid local administrative	45049
authority to, and shall, do all of the following for an individual	45050
with mental retardation or other developmental disability who	45051
resides in the county that the county board serves and seeks or	45052
receives home and community-based services:	45053

(1) Perform assessments and evaluations of the individual. As	45054
part of the assessment and evaluation process, the county board	45055
shall do all of the following:	45056

(a) Make a recommendation to the department of mental	45057
retardation and developmental disabilities on whether the	45058
department should approve or deny the individual's application for	45059
the services, including on the basis of whether the individual	45060
needs the level of care an intermediate care facility for the	45061
mentally retarded provides;	45062

(b) If the individual's application is denied because of the	45063
county board's recommendation and the individual requests a	45064
hearing under section 5101.35 of the Revised Code, present, with	45065
the department of mental retardation and developmental	45066
disabilities or department of job and family services, whichever	45067
denies the application, the reasons for the recommendation and	45068
denial at the hearing;	45069

(c) If the individual's application is approved, recommend to	45070
the departments of mental retardation and developmental	45071
disabilities and job and family services the services that should	45072
be included in the individual's individualized service plan and,	45073
if either department approves, reduces, denies, or terminates a	45074
service included in the individual's individualized service plan	45075
under section 5111.871 of the Revised Code because of the county	45076
board's recommendation, present, with the department that made the	45077
approval, reduction, denial, or termination, the reasons for the	45078
recommendation and approval, reduction, denial, or termination at	45079
a hearing under section 5101.35 of the Revised Code.	45080

(2) If the individual has been identified by the department	45081
of mental retardation and developmental disabilities as an	45082
individual to receive priority for home and community-based	45083
services pursuant to division (D)(3) of section 5126.042 of the	45084
Revised Code, assist the department in expediting the transfer of	45085
the individual from an intermediate care facility for the mentally	45086
retarded or nursing facility to the home and community-based	45087
services;	45088

(3) In accordance with the rules adopted under section	45089
5126.046 of the Revised Code, perform the county board's duties	45090
under that section regarding assisting the individual's right to	45091
choose a qualified and willing provider of the services and, at a	45092
hearing under section 5101.35 of the Revised Code, present	45093
evidence of the process for appropriate assistance in choosing	45094
providers;	45095

(4) ~~Unless the county board provides the services under~~	45096
~~division (A)(5) of this section, contract with the person or~~	45097
~~government entity the individual chooses in accordance with~~	45098
~~section 5126.046 of the Revised Code to provide the services if~~	45099
~~the person or government entity is qualified and agrees to provide~~	45100
~~the services. The contract shall contain all the provisions~~	45101
~~required by section 5126.035 of the Revised Code and require the~~	45102
~~provider to agree to furnish, in accordance with the provider's~~	45103
~~medicaid provider agreement and for the authorized reimbursement~~	45104
~~rate, the services the individual requires.~~	45105

~~(5)~~ If the county board is certified under section ~~5123.16~~	45106
5123.161 of the Revised Code to provide the services and agrees to	45107
provide the services to the individual and the individual chooses	45108
the county board to provide the services, furnish, in accordance	45109
with the county board's medicaid provider agreement and for the	45110
authorized reimbursement rate, the services the individual	45111
requires;	45112

~~(6)~~(5) Monitor the services provided to the individual and	45113
ensure the individual's health, safety, and welfare. The	45114
monitoring shall include quality assurance activities. If the	45115
county board provides the services, the department of mental	45116
retardation and developmental disabilities shall also monitor the	45117
services.	45118

~~(7)~~(6) Develop, with the individual and the provider of the	45119
individual's services, an effective individualized service plan	45120
that includes coordination of services, recommend that the	45121
departments of mental retardation and developmental disabilities	45122
and job and family services approve the plan, and implement the	45123
plan unless either department disapproves it;	45124

~~(8)~~(7) Have an investigative agent conduct investigations	45125
under section 5126.313 of the Revised Code that concern the	45126
individual;	45127

~~(9)~~(8) Have a service and support administrator perform the	45128
duties under division (B)(9) of section 5126.15 of the Revised	45129
Code that concern the individual.	45130

(B) A county board shall perform its medicaid local	45131
administrative authority under this section in accordance with all	45132
of the following:	45133

(1) The county board's plan that the department of mental	45134
retardation and developmental disabilities approves under section	45135
5123.046 of the Revised Code;	45136

(2) All applicable federal and state laws;

45137

(3) All applicable policies of the departments of mental	45138
retardation and developmental disabilities and job and family	45139
services and the United States department of health and human	45140
services;	45141

(4) The department of job and family services' supervision	45142
under its authority under section 5111.01 of the Revised Code to	45143
act as the single state medicaid agency;	45144

(5) The department of mental retardation and developmental	45145
disabilities' oversight.	45146

(C) The departments of mental retardation and developmental	45147
disabilities and job and family services shall communicate with	45148
and provide training to county boards regarding medicaid local	45149
administrative authority granted by this section. The	45150
communication and training shall include issues regarding audit	45151
protocols and other standards established by the United States	45152
department of health and human services that the departments	45153
determine appropriate for communication and training. County	45154
boards shall participate in the training. The departments shall	45155
assess the county board's compliance against uniform standards	45156
that the departments shall establish.	45157

(D) A county board may not delegate its medicaid local	45158
administrative authority granted under this section but may	45159
contract with a person or government entity, including a council	45160
of governments, for assistance with its medicaid local	45161
administrative authority. A county board that enters into such a	45162
contract shall notify the director of mental retardation and	45163
developmental disabilities. The notice shall include the tasks and	45164
responsibilities that the contract gives to the person or	45165
government entity. The person or government entity shall comply in	45166
full with all requirements to which the county board is subject	45167
regarding the person or government entity's tasks and	45168
responsibilities under the contract. The county board remains	45169
ultimately responsible for the tasks and responsibilities.	45170

(E) A county board that has medicaid local administrative	45171
authority under this section shall, through the departments of	45172
mental retardation and developmental disabilities and job and	45173
family services, reply to, and cooperate in arranging compliance	45174
with, a program or fiscal audit or program violation exception	45175
that a state or federal audit or review discovers. The department	45176
of job and family services shall timely notify the department of	45177
mental retardation and developmental disabilities and the county	45178
board of any adverse findings. After receiving the notice, the	45179
county board, in conjunction with the department of mental	45180
retardation and developmental disabilities, shall cooperate fully	45181
with the department of job and family services and timely prepare	45182
and send to the department a written plan of correction or	45183
response to the adverse findings. The county board is liable for	45184
any adverse findings that result from an action it takes or fails	45185
to take in its implementation of medicaid local administrative	45186
authority.	45187

(F) If the department of mental retardation and developmental	45188
disabilities or department of job and family services determines	45189
that a county board's implementation of its medicaid local	45190
administrative authority under this section is deficient, the	45191
department that makes the determination shall require that county	45192
board do the following:	45193

(1) If the deficiency affects the health, safety, or welfare	45194
of an individual with mental retardation or other developmental	45195
disability, correct the deficiency within twenty-four hours;	45196

(2) If the deficiency does not affect the health, safety, or	45197
welfare of an individual with mental retardation or other	45198
developmental disability, receive technical assistance from the	45199
department or submit a plan of correction to the department that	45200
is acceptable to the department within sixty days and correct the	45201
deficiency within the time required by the plan of correction.	45202

Sec. 5126.056. (A) The department of mental retardation and	45203
developmental disabilities shall take action under division (B) of	45204
this section against a county board of mental retardation and	45205
developmental disabilities if any of the following are the case:	45206

(1) The county board fails to submit to the department all	45207
the components of its three-year plan required by section 5126.054	45208
of the Revised Code within the time required by division (B) of	45209
that section.	45210

(2) The department disapproves the county board's three-year	45211
plan under section 5123.046 of the Revised Code.	45212

(3) The county board fails, as required by division (C) of	45213
section 5126.054 of the Revised Code, to update and renew its	45214
three-year plan in accordance with a schedule the department	45215
develops under that section.	45216

(4) The county board fails to implement its initial or	45217
renewed three-year plan approved by the department.	45218

(5) The county board fails to correct a deficiency within the	45219
time required by division (F) of section 5126.055 of the Revised	45220
Code to the satisfaction of the department.	45221

(6) The county board fails to submit an acceptable plan of	45222
correction to the department within the time required by division	45223
(F)(2) of section 5126.055 of the Revised Code.	45224

(B) If required by division (A) of this section to take	45225
action against a county board, the department shall issue an order	45226
terminating the county board's medicaid local administrative	45227
authority over all or part of home and community-based services,	45228
medicaid case management services, or all or part of both of those	45229
services. The department shall provide a copy of the order to the	45230
board of county commissioners, senior probate judge, county	45231
auditor, and president and superintendent of the county board. The	45232
department shall specify in the order the medicaid local	45233
administrative authority that the department is terminating, the	45234
reason for the termination, and the county board's option and	45235
responsibilities under this division.	45236

A county board whose medicaid local administrative authority	45237
is terminated may, not later than thirty days after the department	45238
issues the termination order, recommend to the department that	45239
another county board that has not had any of its medicaid local	45240
administrative authority terminated or another entity the	45241
department approves administer the services for which the county	45242
board's medicaid local administrative authority is terminated. The	45243
department may contract with the other county board or entity to	45244
administer the services. If the department enters into such a	45245
contract, the county board shall adopt a resolution giving the	45246
other county board or entity full medicaid local administrative	45247
authority over the services that the other county board or entity	45248
is to administer. The other county board or entity shall be known	45249
as the contracting authority.	45250

If the department rejects the county board's recommendation	45251
regarding a contracting authority, the county board may appeal the	45252
rejection under section 5123.043 of the Revised Code.	45253

If the county board does not submit a recommendation to the	45254
department regarding a contracting authority within the required	45255
time or the department rejects the county board's recommendation	45256
and the rejection is upheld pursuant to an appeal, if any, under	45257
section 5123.043 of the Revised Code, the department shall appoint	45258
an administrative receiver to administer the services for which	45259
the county board's medicaid local administrative authority is	45260
terminated. To the extent necessary for the department to appoint	45261
an administrative receiver, the department may utilize employees	45262
of the department, management personnel from another county board,	45263
or other individuals who are not employed by or affiliated with in	45264
any manner a person that provides home and community-based	45265
services or medicaid case management services pursuant to a	45266
contract with any county board. The administrative receiver shall	45267
assume full administrative responsibility for the county board's	45268
services for which the county board's medicaid local	45269
administrative authority is terminated.	45270

The contracting authority or administrative receiver shall	45271
develop and submit to the department a plan of correction to	45272
remediate the problems that caused the department to issue the	45273
termination order. If, after reviewing the plan, the department	45274
approves it, the contracting authority or administrative receiver	45275
shall implement the plan.	45276

The county board shall transfer control of state and federal	45277
funds it is otherwise eligible to receive for the services for	45278
which the county board's medicaid local administrative authority	45279
is terminated and funds the county board may use under division	45280
~~(B)~~(A) of section ~~5126.057~~5126.0511 of the Revised Code to pay	45281
the nonfederal share of the services that the county board is	45282
required by ~~division (A) of that section~~sections 5126.059 and	45283
5126.0510 of the Revised Code to pay. The county board shall	45284
transfer control of the funds to the contracting authority or	45285
administrative receiver administering the services. The amount the	45286
county board shall transfer shall be the amount necessary for the	45287
contracting authority or administrative receiver to fulfill its	45288
duties in administering the services, including its duties to pay	45289
its personnel for time worked, travel, and related matters. If the	45290
county board fails to make the transfer, the department may	45291
withhold the state and federal funds from the county board and	45292
bring a mandamus action against the county board in the court of	45293
common pleas of the county served by the county board or in the	45294
Franklin county court of common pleas. The mandamus action may not	45295
require that the county board transfer any funds other than the	45296
funds the county board is required by division (B) of this section	45297
to transfer.	45298

The contracting authority or administrative receiver has the	45299
right to authorize the payment of bills in the same manner that	45300
the county board may authorize payment of bills under this chapter	45301
and section 319.16 of the Revised Code.	45302

Sec. 5126.059. A county board of mental retardation and	45303
developmental disabilities shall pay the nonfederal share of	45304
medicaid expenditures for medicaid case management services the	45305
county board provides to an individual with mental retardation or	45306
other developmental disability who the county board determines	45307
under section 5126.041 of the Revised Code is eligible for county	45308
board services.	45309

Sec. 5126.0510. (A) Except as otherwise provided in an	45310
agreement entered into under section 5123.048 of the Revised Code	45311
and subject to divisions (B), (C), and (D) of this section, a	45312
county board of mental retardation and developmental disabilities	45313
shall pay the nonfederal share of medicaid expenditures for the	45314
following home and community-based services provided to an	45315
individual with mental retardation or other developmental	45316
disability who the county board determines under section 5126.041	45317
of the Revised Code is eligible for county board services:	45318

(1) Home and community-based services that the county board	45319
provides to such an individual;	45320

(2) Home and community-based services provided by a provider	45321
other than the county board to such an individual who is enrolled	45322
as of June 30, 2007, in the medicaid waiver component under which	45323
the services are provided;	45324

(3) Home and community-based services provided by a provider	45325
other than the county board to such an individual who, pursuant to	45326
a request the county board makes, enrolls in the medicaid waiver	45327
component under which the services are provided after June 30,	45328
2007;	45329

(4) Home and community-based services provided by a provider	45330
other than the county board to such an individual for whom there	45331
is in effect an agreement entered into under division (E) of this	45332
section between the county board and director of mental	45333
retardation and developmental disabilities.	45334

(B) In the case of medicaid expenditures for home and	45335
community-based services for which division (A)(2) of this section	45336
requires a county board to pay the nonfederal share, the following	45337
shall apply to such services provided during fiscal year 2008	45338
under the individual options medicaid waiver component:	45339

(1) The county board shall pay no less than the total amount	45340
the county board paid as the nonfederal share for home and	45341
community-based services provided in fiscal year 2007 under the	45342
individual options medicaid waiver component;	45343

(2) The county board shall pay no more than the sum of the	45344
following:	45345

(a) The total amount the county board paid as the nonfederal	45346
share for home and community-based services provided in fiscal	45347
year 2007 under the individual options medicaid waiver component;	45348

(b) An amount equal to one per cent of the total amount the	45349
department of mental retardation and developmental disabilities	45350
and county board paid as the nonfederal share for home and	45351
community-based services provided in fiscal year 2007 under the	45352
individual options medicaid waiver component to individuals the	45353
county department determined under section 5126.041 of the Revised	45354
Code are eligible for county board services.	45355

(C) A county board is not required to pay the nonfederal	45356
share of home and community-based services provided after June 30,	45357
2008, that the county board is otherwise required by division	45358
(A)(2) of this section to pay if the department of mental	45359
retardation and developmental disabilities fails to comply with	45360
division (A) of section 5123.0416 of the Revised Code.	45361

(D) A county board is not required to pay the nonfederal	45362
share of home and community-based services that the county board	45363
is otherwise required by division (A)(3) of this section to pay if	45364
both of the following apply:	45365

(1) The services are provided to an individual who enrolls in	45366
the medicaid waiver component under which the services are	45367
provided as the result of an order issued following a state	45368
hearing, administrative appeal, or appeal to a court of common	45369
pleas made under section 5101.35 of the Revised Code;	45370

(2) There are more individuals who are eligible for services	45371
from the county board enrolled in the medicaid waiver component	45372
than is required by section 5126.0512 of the Revised Code.	45373

(E) A county board may enter into an agreement with the	45374
director of mental retardation and developmental disabilities	45375
under which the county board agrees to pay the nonfederal share of	45376
medicaid expenditures for one or more home and community-based	45377
services that the county board is not otherwise required by	45378
division (A)(1), (2), or (3) of this section to pay and that are	45379
provided to an individual the county board determines under	45380
section 5126.041 of the Revised Code is eligible for county board	45381
services. The agreement shall specify which home and	45382
community-based services the agreement covers. The county board	45383
shall pay the nonfederal share of medicaid expenditures for the	45384
home and community-based services that the agreement covers as	45385
long as the agreement is in effect.	45386

~~Sec. 5126.057.~~ Sec. 5126.0511. (A) ~~A county board of mental~~	45387
~~retardation and developmental disabilities that has medicaid local~~	45388
~~administrative authority under division (A) of section 5126.055 of~~	45389
~~the Revised Code for home and community-based services shall pay~~	45390
~~the nonfederal share of medicaid expenditures for such services~~	45391
~~provided to an individual with mental retardation or other~~	45392
~~developmental disability who the county board determines under~~	45393
~~section 5126.041 of the Revised Code is eligible for county board~~	45394
~~services unless division (B)(2) or (3) of section 5123.047 of the~~	45395
~~Revised Code requires the department of mental retardation and~~	45396
~~developmental disabilities to pay the nonfederal share.~~	45397

~~A county board that provides medicaid case management~~	45398
~~services shall pay the nonfederal share of medicaid expenditures~~	45399
~~for such services provided to an individual with mental~~	45400
~~retardation or other developmental disability who the county board~~	45401
~~determines under section 5126.041 of the Revised Code is eligible~~	45402
~~for county board services.~~	45403

~~(B)~~ A county board of mental retardation and developmental	45404
disabilities may use the following funds to pay the nonfederal	45405
share of the ~~services~~medicaid expenditures that the county board	45406
is required by ~~division (A)~~sections 5126.059 and 5126.0510 of	45407
~~this section~~the Revised Code to pay:	45408

(1) To the extent consistent with the levy that generated the	45409
taxes, the following taxes:	45410

(a) Taxes levied pursuant to division (L) of section 5705.19	45411
of the Revised Code and section 5705.222 of the Revised Code;	45412

(b) Taxes levied under section 5705.191 of the Revised Code	45413
that the board of county commissioners allocates to the county	45414
board ~~to pay the nonfederal share of the services~~.	45415

(2) Funds that the department of mental retardation and	45416
developmental disabilities distributes to the county board under	45417
sections 5126.11~~, 5126.12, 5126.15,~~and 5126.18~~, and 5126.44~~ of	45418
the Revised Code;	45419

(3) Earned federal revenue funds the county board receives	45420
for medicaid services the county board provides pursuant to the	45421
county board's valid medicaid provider agreement;	45422

(4) Funds that the department of mental retardation and	45423
developmental disabilities distributes to the county board as	45424
subsidy payments;	45425

(5) In the case of medicaid expenditures for home and	45426
community-based services, funds allocated to or otherwise made	45427
available for the county board under section 5123.0416 of the	45428
Revised Code to pay the nonfederal share of such medicaid	45429
expenditures.	45430

~~(C) If by December 31, 2001, the United States secretary of~~	45431
~~health and human services approves at least five hundred more~~	45432
~~slots for home and community-based services for calendar year 2002~~	45433
~~than were available for calendar year 2001, each county board~~	45434
~~shall provide, by the last day of calendar year 2001, assurances~~	45435
~~to the department of mental retardation and developmental~~	45436
~~disabilities that the county board will have for calendar year~~	45437
~~2002 at least one-third of the value of one-half, effective mill~~	45438
~~levied in the county the preceding year available to pay the~~	45439
~~nonfederal share of the services that the county board is required~~	45440
~~by division (A) of this section to pay.~~	45441

~~If by December 31, 2002, the United States secretary approves~~	45442
~~at least five hundred more slots for home and community-based~~	45443
~~services for calendar year 2003 than were available for calendar~~	45444
~~year 2002, each county board shall provide, by the last day of~~	45445
~~calendar year 2002, assurances to the department that the county~~	45446
~~board will have for calendar year 2003 at least two-thirds of the~~	45447
~~value of one-half, effective mill levied in the county the~~	45448
~~preceding year available to pay the nonfederal share of the~~	45449
~~services that the county board is required by division (A) of this~~	45450
~~section to pay.~~	45451

~~If by December 31, 2003, the United States secretary approves~~	45452
~~at least five hundred more slots for home and community-based~~	45453
~~services for calendar year 2004 than were available for calendar~~	45454
~~year 2003, each county board shall provide, by the last day of~~	45455
~~calendar year 2003 and each calendar year thereafter, assurances~~	45456
~~to the department that the county board will have for calendar~~	45457
~~year 2004 and each calendar year thereafter at least the value of~~	45458
~~one-half, effective mill levied in the county the preceding year~~	45459
~~available to pay the nonfederal share of the services that the~~	45460
~~county board is required by division (A) of this section to pay.~~	45461

~~(D)~~ Each year, each county board shall adopt a resolution	45462
specifying the amount of funds it will use in the next year to pay	45463
the nonfederal share of the ~~services~~medicaid expenditures that	45464
the county board is required by ~~division (A) of this section~~	45465
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	45466
amount specified shall be adequate to assure that the services for	45467
which the medicaid expenditures are made will be available in the	45468
county in a manner that conforms to all applicable state and	45469
federal laws. A county board shall state in its resolution that	45470
the payment of the nonfederal share represents an ongoing	45471
financial commitment of the county board. A county board shall	45472
adopt the resolution in time for the county auditor to make the	45473
determination required by division ~~(E)~~(C) of this section.	45474

~~(E)~~(C) Each year, a county auditor shall determine whether	45475
the amount of funds a county board specifies in the resolution it	45476
adopts under division ~~(D)~~(B) of this section will be available in	45477
the following year for the county board to pay the nonfederal	45478
share of the ~~services~~medicaid expenditures that the county board	45479
is required by ~~division (A) of this section~~sections 5126.059 and	45480
5126.0510 of the Revised Code to pay. The county auditor shall	45481
make the determination not later than the last day of the year	45482
before the year in which the funds are to be used.	45483

Sec. 5126.0512. (A) As used in this section, "medicaid	45484
waiver component" means a medicaid waiver component as defined in	45485
section 5111.85 of the Revised Code under which home and	45486
community-based services are provided.	45487

(B) Effective July 1, 2007, each county board of mental	45488
retardation and developmental disabilities shall ensure, for each	45489
medicaid waiver component, that the number of individuals eligible	45490
under section 5126.041 of the Revised Code for services from the	45491
county board who are enrolled in a medicaid waiver component is no	45492
less than the sum of the following:	45493

(1) The number of individuals eligible for services from the	45494
county board who are enrolled in the medicaid waiver component on	45495
June 30, 2007;	45496

(2) The number of medicaid waiver component slots that the	45497
county board requested before July 1, 2007, were assigned to the	45498
county board before that date, but in which no individual was	45499
enrolled before that date.	45500

(C) An individual enrolled in a medicaid waiver component	45501
after March 1, 2007, due to an emergency reserve capacity waiver	45502
assignment shall not be counted in determining the number of	45503
individuals a county board must ensure under division (B) of this	45504
section are enrolled in a medicaid waiver component.	45505

(D) An individual who is enrolled in a medicaid waiver	45506
component to comply with the terms of the consent order filed	45507
March 5, 2007, in Martin v. Strickland, Case No. 89-CV-00362, in	45508
the United States district court for the southern district of	45509
Ohio, eastern division, shall be excluded in determining whether a	45510
county board has complied with division (B) of this section.	45511

(E) A county board shall make as many requests for	45512
individuals to be enrolled in a medicaid waiver component as	45513
necessary for the county board to comply with division (B) of this	45514
section.	45515

Sec. 5126.06. (A) Except as provided in division (B) of this	45516
section ~~and section 5126.036 of the Revised Code~~, any person who	45517
has a complaint involving any of the programs, services, policies,	45518
or administrative practices of a county board of mental	45519
retardation and developmental disabilities or any of the entities	45520
under contract with the county board, may file a complaint with	45521
the board. Prior to commencing a civil action regarding the	45522
complaint, a person shall attempt to have the complaint resolved	45523
through the administrative resolution process established in the	45524
rules adopted under section 5123.043 of the Revised Code. After	45525
exhausting the administrative resolution process, the person may	45526
commence a civil action if the complaint is not settled to the	45527
person's satisfaction.	45528

(B) An employee of a county board may not file under this	45529
section a complaint related to the terms and conditions of	45530
employment of the employee.	45531

Sec. 5126.12. (A) As used in this section:

45532

(1) "Approved school age class" means a class operated by a	45533
county board of mental retardation and developmental disabilities	45534
and funded by the department of education under section 3317.20 of	45535
the Revised Code.	45536

(2) "Approved preschool unit" means a class or unit operated	45537
by a county board of mental retardation and developmental	45538
disabilities and approved under division (B) of section 3317.05 of	45539
the Revised Code.	45540

(3) "Active treatment" means a continuous treatment program,	45541
which includes aggressive, consistent implementation of a program	45542
of specialized and generic training, treatment, health services,	45543
and related services, that is directed toward the acquisition of	45544
behaviors necessary for an individual with mental retardation or	45545
other developmental disability to function with as much	45546
self-determination and independence as possible and toward the	45547
prevention of deceleration, regression, or loss of current optimal	45548
functional status.	45549

(4) "Eligible for active treatment" means that an individual	45550
with mental retardation or other developmental disability resides	45551
in an intermediate care facility for the mentally retarded	45552
certified under Title XIX of the "Social Security Act," 79 Stat.	45553
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	45554
institution operated by the department of mental retardation and	45555
developmental disabilities; or is enrolled in home and	45556
community-based services.	45557

(5) "Traditional adult services" means vocational and	45558
nonvocational activities conducted within a sheltered workshop or	45559
adult activity center or supportive home services.	45560

(B) Each county board of mental retardation and developmental	45561
disabilities shall certify to the director of mental retardation	45562
and developmental disabilities all of the following:	45563

(1) On or before the fifteenth day of October, the average	45564
daily membership for the first full week of programs and services	45565
during October receiving:	45566

(a) Early childhood services provided pursuant to section	45567
5126.05 of the Revised Code for children who are less than three	45568
years of age on the thirtieth day of September of the academic	45569
year;	45570

(b) Special education for handicapped children in approved	45571
school age classes;	45572

(c) Adult services for persons sixteen years of age and older	45573
operated pursuant to section 5126.05 and division (B) of section	45574
5126.051 of the Revised Code. Separate counts shall be made for	45575
the following:	45576

(i) Persons enrolled in traditional adult services who are	45577
eligible for but not enrolled in active treatment;	45578

(ii) Persons enrolled in traditional adult services who are	45579
eligible for and enrolled in active treatment;	45580

(iii) Persons enrolled in traditional adult services but who	45581
are not eligible for active treatment;	45582

(iv) Persons participating in community employment services.	45583
To be counted as participating in community employment services, a	45584
person must have spent an average of no less than ten hours per	45585
week in that employment during the preceding six months.	45586

(d) Other programs in the county for individuals with mental	45587
retardation and developmental disabilities that have been approved	45588
for payment of subsidy by the department of mental retardation and	45589
developmental disabilities.	45590

The membership in each such program and service in the county	45591
shall be reported on forms prescribed by the department of mental	45592
retardation and developmental disabilities.	45593

The department of mental retardation and developmental	45594
disabilities shall adopt rules defining full-time equivalent	45595
enrollees and for determining the average daily membership	45596
therefrom, except that certification of average daily membership	45597
in approved school age classes shall be in accordance with rules	45598
adopted by the state board of education. The average daily	45599
membership figure shall be determined by dividing the amount	45600
representing the sum of the number of enrollees in each program or	45601
service in the week for which the certification is made by the	45602
number of days the program or service was offered in that week. No	45603
enrollee may be counted in average daily membership for more than	45604
one program or service.	45605

(2) By the fifteenth day of December, the number of children	45606
enrolled in approved preschool units on the first day of December;	45607

(3) On or before the thirtieth day of ~~March~~April, an	45608
itemized report of all income and operating expenditures for the	45609
immediately preceding calendar year, in the format specified by	45610
the department of mental retardation and developmental	45611
disabilities;	45612

(4) ~~By the fifteenth day of February, a report of the total~~	45613
~~annual cost per enrollee for operation of programs and services in~~	45614
~~the preceding calendar year. The report shall include a grand~~	45615
~~total of all programs operated, the cost of the individual~~	45616
~~programs, and the sources of funds applied to each program.~~	45617

~~(5)~~ That each required certification and report is in	45618
accordance with rules established by the department of mental	45619
retardation and developmental disabilities and the state board of	45620
education for the operation and subsidization of the programs and	45621
services.	45622

~~(C) To compute payments under this section to the board for~~	45623
~~the fiscal year, the department of mental retardation and~~	45624
~~developmental disabilities shall use the certification of average~~	45625
~~daily membership required by division (B)(1) of this section~~	45626
~~exclusive of the average daily membership in any approved school~~	45627
~~age class and the number in any approved preschool unit.~~	45628

~~(D) The department shall pay each county board for each~~	45629
~~fiscal year an amount equal to nine hundred fifty dollars times~~	45630
~~the certified number of persons who on the first day of December~~	45631
~~of the academic year are under three years of age and are not in~~	45632
~~an approved preschool unit. For persons who are at least age~~	45633
~~sixteen and are not in an approved school age class, the~~	45634
~~department shall pay each county board for each fiscal year the~~	45635
~~following amounts:~~	45636

~~(1) One thousand dollars times the certified average daily~~	45637
~~membership of persons enrolled in traditional adult services who~~	45638
~~are eligible for but not enrolled in active treatment;~~	45639

~~(2) One thousand two hundred dollars times the certified~~	45640
~~average daily membership of persons enrolled in traditional adult~~	45641
~~services who are eligible for and enrolled in active treatment;~~	45642

~~(3) No less than one thousand five hundred dollars times the~~	45643
~~certified average daily membership of persons enrolled in~~	45644
~~traditional adult services but who are not eligible for active~~	45645
~~treatment;~~	45646

~~(4) No less than one thousand five hundred dollars times the~~	45647
~~certified average daily membership of persons participating in~~	45648
~~community employment services.~~	45649

~~(E) The department shall distribute this subsidy to county~~	45650
~~boards in quarterly installments of equal amounts. The~~	45651
~~installments shall be made not later than the thirtieth day of~~	45652
~~September, the thirty-first day of December, the thirty-first day~~	45653
~~of March, and the thirtieth day of June.~~	45654

~~(F) The director of mental retardation and developmental~~	45655
~~disabilities shall make efforts to obtain increases in the~~	45656
~~subsidies for early childhood services and adult services so that~~	45657
~~the amount of the subsidies is equal to at least fifty per cent of~~	45658
~~the statewide average cost of those services minus any applicable~~	45659
~~federal reimbursements for those services. The director shall~~	45660
~~advise the director of budget and management of the need for any~~	45661
~~such increases when submitting the biennial appropriations request~~	45662
~~for the department.~~	45663

~~(G) In determining the reimbursement of a county board for~~	45664
~~the provision of service and support administration, family~~	45665
~~support services, and other services required or approved by the~~	45666
~~director for which children three through twenty-one years of age~~	45667
~~are eligible, the department shall include the average daily~~	45668
~~membership in approved school age or preschool units. The~~	45669
~~department, in accordance with this section and upon receipt and~~	45670
~~approval of the certification required by this section and any~~	45671
~~other information it requires to enable it to determine a board's~~	45672
~~payments, shall pay the agency providing the specialized training~~	45673
~~the amounts payable under this section.~~	45674

Sec. 5126.15. (A) A county board of mental retardation and	45676
developmental disabilities shall provide service and support	45677
administration to each individual three years of age or older who	45678
is eligible for service and support administration if the	45679
individual requests, or a person on the individual's behalf	45680
requests, service and support administration. A board shall	45681
provide service and support administration to each individual	45682
receiving home and community-based services. A board may provide,	45683
in accordance with the service coordination requirements of 34	45684
C.F.R. 303.23, service and support administration to an individual	45685
under three years of age eligible for early intervention services	45686
under 34 C.F.R. part 303. A board may provide service and support	45687
administration to an individual who is not eligible for other	45688
services of the board. Service and support administration shall be	45689
provided in accordance with rules adopted under section 5126.08 of	45690
the Revised Code.	45691

A board may provide service and support administration by	45692
directly employing service and support administrators or by	45693
contracting with entities for the performance of service and	45694
support administration. Individuals employed or under contract as	45695
service and support administrators shall not be in the same	45696
collective bargaining unit as employees who perform duties that	45697
are not administrative.	45698

Individuals employed by a board as service and support	45699
administrators shall not be assigned responsibilities for	45700
implementing other services for individuals and shall not be	45701
employed by or serve in a decision-making or policy-making	45702
capacity for any other entity that provides programs or services	45703
to individuals with mental retardation or developmental	45704
disabilities. An individual employed as a conditional status	45705
service and support administrator shall perform the duties of	45706
service and support administration only under the supervision of a	45707
management employee who is a service and support administration	45708
supervisor.	45709

(B) The individuals employed by or under contract with a	45710
board to provide service and support administration shall do all	45711
of the following:	45712

(1) Establish an individual's eligibility for the services of	45713
the county board of mental retardation and developmental	45714
disabilities;	45715

(2) Assess individual needs for services;

45716

(3) Develop individual service plans with the active	45717
participation of the individual to be served, other persons	45718
selected by the individual, and, when applicable, the provider	45719
selected by the individual, and recommend the plans for approval	45720
by the department of mental retardation and developmental	45721
disabilities when services included in the plans are funded	45722
through medicaid;	45723

(4) Establish budgets for services based on the individual's	45724
assessed needs and preferred ways of meeting those needs;	45725

(5) Assist individuals in making selections from among the	45726
providers they have chosen;	45727

(6) Ensure that services are effectively coordinated and	45728
provided by appropriate providers;	45729

(7) Establish and implement an ongoing system of monitoring	45730
the implementation of individual service plans to achieve	45731
consistent implementation and the desired outcomes for the	45732
individual;	45733

(8) Perform quality assurance reviews as a distinct function	45734
of service and support administration;	45735

(9) Incorporate the results of quality assurance reviews and	45736
identified trends and patterns of unusual incidents and major	45737
unusual incidents into amendments of an individual's service plan	45738
for the purpose of improving and enhancing the quality and	45739
appropriateness of services rendered to the individual;	45740

(10) Ensure that each individual receiving services has a	45741
designated person who is responsible on a continuing basis for	45742
providing the individual with representation, advocacy, advice,	45743
and assistance related to the day-to-day coordination of services	45744
in accordance with the individual's service plan. The service and	45745
support administrator shall give the individual receiving services	45746
an opportunity to designate the person to provide daily	45747
representation. If the individual declines to make a designation,	45748
the administrator shall make the designation. In either case, the	45749
individual receiving services may change at any time the person	45750
designated to provide daily representation.	45751

~~(C) Subject to available funds, the department of mental~~	45752
~~retardation and developmental disabilities shall pay a county~~	45753
~~board an annual subsidy for service and support administration.~~	45754
~~The amount of the subsidy shall be equal to the greater of twenty~~	45755
~~thousand dollars or two hundred dollars times the board's~~	45756
~~certified average daily membership. The payments shall be made in~~	45757
~~quarterly installments of equal amounts, which shall be made no~~	45758
~~later than the thirtieth day of September, the thirty-first day of~~	45759
~~December, the thirty-first day of March, and the thirtieth day of~~	45760
~~June. Funds received shall be used solely for service and support~~	45761
~~administration.~~	45762

Sec. 5126.18. (A) As used in this section:

45764

(1) "County board" means a county board of mental retardation	45765
and developmental disabilities.	45766

(2) Notwithstanding section 5126.01 of the Revised Code,	45767
"adult services" means the following services, as they are	45768
identified on individual information forms submitted by county	45769
boards to the department of mental retardation and developmental	45770
disabilities ~~for the purpose of subsidies paid to county boards~~	45771
~~under section 5126.12 of the Revised Code~~, provided to an	45772
individual with mental retardation or other developmental	45773
disability who is at least twenty-two years of age:	45774

(a) Assessment;

45775

(b) Home service;

45776

45777

(d) Community employment services;

45778

(e) Retirement.

45779

(3) "Adult services enrollment" means a county board's	45780
average daily membership in adult services, exclusive of such	45781
services provided to individuals served solely through service and	45782
support administration provided pursuant to section 5126.15 of the	45783
Revised Code or family support services provided pursuant to	45784
section 5126.11 of the Revised Code.	45785

(4) "Taxable value" means the taxable value of a county board	45786
certified under division (B)(1) of this section.	45787

(5) "Per-mill yield" of a county board means the quotient	45788
obtained by dividing (a) the taxable value of the county board by	45789
(b) one thousand.	45790

(6) "Local adult services cost" means a county board's	45791
expenditures for adult services, excluding all federal and state	45792
reimbursements and subsidy allocations received by such boards and	45793
expended for such services, as certified under section 5126.12 of	45794
the Revised Code.	45795

(7) "Statewide average millage" means one thousand multiplied	45796
by the quotient obtained by dividing (a) the total of the local	45797
adult services costs of all county boards by (b) the total of the	45798
taxable values of all county boards.	45799

(8) "County yield" of a county board means the product	45800
obtained by multiplying (a) the statewide average millage by (b)	45801
the per-mill yield of the county board.	45802

(9) "County yield per enrollee" of a county board means the	45803
quotient obtained by dividing (a) the county yield of the county	45804
board by (b) the adult enrollment of the county board.	45805

(10) "Statewide yield per enrollee" means the quotient	45806
obtained by dividing (a) the sum of the county yields of all	45807
county boards by (b) the sum of the adult enrollments of all	45808
county boards.	45809

(11) "Local tax effort for adult services" of a county board	45810
means one thousand multiplied by the quotient obtained by dividing	45811
(a) the local adult services cost of the county board by (b) the	45812
taxable value of the county board.	45813

(12) "Funding percentage" for a fiscal year means the	45814
percentage that the amount appropriated to the department for the	45815
purpose of making payments under this section in the fiscal year	45816
is of the amount computed under division (C)(3) of this section	45817
for the fiscal year.	45818

(13) "Funding-adjusted required millage" for a fiscal year	45819
means the statewide average millage multiplied by the funding	45820
percentage for that fiscal year.	45821

(B)(1) On the request of the director of mental retardation	45822
and developmental disabilities, the tax commissioner shall provide	45823
to the department of mental retardation and developmental	45824
disabilities information specifying the taxable value of property	45825
on each county's tax list of real and public utility property and	45826
tax list of personal property for the most recent tax year for	45827
which such information is available. The director may request any	45828
other tax information necessary for the purposes of this section.	45829

(2) On the request of the director, each county board shall	45830
report the county board's adult services enrollment and local	45831
adult services cost.	45832

(C) Each year, the department of mental retardation and	45833
developmental disabilities shall compute the following:	45834

(1) For each county board, the amount, if any, by which the	45835
statewide yield per enrollee exceeds the county yield per	45836
enrollee;	45837

(2) For each county board, the amount of any excess computed	45838
under division (C)(1) of this section multiplied by the adult	45839
services enrollment of the county board;	45840

(3) The sum of the amounts computed under division (C)(2) of	45841
this section for all county boards.	45842

(D) From money appropriated for the purpose, the department	45843
shall provide for payment to each county board of the amount	45844
computed for that county board under division (C)(2) of this	45845
section, subject to any reduction or adjustment under division	45846
(E), (F), or (G) of this section. The department shall make the	45847
payments in quarterly installments of equal amounts. The	45848
installments shall be made not later than the thirtieth day of	45849
September, thirty-first day of December, thirty-first day of	45850
March, and thirtieth day of June.	45851

(E) If a county board's local tax effort for adult services	45852
is less than the funding-adjusted required millage, the director	45853
shall reduce the amount of payment otherwise computed under	45854
division (C)(2) of this section so that the amount paid, after the	45855
reduction, is the same percentage of the amount computed under	45856
division (C)(2) of this section as the county board's local tax	45857
effort for adult services is of the funding-adjusted required	45858
millage.	45859

If the director reduces the amount of a county board's	45860
payment under this division, the department, not later than the	45861
fifteenth day of July, shall notify the county board of the	45862
reduction and the amount of the reduction. The notice shall	45863
include a statement that the county board may request to be	45864
exempted from the reduction by filing a request with the director,	45865
in the manner and form prescribed by the director, within	45866
twenty-one days after such notification is issued. The board may	45867
present evidence of its attempt to obtain passage of levies or any	45868
other extenuating circumstances the board considers relevant. If	45869
the county board requests a hearing before the director to present	45870
such evidence, the director shall conduct a hearing on the request	45871
unless the director exempts the board from the reduction on the	45872
basis of the evidence presented in the request filed by the board.	45873
Upon receiving a properly and timely filed request for exemption,	45874
but not later than the thirty-first day of August, the director	45875
shall determine whether the county board shall be exempted from	45876
all or a part of the reduction. The director may exempt the board	45877
from all or part of the reduction if the director finds that the	45878
board has made good faith efforts to obtain passage of tax levies	45879
or that there are extenuating circumstances.	45880

(F) If a payment is reduced under division (E) of this	45881
section and the director does not exempt the county board from the	45882
reduction, the amount of the reduction shall be apportioned among	45883
all county boards entitled to payments under this section for	45884
which payments were not so reduced. The amount apportioned to each	45885
county board shall be proportionate to the amount of the board's	45886
payment as computed under division (C)(2) of this section.	45887

(G) If, for any fiscal year, the amount appropriated to the	45888
department for the purpose of this section is less than the amount	45889
computed under division (C)(3) of this section for the fiscal	45890
year, the department shall adjust the amount of each payment as	45891
computed under divisions (C)(2), (E), and (F) of this section by	45892
multiplying that amount by the funding percentage.	45893

(H) The payments authorized by this section are supplemental	45894
to all other funds that may be received by a county board. A	45895
county board shall use the payments solely to pay the nonfederal	45896
share of medicaid expenditures that ~~division (A) of section~~	45897
~~5126.057~~sections 5126.059 and 5126.0510 of the Revised Code	45898
~~requires~~require the county board to pay.	45899

Sec. 5126.19. (A) The director of mental retardation and	45900
developmental disabilities may grant temporary funding from the	45901
community mental retardation and developmental disabilities trust	45902
fund based on allocations to county boards of mental retardation	45903
and developmental disabilities. The director may distribute all or	45904
part of the funding directly to a county board, the persons who	45905
provide the services for which the funding is granted, or persons	45906
with mental retardation or developmental disabilities who are to	45907
receive those services.	45908

(B) Funding granted under division (A) of this section shall	45909
be granted according to the availability of moneys in the fund and	45910
priorities established by the director. Funding may be granted for	45911
any of the following purposes:	45912

(1) Behavioral or short-term interventions for persons with	45913
mental retardation or developmental disabilities that assist them	45914
in remaining in the community by preventing institutionalization;	45915

(2) Emergency respite care services, as defined in section	45916
5126.11 of the Revised Code;	45917

(3) Family support services provided under section 5126.11 of	45918
the Revised Code;	45919

(4) Supported living, as defined in section 5126.01 of the	45920
Revised Code;	45921

(5) Staff training for county board employees, employees of	45922
providers of residential services as defined in section 5126.01 of	45923
the Revised Code, and other personnel under contract with a county	45924
board, to provide the staff with necessary training in serving	45925
mentally retarded or developmentally disabled persons in the	45926
community;	45927

(6) Short-term provision of early childhood services provided	45928
under section 5126.05, adult services provided under sections	45929
5126.05 and 5126.051, and service and support administration	45930
provided under section 5126.15 of the Revised Code, when local	45931
moneys are insufficient to meet the need for such services due to	45932
the successive failure within a two-year period of three or more	45933
proposed levies for the services;	45934

(7) Contracts with providers of residential services to	45935
maintain persons with mental retardation and developmental	45936
disabilities in their programs and avoid institutionalization.	45937

(C) If the trust fund contains more than ten million dollars	45938
on the first day of July the director shall use ~~one million~~	45939
~~dollars for payments under section 5126.12 of the Revised Code,~~	45940
one million dollars for payments under section 5126.18 of the	45941
Revised Code, ~~and~~ two million dollars for ~~payments under section~~	45942
~~5126.44 of the Revised Code~~subsidies to county boards for	45943
supported living, and one million dollars for subsidies to county	45944
boards for early childhood services and adult services provided	45945
under section 5126.05 of the Revised Code. Distributions of funds	45946
under this division shall be made prior to August 31 of the state	45947
fiscal year in which the funds are available. The funds shall be	45948
allocated to a county board in an amount equal to the same	45949
percentage of the total amount allocated to the county board the	45950
immediately preceding state fiscal year.	45951

(D) In addition to making grants under division (A) of this	45952
section, the director may use money available in the trust fund	45953
for the same purposes that rules adopted under section 5123.0413	45954
of the Revised Code provide for money in the state MR/DD risk fund	45955
and the state insurance against MR/DD risk fund, both created	45956
under that section, to be used.	45957

Sec. 5126.25. (A) The director of mental retardation and	45958
developmental disabilities shall adopt rules in accordance with	45959
Chapter 119. of the Revised Code establishing uniform standards	45960
and procedures for the certification of persons for employment by	45961
county boards of mental retardation and developmental disabilities	45962
as superintendents, management employees, and professional	45963
employees and uniform standards and procedures for the	45964
registration of persons for employment by county boards as	45965
registered service employees. As part of the rules, the director	45966
may establish continuing education and professional training	45967
requirements for renewal of certificates and evidence of	45968
registration and shall establish such requirements for renewal of	45969
an investigative agent certificate. In the rules, the director	45970
shall establish certification standards for employment in the	45971
position of investigative agent that require an individual to have	45972
or obtain no less than an associate degree from an accredited	45973
college or university or have or obtain comparable experience or	45974
training. The director shall not adopt rules that require any	45975
service employee to have or obtain a bachelor's or higher degree.	45976

The director shall adopt the rules in a manner that provides	45977
for the issuance of certificates and evidence of registration	45978
according to categories, levels, and grades. The rules shall	45979
describe each category, level, and grade.	45980

The rules adopted under this division shall apply to persons	45981
employed or seeking employment in a position that includes	45982
directly providing, or supervising persons who directly provide,	45983
services or instruction to or on behalf of individuals with mental	45984
retardation or developmental disabilities, except that the rules	45985
shall not apply to persons who hold a valid license issued under	45986
Chapter 3319. of the Revised Code and perform no duties other than	45987
teaching or supervision of a teaching program or persons who hold	45988
a valid license or certificate issued under Title XLVII of the	45989
Revised Code and perform only those duties governed by the license	45990
or certificate. The rules shall specify the positions that require	45991
certification or registration. The rules shall specify that the	45992
position of investigative agent requires certification.	45993

(B) The director shall adopt rules in accordance with Chapter	45994
119. of the Revised Code establishing standards for approval of	45995
courses of study to prepare persons to meet certification	45996
requirements. The director shall approve courses of study meeting	45997
the standards and provide for the inspection of the courses to	45998
ensure the maintenance of satisfactory training procedures. The	45999
director shall approve courses of study only if given by a state	46000
university or college as defined in section 3345.32 of the Revised	46001
Code, a state university or college of another state, or an	46002
institution that has received a certificate of authorization to	46003
confer degrees from the board of regents pursuant to Chapter 1713.	46004
of the Revised Code or from a comparable agency of another state.	46005

(C) Each applicant for a certificate for employment or	46006
evidence of registration for employment by a county board shall	46007
apply to the department of mental retardation and developmental	46008
disabilities on forms that the director of the department shall	46009
prescribe and provide. The application shall be accompanied by the	46010
application fee established in rules adopted under this section.	46011

(D) The director shall issue a certificate for employment to	46012
each applicant who meets the standards for certification	46013
established under this section and shall issue evidence of	46014
registration for employment to each applicant who meets the	46015
standards for registration established under this section. Each	46016
certificate or evidence of registration shall state the category,	46017
level, and grade for which it is issued.	46018

The director shall issue, renew, deny, suspend, or revoke	46019
certificates and evidence of registration in accordance with rules	46020
adopted under this section. The director shall deny, suspend, or	46021
revoke a certificate or evidence of registration if the director	46022
finds, pursuant to an adjudication conducted in accordance with	46023
Chapter 119. of the Revised Code, that the applicant for or holder	46024
of the certificate or evidence of registration is guilty of	46025
intemperate, immoral, or other conduct unbecoming to the	46026
applicant's or holder's position, or is guilty of incompetence or	46027
negligence within the scope of the applicant's or holder's duties.	46028
The director shall deny or revoke a certificate or evidence of	46029
registration if the director finds, pursuant to an adjudication	46030
conducted in accordance with Chapter 119. of the Revised Code,	46031
that the applicant for or holder of the certificate or evidence of	46032
registration has been convicted of or pleaded guilty to any of the	46033
offenses described in division (E) of section 5126.28 of the	46034
Revised Code, unless the individual meets standards for	46035
rehabilitation that the director establishes in the rules adopted	46036
under that section. Evidence supporting such allegations shall be	46037
presented to the director in writing and the director shall	46038
provide prompt notice of the allegations to the person who is the	46039
subject of the allegations. A denial, suspension, or revocation	46040
may be appealed in accordance with procedures the director shall	46041
establish in the rules adopted under this section.	46042

(E)(1) A person holding a valid certificate under this	46043
section on the effective date of any rules adopted under this	46044
section that increase certification standards shall have such	46045
period as the rules prescribe, but not less than one year after	46046
the effective date of the rules, to meet the new certification	46047
standards.	46048

A person who is registered under this section on the	46049
effective date of any rule that changes the standards adopted	46050
under this section shall have such period as the rules prescribe,	46051
but not less than one year, to meet the new registration	46052
standards.	46053

(2) If an applicant for a certificate for employment has not	46054
completed the courses of instruction necessary to meet the	46055
department's standards for certification, the department shall	46056
inform the applicant of the courses the applicant must	46057
successfully complete to meet the standards and shall specify the	46058
time within which the applicant must complete the courses. The	46059
department shall grant the applicant at least one year to complete	46060
the courses and shall not require the applicant to complete more	46061
than four courses in any one year. The applicant is not subject to	46062
any changes regarding the courses required for certification that	46063
are made after the department informs the applicant of the courses	46064
the applicant must complete, unless the applicant does not	46065
successfully complete the courses within the time specified by the	46066
department.	46067

(F) A person who holds a certificate or evidence of	46068
registration, other than one designated as temporary, is qualified	46069
to be employed according to that certificate or evidence of	46070
registration by any county board.	46071

(G) The director shall monitor county boards to ensure that	46072
their employees who must be certified or registered are	46073
appropriately certified or registered and performing those	46074
functions they are authorized to perform under their certificate	46075
or evidence of registration.	46076

(H) A county board superintendent or the superintendent's	46077
designee may certify to the director that county board employees	46078
who are required to meet continuing education or professional	46079
training requirements as a condition of renewal of certificates or	46080
evidence of registration have met the requirements. The	46081
superintendent or the superintendent's designee shall maintain in	46082
appropriate personnel files evidence acceptable to the director	46083
that the employees have met the requirements and permit	46084
representatives of the department access to the evidence on	46085
request.	46086

(I) All fees collected pursuant to this section shall be	46087
deposited in the state treasury to the credit of the ~~employee~~	46088
~~certification and registration~~program fee fund~~, which is hereby~~	46089
created under section 5123.033 of the Revised Code. ~~Money credited~~	46090
~~to the fund shall be used solely for the operation of the~~	46091
~~certification and registration program established under this~~	46092
~~section and for providing continuing training to county board~~	46093
~~employees.~~	46094

(J) Employees of entities that contract with county boards of	46095
mental retardation and developmental disabilities to operate	46096
programs and services for individuals with mental retardation and	46097
developmental disabilities are subject to the certification and	46098
registration requirements established under section 5123.082 of	46099
the Revised Code.	46100

Sec. 5126.40. (A) Sections 5126.40 to 5126.47 of the Revised	46101
Code do not apply to medicaid-funded supported living.	46102

(B) As used in ~~this section and~~ sections ~~5126.41~~5126.40 to	46103
5126.47 of the Revised Code, "provider" means a person or	46104
government entity certified by the ~~department~~director of mental	46105
retardation and developmental disabilities to provide supported	46106
living for individuals with mental retardation and developmental	46107
disabilities.	46108

~~(B) This division is in effect until July 1, 1995. By~~	46109
~~adoption of a resolution by affirmative vote of a majority of its~~	46110
~~members, a county board of mental retardation and developmental~~	46111
~~disabilities shall have authority to plan and develop supported~~	46112
~~living for individuals with mental retardation and developmental~~	46113
~~disabilities who are residents of the county and, as provided in~~	46114
~~sections 5126.41 to 5126.47 of the Revised Code, contract with~~	46115
~~providers and enter into shared funding arrangements. The board's~~	46116
~~authority under this division is effective on the department's~~	46117
~~receipt of the resolution.~~	46118

(C) On and after July 1, 1995, each county board shall plan	46119
and develop supported living for individuals with mental	46120
retardation and developmental disabilities who are residents of	46121
the county in accordance with sections 5126.41 to 5126.47 of the	46122
Revised Code.	46123

Sec. 5126.42. (A) A county board of mental retardation and	46124
developmental disabilities shall establish an advisory council	46125
composed of board members or employees of the board, providers,	46126
individuals receiving supported living, and advocates for	46127
individuals receiving supported living to provide on-going	46128
communication among all persons concerned with supported living.	46129

(B) The board shall develop procedures for the resolution of	46130
grievances between the board and providers or between the board	46131
and an entity with which it has a shared funding agreement.	46132

(C) The board shall develop and implement a provider	46133
selection system. Each system shall enable an individual to choose	46134
to continue receiving supported living from the same providers, to	46135
select additional providers, or to choose alternative providers.	46136
Annually, the board shall review its provider selection system to	46137
determine whether it has been implemented in a manner that allows	46138
individuals fair and equitable access to providers.	46139

In developing a provider selection system, the county board	46140
shall create a pool of providers for individuals to use in	46141
choosing their providers of supported living. The pool shall be	46142
created by placing in the pool all providers on record with the	46143
board or by placing in the pool all providers approved by the	46144
board through soliciting requests for proposals for supported	46145
living contracts. In either case, only providers that are	46146
certified by the ~~department~~director of mental retardation and	46147
developmental disabilities ~~and in compliance with the quality~~	46148
~~assurance standards established in rules adopted by the department~~	46149
may be placed in the pool.	46150

If the board places all providers on record in the pool, the	46151
board shall review the pool at least annually to determine whether	46152
each provider has continued interest in being a provider and has	46153
maintained its certification by the department. At any time, an	46154
interested and certified provider may make a request to the board	46155
that it be added to the pool, and the board shall add the provider	46156
to the pool not later than seven days after receiving the request.	46157

If the board solicits requests for proposals for inclusion of	46158
providers in the pool, the board shall develop standards for	46159
selecting the providers to be included. Requests for proposals	46160
shall be solicited at least annually. When requests are solicited,	46161
the board shall cause legal notices to be published at least once	46162
each week for two consecutive weeks in a newspaper with general	46163
circulation within the county. The board's formal request for	46164
proposals shall include a description of any applicable contract	46165
terms, the standards that are used to select providers for	46166
inclusion in the pool, and the process the board uses to resolve	46167
disputes arising from the selection process. The board shall	46168
accept requests from any entity interested in being a provider of	46169
supported living for individuals served by the board. Requests	46170
shall be approved or denied according to the standards developed	46171
by the board. Providers that previously have been placed in the	46172
pool are not required to resubmit a request for proposal to be	46173
included in the pool, unless the board's standards have been	46174
changed.	46175

In assisting an individual in choosing a provider, the county	46176
board shall provide the individual with uniform and consistent	46177
information pertaining to each provider in the pool~~, including the~~	46178
~~provider evaluations conducted under section 5126.431 of the~~	46179
~~Revised Code on and after July 1, 1995~~. An individual may choose	46180
to receive supported living from a provider that is not included	46181
in the pool, if the provider is certified by the ~~department~~	46182
director of mental retardation and developmental disabilities ~~and~~	46183
~~in compliance with the quality assurance standards established in~~	46184
~~rules adopted by the department~~.	46185

Sec. 5126.43. (A) After receiving notice from the department	46186
of mental retardation and developmental disabilities of the amount	46187
of state funds to be distributed to it ~~under section 5126.44 of~~	46188
~~the Revised Code~~for planning, developing, contracting for, and	46189
providing supported living, the county board of mental retardation	46190
and developmental disabilities shall arrange for supported living	46191
on behalf of and with the consent of individuals based on their	46192
individual service plans developed under section 5126.41 of the	46193
Revised Code. With the state distribution and any other money	46194
designated by the board for supported living, the board shall	46195
arrange for supported living in one or more of the following ways:	46196

(1) By contracting under section 5126.45 of the Revised Code	46197
with providers selected by the individual to be served;	46198

(2) By entering into shared funding agreements with state	46199
agencies, local public agencies, or political subdivisions at	46200
rates negotiated by the board;	46201

(3) By providing direct payment or vouchers to be used to	46202
purchase supported living, pursuant to a written contract in an	46203
amount determined by the board, to the individual or a person	46204
providing the individual with protective services as defined in	46205
section 5123.55 of the Revised Code.	46206

(B) ~~When the board contracts for supported living on behalf~~	46207
~~of an individual, the~~The board may ~~contract~~arrange for supported	46208
living only with providers that are certified by the ~~department~~	46209
director of mental retardation and developmental disabilities ~~and~~	46210
~~are in compliance with the quality assurance standards established~~	46211
~~in rules adopted by the department. The contract terms shall be as~~	46212
~~provided in section 5126.45 of the Revised Code~~.	46213

When no certified provider is willing and able to provide	46214
supported living for an individual in accordance with the terms of	46215
the individual service plan for that individual, a county board	46216
may provide supported living directly, if it ~~complies with~~	46217
~~certification and quality assurance standards established by the~~	46218
~~department~~is certified by the director of mental retardation and	46219
developmental disabilities to provide supported living.	46220

A county board may, for a period not to exceed ninety days,	46221
contract for or provide supported living without meeting the	46222
requirements of this section for an individual it determines to be	46223
in emergency need of supported living. Thereafter, the individual	46224
shall choose providers in accordance with sections 5126.41 and	46225
5126.42 of the Revised Code.	46226

Sec. 5126.45. (A) A contract between a county board of	46227
mental retardation and developmental disabilities and a provider	46228
of supported living shall be in writing and shall be based on the	46229
individual service plan developed by the individual under section	46230
5126.41 of the Revised Code. The plan may be submitted as an	46231
addendum to the contract. An individual receiving services	46232
pursuant to a contract shall be considered a third-party	46233
beneficiary to the contract.	46234

~~The board shall not contract with a provider to provide a~~	46235
~~residence to a person to whom the provider is providing other~~	46236
~~supported living services, unless one of the following applies:~~	46237

~~(1) The provider is under contract with the board for both~~	46238
~~residence and services on July 17, 1990, and the contract is being~~	46239
~~renewed.~~	46240

~~(2) The provider has a contract being transferred from the~~	46241
~~state to the county board under section 5126.451 of the Revised~~	46242
~~Code and the contract is being renewed.~~	46243

~~(3) The provider lives in the residence and provides services~~	46244
~~to not more than three persons who reside in the residence at any~~	46245
~~one time.~~	46246

~~(4) The provider is an association of family members related~~	46247
~~to two or more of the persons who reside in the residence and~~	46248
~~provides services to not more than four persons who reside in the~~	46249
~~residence at any one time.~~	46250

(B) The contract shall be negotiated between the provider and	46251
the county board. The terms of the contract shall include at least	46252
the following:	46253

(1) The contract period and conditions for renewal;

46254

(2) The services to be provided pursuant to the individual	46255
service plan;	46256

(3) The rights and responsibilities of all parties to the	46257
contract;	46258

(4) The methods that will be used to evaluate the services	46259
delivered by the provider;	46260

(5) Procedures for contract modification that ensure all	46261
parties affected by the modification are involved and agree;	46262

(6) A process for resolving conflicts between individuals	46263
receiving services, the county board, and the provider, as	46264
applicable;	46265

(7) Procedures for the retention of applicable records;

46266

(8) Provisions for contract termination by any party involved	46267
that include requirements for an appropriate notice of intent to	46268
terminate the contract;	46269

(9) Methods to be used to document services provided;

46270

(10) Procedures for submitting reports required by the county	46271
board as a condition of receiving payment under the contract;	46272

(11) The method and schedule the board will use to make	46273
payments to the provider and whether periodic payment adjustments	46274
will be made to the provider;	46275

(12) Provisions for conducting fiscal reconciliations for	46276
payments made through methods other than a fee-for-service	46277
arrangement.	46278

(C) Payments to the provider under a supported living	46279
contract must be determined by the board to be reasonable in	46280
accordance with policies and procedures developed by the board.	46281
Goods or services provided without charge to the provider shall	46282
not be included as expenditures of the provider.	46283

(D) The board shall establish procedures for reconciling	46284
expenditures and payments, other than those made under a	46285
fee-for-service arrangement, for the prior contract year when a	46286
contract is not renewed and shall reconcile expenditures and	46287
payments in accordance with these procedures.	46288

(E) A provider or an entity with which the board has entered	46289
into a shared funding agreement may appeal a negotiated contract	46290
or proposed shared funding rate to the county board using the	46291
procedures established by the board under section 5126.42 of the	46292
Revised Code.	46293

Sec. 5126.47. A county board of mental retardation and	46294
developmental disabilities ~~that has adopted a resolution under~~	46295
~~section 5126.40 of the Revised Code~~ may, pursuant to a resolution	46296
adopted by an affirmative vote of the majority of its members,	46297
establish, by agreement with one or more other county boards of	46298
mental retardation and developmental disabilities, a residential	46299
services consortium to jointly provide residential services and	46300
supported living. The agreement shall designate one board to	46301
assume the fiscal responsibilities for the consortium. The county	46302
auditor of the designated county shall establish a community	46303
mental retardation and developmental disabilities residential	46304
services fund for the consortium. Each board that is a member of	46305
the consortium shall cause to be deposited in the fund ~~all moneys~~	46306
~~distributed to it by the department of mental retardation and~~	46307
~~developmental disabilities under section 5126.44 of the Revised~~	46308
~~Code and~~ any ~~other~~ state or federal money received for community	46309
residential services the county board has agreed to contribute to	46310
the consortium.	46311

Sec. 5139.43. (A) The department of youth services shall	46312
operate a felony delinquent care and custody program that shall be	46313
operated in accordance with the formula developed pursuant to	46314
section 5139.41 of the Revised Code, subject to the conditions	46315
specified in this section.	46316

(B)(1) Each juvenile court shall use the moneys disbursed to	46317
it by the department of youth services pursuant to division (B) of	46318
section 5139.41 of the Revised Code in accordance with the	46319
applicable provisions of division (B)(2) of this section and shall	46320
transmit the moneys to the county treasurer for deposit in	46321
accordance with this division. The county treasurer shall create	46322
in the county treasury a fund that shall be known as the felony	46323
delinquent care and custody fund and shall deposit in that fund	46324
the moneys disbursed to the juvenile court pursuant to division	46325
(B) of section 5139.41 of the Revised Code. The county treasurer	46326
also shall deposit into that fund the state subsidy funds granted	46327
to the county pursuant to section 5139.34 of the Revised Code. The	46328
moneys disbursed to the juvenile court pursuant to division (B) of	46329
section 5139.41 of the Revised Code and deposited pursuant to this	46330
division in the felony delinquent care and custody fund shall not	46331
be commingled with any other county funds except state subsidy	46332
funds granted to the county pursuant to section 5139.34 of the	46333
Revised Code; shall not be used for any capital construction	46334
projects; upon an order of the juvenile court and subject to	46335
appropriation by the board of county commissioners, shall be	46336
disbursed to the juvenile court for use in accordance with the	46337
applicable provisions of division (B)(2) of this section; shall	46338
not revert to the county general fund at the end of any fiscal	46339
year; and shall carry over in the felony delinquent care and	46340
custody fund from the end of any fiscal year to the next fiscal	46341
year. At the end of each fiscal year, beginning June 30, 2008, the	46342
balance in the felony delinquent care and custody fund in any	46343
county shall not exceed the total moneys allocated to the county	46344
pursuant to sections 5139.34 and 5139.41 of the Revised Code	46345
during the previous fiscal year, unless that county has applied	46346
for and been granted an exemption by the director of youth	46347
services. The department shall withhold from future payments to a	46348
county an amount equal to any moneys in the felony delinquent care	46349
and custody fund of the county that exceed the total moneys	46350
allocated pursuant to those sections to the county during the	46351
preceding fiscal year and shall reallocate the withheld amount.	46352
The department shall adopt rules for the withholding and	46353
reallocation of moneys disbursed under sections 5139.34 and	46354
5139.41 of the Revised Code and for the criteria and process for a	46355
county to obtain an exemption from the withholding requirement.	46356
The moneys disbursed to the juvenile court pursuant to division	46357
(B) of section 5139.41 of the Revised Code and deposited pursuant	46358
to this division in the felony delinquent care and custody fund	46359
shall be in addition to, and shall not be used to reduce, any	46360
usual annual increase in county funding that the juvenile court is	46361
eligible to receive or the current level of county funding of the	46362
juvenile court and of any programs or services for delinquent	46363
children, unruly children, or juvenile traffic offenders.	46364

(2)(a) A county and the juvenile court that serves the county	46365
shall use the moneys in its felony delinquent care and custody	46366
fund in accordance with rules that the department of youth	46367
services adopts pursuant to division (D) of section 5139.04 of the	46368
Revised Code and as follows:	46369

(i) The moneys in the fund that represent state subsidy funds	46370
granted to the county pursuant to section 5139.34 of the Revised	46371
Code shall be used to aid in the support of prevention, early	46372
intervention, diversion, treatment, and rehabilitation programs	46373
that are provided for alleged or adjudicated unruly children or	46374
delinquent children or for children who are at risk of becoming	46375
unruly children or delinquent children. The county shall not use	46376
for capital improvements more than fifteen per cent of the moneys	46377
in the fund that represent the applicable annual grant of those	46378
state subsidy funds.	46379

(ii) The moneys in the fund that were disbursed to the	46380
juvenile court pursuant to division (B) of section 5139.41 of the	46381
Revised Code and deposited pursuant to division (B)(1) of this	46382
section in the fund shall be used to provide programs and services	46383
for the training, treatment, or rehabilitation of felony	46384
delinquents that are alternatives to their commitment to the	46385
department, including, but not limited to, community residential	46386
programs, day treatment centers, services within the home, and	46387
electronic monitoring, and shall be used in connection with	46388
training, treatment, rehabilitation, early intervention, or other	46389
programs or services for any delinquent child, unruly child, or	46390
juvenile traffic offender who is under the jurisdiction of the	46391
juvenile court.	46392

The fund also may be used for prevention, early intervention,	46393
diversion, treatment, and rehabilitation programs that are	46394
provided for alleged or adjudicated unruly children, delinquent	46395
children, or juvenile traffic offenders or for children who are at	46396
risk of becoming unruly children, delinquent children, or juvenile	46397
traffic offenders. Consistent with division (B)(1) of this	46398
section, a county and the juvenile court of a county shall not use	46399
any of those moneys for capital construction projects.	46400

(iii) The county and the juvenile court that serves the	46401
county may not use moneys in the fund for the provision of care	46402
and services for children, including, but not limited to, care and	46403
services in a detention facility, in another facility, or in	46404
out-of-home placement, unless the minimum standards that apply to	46405
the care and services and that the department prescribes in rules	46406
adopted pursuant to division (D) of section 5139.04 of the Revised	46407
Code have been satisfied.	46408

(b) Each juvenile court shall comply with division (B)(3)(d)	46409
of this section as implemented by the department.	46410

(3) In accordance with rules adopted by the department	46411
pursuant to division (D) of section 5139.04 of the Revised Code,	46412
each juvenile court and the county served by that juvenile court	46413
shall do all of the following that apply:	46414

(a) The juvenile court shall prepare an annual grant	46415
agreement and application for funding that satisfies the	46416
requirements of this section and section 5139.34 of the Revised	46417
Code and that pertains to the use, upon an order of the juvenile	46418
court and subject to appropriation by the board of county	46419
commissioners, of the moneys in its felony delinquent care and	46420
custody fund for specified programs, care, and services as	46421
described in division (B)(2)(a) of this section, shall submit that	46422
agreement and application to the county family and children first	46423
council, the regional family and children first council, or the	46424
local intersystem services to children cluster as described in	46425
sections 121.37 and 121.38 of the Revised Code, whichever is	46426
applicable, and shall file that agreement and application with the	46427
department for its approval. The annual grant agreement and	46428
application for funding shall include a method of ensuring equal	46429
access for minority youth to the programs, care, and services	46430
specified in it.	46431

The department may approve an annual grant agreement and	46432
application for funding only if the juvenile court involved has	46433
complied with the preparation, submission, and filing requirements	46434
described in division (B)(3)(a) of this section. If the juvenile	46435
court complies with those requirements and the department approves	46436
that agreement and application, the juvenile court and the county	46437
served by the juvenile court may expend the state subsidy funds	46438
granted to the county pursuant to section 5139.34 of the Revised	46439
Code only in accordance with division (B)(2)(a) of this section,	46440
the rules pertaining to state subsidy funds that the department	46441
adopts pursuant to division (D) of section 5139.04 of the Revised	46442
Code, and the approved agreement and application.	46443

(b) By the thirty-first day of August of each year, the	46444
juvenile court shall file with the department a report that	46445
contains all of the statistical and other information for each	46446
month of the prior state fiscal year. If the juvenile court fails	46447
to file the report required by division (B)(3)(b) of this section	46448
by the thirty-first day of August of any year, the department	46449
shall not disburse any payment of state subsidy funds to which the	46450
county otherwise is entitled pursuant to section 5139.34 of the	46451
Revised Code and shall not disburse pursuant to division (B) of	46452
section 5139.41 of the Revised Code the applicable allocation	46453
until the juvenile court fully complies with division (B)(3)(b) of	46454
this section.	46455

(c) If the department requires the juvenile court to prepare	46456
monthly statistical reports and to submit the reports on forms	46457
provided by the department, the juvenile court shall file those	46458
reports with the department on the forms so provided. If the	46459
juvenile court fails to prepare and submit those monthly	46460
statistical reports within the department's timelines, the	46461
department shall not disburse any payment of state subsidy funds	46462
to which the county otherwise is entitled pursuant to section	46463
5139.34 of the Revised Code and shall not disburse pursuant to	46464
division (B) of section 5139.41 of the Revised Code the applicable	46465
allocation until the juvenile court fully complies with division	46466
(B)(3)(c) of this section. If the juvenile court fails to prepare	46467
and submit those monthly statistical reports within one hundred	46468
eighty days of the date the department establishes for their	46469
submission, the department shall not disburse any payment of state	46470
subsidy funds to which the county otherwise is entitled pursuant	46471
to section 5139.34 of the Revised Code and shall not disburse	46472
pursuant to division (B) of section 5139.41 of the Revised Code	46473
the applicable allocation, and the state subsidy funds and the	46474
remainder of the applicable allocation shall revert to the	46475
department. If a juvenile court states in a monthly statistical	46476
report that the juvenile court adjudicated within a state fiscal	46477
year five hundred or more children to be delinquent children for	46478
committing acts that would be felonies if committed by adults and	46479
if the department determines that the data in the report may be	46480
inaccurate, the juvenile court shall have an independent auditor	46481
or other qualified entity certify the accuracy of the data on a	46482
date determined by the department.	46483

(d) If the department requires the juvenile court and the	46484
county to participate in a fiscal monitoring program or another	46485
monitoring program that is conducted by the department to ensure	46486
compliance by the juvenile court and the county with division (B)	46487
of this section, the juvenile court and the county shall	46488
participate in the program and fully comply with any guidelines	46489
for the performance of audits adopted by the department pursuant	46490
to that program and all requests made by the department pursuant	46491
to that program for information necessary to reconcile fiscal	46492
accounting. If an audit that is performed pursuant to a fiscal	46493
monitoring program or another monitoring program described in this	46494
division determines that the juvenile court or the county used	46495
moneys in the county's felony delinquent care and custody fund for	46496
expenses that are not authorized under division (B) of this	46497
section, within forty-five days after the department notifies the	46498
county of the unauthorized expenditures, the county either shall	46499
repay the amount of the unauthorized expenditures from the county	46500
general revenue fund to the state's general revenue fund or shall	46501
file a written appeal with the department. If an appeal is timely	46502
filed, the director of the department shall render a decision on	46503
the appeal and shall notify the appellant county or its juvenile	46504
court of that decision within forty-five days after the date that	46505
the appeal is filed. If the director denies an appeal, the	46506
county's fiscal agent shall repay the amount of the unauthorized	46507
expenditures from the county general revenue fund to the state's	46508
general revenue fund within thirty days after receiving the	46509
director's notification of the appeal decision. If the county	46510
fails to make the repayment within that thirty-day period and if	46511
the unauthorized expenditures pertain to moneys allocated under	46512
sections 5139.41 to 5139.43 of the Revised Code, the department	46513
shall deduct the amount of the unauthorized expenditures from the	46514
next allocation of those moneys to the county in accordance with	46515
this section or from the allocations that otherwise would be made	46516
under those sections to the county during the next state fiscal	46517
year in accordance with this section and shall return that	46518
deducted amount to the state's general revenue fund. If the county	46519
fails to make the repayment within that thirty-day period and if	46520
the unauthorized expenditures pertain to moneys granted pursuant	46521
to section 5139.34 of the Revised Code, the department shall	46522
deduct the amount of the unauthorized expenditures from the next	46523
annual grant to the county pursuant to that section and shall	46524
return that deducted amount to the state's general revenue fund.	46525

(C) The determination of which county a reduction of the	46526
care and custody allocation will be charged against for a	46527
particular youth shall be made as outlined below for all youths	46528
who do not qualify as public safety beds. The determination of	46529
which county a reduction of the care and custody allocation will	46530
be charged against shall be made as follows until each youth is	46531
released:	46532

(1) In the event of a commitment, the reduction shall be	46533
charged against the committing county.	46534

(2) In the event of a recommitment, the reduction shall be	46535
charged against the original committing county until the	46536
expiration of the minimum period of institutionalization under the	46537
original order of commitment or until the date on which the youth	46538
is admitted to the department of youth services pursuant to the	46539
order of recommitment, whichever is later. Reductions of the	46540
allocation shall be charged against the county that recommitted	46541
the youth after the minimum expiration date of the original	46542
commitment.	46543

(3) In the event of a revocation of a release on parole, the	46544
reduction shall be charged against the county that revokes the	46545
youth's parole.	46546

(D) A juvenile court is not precluded by its allocation	46547
amount for the care and custody of felony delinquents from	46548
committing a felony delinquent to the department of youth services	46549
for care and custody in an institution or a community corrections	46550
facility when the juvenile court determines that the commitment is	46551
appropriate.	46552

Sec. 5302.221. (A) As used in this section:

46553

"Estate" has the same meaning as in section 5111.11 of the	46554
Revised Code.	46555

"Medicaid estate recovery program" means the program	46556
instituted under section 5111.11 of the Revised Code.	46557

(B) The administrator of the medicaid estate recovery program	46558
shall prescribe a form on which a beneficiary of a transfer on	46559
death deed as provided in section 5302.22 of the Revised Code, who	46560
survives the deceased owner of the real property or an interest in	46561
the real property or that is in existence on the date of death of	46562
the deceased owner, or such a beneficiary's representative is to	46563
indicate both of the following:	46564

(1) Whether the deceased owner was either of the following:

46565

(a) A decedent subject to the medicaid estate recovery	46566
program;	46567

(b) The spouse of a decedent subject to the medicaid estate	46568
recovery program.	46569

(2) Whether the real property or interest in the real	46570
property was part of the estate of a decedent subject to the	46571
medicaid estate recovery program.	46572

(C) A county recorder shall obtain a properly completed form	46573
prescribed under division (B) of this section from the beneficiary	46574
of a transfer on death deed or the beneficiary's representative	46575
and send a copy of the form to the administrator of the medicaid	46576
estate recovery program before recording the transfer of the real	46577
property or interest in the real property under division (C) of	46578
section 5302.22 of the Revised Code.	46579

Sec. 5302.30. (A) As used in this section:

46580

(1) "Good faith" means honesty in fact in a transaction	46581
involving the transfer of residential real property.	46582

(2) "Land installment contract" has the same meaning as in	46583
section 5313.01 of the Revised Code.	46584

(3) "Political subdivision" and "state" have the same	46585
meanings as in section 2744.01 of the Revised Code.	46586

(4) "Residential real property" means real property that is	46587
improved by a building or other structure that has one to four	46588
dwelling units.	46589

(B)(1) Except as provided in division (B)(2) of this section,	46590
this section applies to any transfer of residential real property	46591
that occurs on or after July 1, 1993, by sale, land installment	46592
contract, lease with option to purchase, exchange, or lease for a	46593
term of ninety-nine years and renewable forever. For purposes of	46594
this section, a transfer occurs when the initial contract for	46595
transfer is executed, regardless of when legal title is	46596
transferred, and references in this section to transfer offers and	46597
transfer agreements refer to offers and agreements in respect of	46598
the initial contract for transfer.	46599

(2) This section does not apply to any transfer of	46600
residential real property that is any of the following:	46601

(a) A transfer pursuant to court order, including, but not	46602
limited to, a transfer ordered by a probate court during the	46603
administration of a decedent's estate, a transfer pursuant to a	46604
writ of execution, a transfer by a trustee in bankruptcy, a	46605
transfer as a result of the exercise of the power of eminent	46606
domain, and a transfer that results from a decree for specific	46607
performance of a contract or other agreement between persons;	46608

(b) A transfer to a mortgagee by a mortgagor by deed in lieu	46609
of foreclosure or in satisfaction of the mortgage debt;	46610

(c) A transfer to a beneficiary of a deed of trust by a	46611
trustor in default;	46612

(d) A transfer by a foreclosure sale that follows a default	46613
in the satisfaction of an obligation secured by a mortgage;	46614

(e) A transfer by a sale under a power of sale following a	46615
default in the satisfaction of an obligation that is secured by a	46616
deed of trust or another instrument containing a power of sale;	46617

(f) A transfer by a mortgagee, or a beneficiary under a deed	46618
of trust, who has acquired the residential real property at a sale	46619
conducted pursuant to a power of sale under a mortgage or a deed	46620
of trust or who has acquired the residential real property by a	46621
deed in lieu of foreclosure;	46622

(g) A transfer by a fiduciary in the course of the	46623
administration of a decedent's estate, a guardianship, a	46624
conservatorship, or a trust;	46625

(h) A transfer from one co-owner to one or more other	46626
co-owners;	46627

(i) A transfer made to the transferor's spouse or to one or	46628
more persons in the lineal line of consanguinity of one or more of	46629
the transferors;	46630

(j) A transfer between spouses or former spouses as a result	46631
of a decree of divorce, dissolution of marriage, annulment, or	46632
legal separation or as a result of a property settlement agreement	46633
incidental to a decree of divorce, dissolution of marriage,	46634
annulment, or legal separation;	46635

(k) A transfer to or from the state, a political subdivision	46636
of the state, or another governmental entity;	46637

(l) A transfer that involves newly constructed residential	46638
real property that previously has not been inhabited;	46639

(m) A transfer to a transferee who has occupied the property	46640
as a personal residence for one or more years immediately prior to	46641
the transfer;	46642

(n) A transfer from a transferor who both has not occupied	46643
the property as a personal residence within one year immediately	46644
prior to the transfer and has acquired the property through	46645
inheritance or devise.	46646

(C) Except as provided in division (B)(2) of this section and	46647
subject to divisions (E) and (F) of this section, every person who	46648
intends to transfer any residential real property on or after July	46649
1, 1993, by sale, land installment contract, lease with option to	46650
purchase, exchange, or lease for a term of ninety-nine years and	46651
renewable forever shall complete all applicable items in a	46652
property disclosure form prescribed under division (D) of this	46653
section and shall deliver in accordance with division (I) of this	46654
section a signed and dated copy of the completed form to each	46655
prospective transferee or prospective transferee's agent as soon	46656
as is practicable.	46657

(D)~~(1)~~ Prior to July 1, 1993, the director of commerce, by	46658
rule adopted in accordance with Chapter 119. of the Revised Code,	46659
shall prescribe the disclosure form to be completed by	46660
transferors. The form prescribed by the director shall be designed	46661
to permit the transferor to disclose material matters relating to	46662
the physical condition of the property to be transferred,	46663
including, but not limited to, the source of water supply to the	46664
property; the nature of the sewer system serving the property; the	46665
condition of the structure of the property, including the roof,	46666
foundation, walls, and floors; the presence of hazardous materials	46667
or substances, including lead-based paint, asbestos,	46668
urea-formaldehyde foam insulation, and radon gas; and any material	46669
defects in the property that are within the actual knowledge of	46670
the transferor.	46671

The form also shall set forth a statement of the purpose of	46672
the form, including statements substantially similar to the	46673
following: that the form constitutes a statement of the conditions	46674
of the property and of information concerning the property	46675
actually known by the transferor; that, unless the transferee is	46676
otherwise advised in writing, the transferor, other than having	46677
lived at or owning the property, possesses no greater knowledge	46678
than that which could be obtained by a careful inspection of the	46679
property by a potential transferee; that the statement is not a	46680
warranty of any kind by the transferor or by any agent or subagent	46681
representing the transferor in this transaction; that the	46682
statement is not a substitute for any inspections; that the	46683
transferee is encouraged to obtain the transferee's own	46684
professional inspection; that the representations are made by the	46685
transferor and are not the representations of the transferor's	46686
agent or subagent; and that the form and the representations	46687
contained therein are provided by the transferor exclusively to	46688
potential transferees in a transfer made by the transferor, and	46689
are not made to transferees in any subsequent transfers.	46690

The form shall include instructions to the transferor for	46691
completing the form, space in which the transferor or transferors	46692
shall sign and date the form, and space in which the transferee or	46693
transferees shall sign and date the form acknowledging receipt of	46694
a copy of the form and stating that the transferee or transferees	46695
understand the purpose of the form as stated thereon.	46696

~~(2) Not later than January 1, 2006, the director shall revise~~	46697
~~the disclosure form to include a statement that information on the~~	46698
~~operation and maintenance of the type of sewage treatment system~~	46699
~~serving the property is available from the department of health or~~	46700
~~the board of health of the health district in which the property~~	46701
~~is located.~~	46702

~~As used in this section, "sewage treatment system" has the~~	46703
~~same meaning as in section 3718.01 of the Revised Code.~~	46704

(E)(1) Each disclosure of an item of information that is	46705
required to be made in the property disclosure form prescribed	46706
under division (D) of this section in connection with particular	46707
residential real property and each act that may be performed in	46708
making any disclosure of an item of information shall be made or	46709
performed in good faith.	46710

(2) If an item of information is unknown to the transferor of	46711
residential real property at the time the item is required to be	46712
disclosed in the property disclosure form and if the approximation	46713
is not used for the purpose of circumventing or otherwise evading	46714
divisions (C) and (D) of this section, the transferor may make a	46715
good faith approximation of the item of information.	46716

(F)(1) A transferor of residential real property is not	46717
liable in damages in a civil action for injury, death, or loss to	46718
person or property that allegedly arises from any error in,	46719
inaccuracy of, or omission of any item of information required to	46720
be disclosed in the property disclosure form if the error,	46721
inaccuracy, or omission was not within the transferor's actual	46722
knowledge.	46723

(2) If any item of information that is disclosed in the	46724
property disclosure form is rendered inaccurate after the delivery	46725
of the form to the transferee of residential real property or the	46726
transferee's agent as a result of any act, occurrence, or	46727
agreement, the subsequent inaccuracy does not cause, and shall not	46728
be construed as causing, the transferor of the residential real	46729
property to be in noncompliance with the requirements of divisions	46730
(C) and (D) of this section.	46731

(G) Any disclosure of an item of information in the property	46732
disclosure form prescribed under division (D) of this section may	46733
be amended in writing by the transferor of residential real	46734
property at any time following the delivery of the form in	46735
accordance with divisions (C) and (I) of this section. The	46736
amendment shall be subject to this section.	46737

(H) Except as provided in division (B)(2) of this section,	46738
every prospective transferee of residential real property who	46739
receives in accordance with division (C) of this section a signed	46740
and dated copy of a completed property disclosure form as	46741
prescribed under division (D) of this section shall acknowledge	46742
receipt of the form by doing both of the following:	46743

(1) Signing and dating a copy of the form;

46744

(2) Delivering a signed and dated copy of the form to the	46745
transferor or the transferor's agent or subagent.	46746

(I) The transferor's delivery under division (C) of this	46747
section of a property disclosure form as prescribed under division	46748
(D) of this section and the prospective transferee's delivery	46749
under division (H) of this section of an acknowledgment of receipt	46750
of that form shall be made by personal delivery to the other party	46751
or the other party's agent or subagent, by ordinary mail or	46752
certified mail, return receipt requested, or by facsimile	46753
transmission. For the purposes of the delivery requirements of	46754
this section, the delivery of a property disclosure form to a	46755
prospective co-transferee of residential real property or a	46756
prospective co-transferee's agent shall be considered delivery to	46757
the other prospective transferees unless otherwise provided by	46758
contract.	46759

(J) The specification of items of information that must be	46760
disclosed in the property disclosure form as prescribed under	46761
division (D)~~(1)~~ of this section does not limit or abridge, and	46762
shall not be construed as limiting or abridging, any obligation to	46763
disclose an item of information that is created by any other	46764
provision of the Revised Code or the common law of this state or	46765
that may exist in order to preclude fraud, either by	46766
misrepresentation, concealment, or nondisclosure in a transaction	46767
involving the transfer of residential real property. The	46768
disclosure requirements of this section do not bar, and shall not	46769
be construed as barring, the application of any legal or equitable	46770
defense that a transferor of residential real property may assert	46771
in a civil action commenced against the transferor by a	46772
prospective or actual transferee of that property.	46773

(K)(1) Except as provided in division (K)(2) of this section,	46774
but subject to divisions (J) and (L) of this section, a transfer	46775
of residential real property that is subject to this section shall	46776
not be invalidated because of the failure of the transferor to	46777
provide to the transferee in accordance with division (C) of this	46778
section a completed property disclosure form as prescribed under	46779
division (D) of this section.	46780

(2) Subject to division (K)(3)(c) of this section, if a	46781
transferee of residential real property that is subject to this	46782
section receives a property disclosure form or an amendment of	46783
that form as described in division (G) of this section after the	46784
transferee has entered into a transfer agreement with respect to	46785
the property, the transferee, after receipt of the form or	46786
amendment, may rescind the transfer agreement in a written,	46787
signed, and dated document that is delivered to the transferor or	46788
the transferor's agent or subagent in accordance with divisions	46789
(K)(3)(a) and (b) of this section, without incurring any legal	46790
liability to the transferor because of the rescission, including,	46791
but not limited to, a civil action for specific performance of the	46792
transfer agreement. Upon the rescission of the transfer agreement,	46793
the transferee is entitled to the return of, and the transferor	46794
shall return, any deposits made by the transferee in connection	46795
with the proposed transfer of the residential real property.	46796

(3)(a) Subject to division (K)(3)(b) of this section, a	46797
rescission of a transfer agreement under division (K)(2) of this	46798
section only may occur if the transferee's written, signed, and	46799
dated document of rescission is delivered to the transferor or the	46800
transferor's agent or subagent within three business days	46801
following the date on which the transferee or the transferee's	46802
agent receives the property disclosure form prescribed under	46803
division (D) of this section or the amendment of that form as	46804
described in division (G) of this section.	46805

(b) A transferee may not rescind a transfer agreement under	46806
division (K)(2) of this section unless the transferee rescinds the	46807
transfer agreement by the earlier of the date that is thirty days	46808
after the date upon which the transferor accepted the transferee's	46809
transfer offer or the date of the closing of the transfer of the	46810
residential real property.	46811

(c) A transferee of residential real property may waive the	46812
right of rescission of a transfer agreement described in division	46813
(K)(2) of this section.	46814

(d) A rescission of a transfer agreement is not permissible	46815
under division (K)(2) of this section if a transferee of	46816
residential real property that is subject to this section receives	46817
a property disclosure form as prescribed under division (D) of	46818
this section or an amendment of that form as described in division	46819
(G) of this section prior to the transferee's submission to the	46820
transferor or the transferor's agent or subagent of a transfer	46821
offer and the transferee's entry into a transfer agreement with	46822
respect to the property.	46823

(4) If a transferee of residential real property subject to	46824
this section does not receive a property disclosure form from the	46825
transferor after the transferee has submitted to the transferor or	46826
the transferor's agent or subagent a transfer offer and has	46827
entered into a transfer agreement with respect to the property,	46828
the transferee may rescind the transfer agreement in a written,	46829
signed, and dated document that is delivered to the transferor or	46830
the transferor's agent or subagent in accordance with division	46831
(K)(4) of this section without incurring any legal liability to	46832
the transferor because of the rescission, including, but not	46833
limited to, a civil action for specific performance of the	46834
transfer agreement. Upon the rescission of the transfer agreement,	46835
the transferee is entitled to the return of, and the transferor	46836
shall return, any deposits made by the transferee in connection	46837
with the proposed transfer of the residential real property. A	46838
transferee may not rescind a transfer agreement under division	46839
(K)(4) of this section unless the transferee rescinds the transfer	46840
agreement by the earlier of the date that is thirty days after the	46841
date upon which the transferor accepted the transferee's transfer	46842
offer or the date of the closing of the transfer of the	46843
residential real property.	46844

(L) The right of rescission of a transfer agreement described	46845
in division (K)(2) of this section or the absence of that right	46846
does not affect, and shall not be construed as affecting, any	46847
other legal causes of action or other remedies that a transferee	46848
or prospective transferee of residential real property may possess	46849
against the transferor of that property.	46850

Sec. 5309.082. (A) As used in this section:

46851

"Estate" has the same meaning as in section 5111.11 of the	46852
Revised Code.	46853

"Medicaid estate recovery program" means the program	46854
instituted under section 5111.11 of the Revised Code.	46855

(B) The administrator of the medicaid estate recovery program	46856
shall prescribe a form on which a surviving tenant under a	46857
survivorship tenancy or such a surviving tenant's representative	46858
is to indicate both of the following:	46859

(1) Whether the deceased survivorship tenant was either of	46860
the following:	46861

(a) A decedent subject to the medicaid estate recovery	46862
program;	46863

(b) The spouse of a decedent subject to the medicaid estate	46864
recovery program.	46865

(2) Whether the registered land under a survivorship tenancy	46866
was part of the estate of a decedent subject to the medicaid	46867
estate recovery program.	46868

(C) A county recorder shall obtain a properly completed form	46869
prescribed under division (B) of this section from the surviving	46870
tenant under a survivorship tenancy or the surviving tenant's	46871
representative and send a copy of the form to the administrator of	46872
the medicaid estate recovery program before registering the title	46873
in the surviving tenants under section 5309.081 of the Revised	46874
Code.	46875

Sec. 5323.01. As used in this chapter:

46876

(A) "Hotel" has the same meaning as in section 3731.01 of the	46877
Revised Code.	46878

(B) "Manufactured home" has the same meaning as in section	46879
3781.06 of the Revised Code.	46880

(C) "Mobile home" and "recreational vehicle" have the same	46881
meanings as in section 4501.01 of the Revised Code.	46882

(D) "Political subdivision" means a county,that has a	46883
population of more than two hundred thousand according to the most	46884
recent decennial census or a township, municipal corporation, or	46885
other body corporate and politic that is located in a county that	46886
has a population of more than two hundred thousand according to	46887
the most recent decennial census and is responsible for government	46888
activities in a geographic area smaller than that of the state.	46889

(E) "Residential rental property" means real property that is	46890
located in a county that has a population of more than two hundred	46891
thousand according to the most recent decennial census and on	46892
which is located one or more dwelling units leased or otherwise	46893
rented to tenants solely for residential purposes, or a mobile	46894
home park or other permanent or semipermanent site at which lots	46895
are leased or otherwise rented to tenants for the parking of a	46896
manufactured home, mobile home, or recreational vehicle that is	46897
used solely for residential purposes. "Residential rental	46898
property" does not include a hotel or a college or university	46899
dormitory.	46900

Sec. 5323.02. (A) An owner of residential rental property	46901
shall file with the county auditor of the county in which the	46902
property is located the following information:	46903

(1) The name, address, and telephone number of the owner;

46904

(2) If the residential rental property is owned by a trust,	46905
business trust, estate, partnership, limited partnership, limited	46906
liability company, association, corporation, or any other business	46907
entity, the name, address, and telephone number of the following:	46908

(a) A trustee, in the case of a trust or business trust;

46909

(b) The executor or administrator, in the case of an estate;

46910

(c) A general partner, in the case of a partnership or a	46911
limited partnership;	46912

(d) A member, manager, or officer, in the case of a limited	46913
liability company;	46914

(e) An associate, in the case of an association;

46915

(f) An officer, in the case of a corporation;

46916

(g) A member, manager, or officer, in the case of any other	46917
business entity.	46918

(3) The street address and permanent parcel number of the	46919
residential rental property;	46920

(4) If the residential rental property has dwelling units	46921
that are leased or otherwise rented to tenants, the year the units	46922
were built.	46923

(B) The information required under division (A) of this	46924
section shall be filed and maintained ~~in a manner to be determined~~	46925
~~by the county auditor~~on the tax duplicate and the real property	46926
record.	46927

(C) An owner of residential rental property shall update the	46928
information required under division (A) of this section within ten	46929
days after any change in the information occurs.	46930

(D) The county auditor shall provide an owner of residential	46931
rental property located in a county that has a population of more	46932
than two hundred thousand according to the most recent decennial	46933
census with written notice of the requirement to file the	46934
information required under division (A) of this section and the	46935
requirement to update that information under division (C) of this	46936
section prior to the sexennial reappraisal.	46937

(E) The owner of residential real property shall comply with	46938
the requirements under divisions (A) and (C) of this section	46939
within sixty days after receiving the notice provided under	46940
division (D) of this section, division (D) of section 319.202, or	46941
division (B) of section 323.131 of the Revised Code.	46942

Sec. 5323.99. No owner of residential rental property shall	46943
fail to comply with the filing or updating of information	46944
requirements of section 5323.02 of the Revised Code or shall fail	46945
to satisfy the designation of agent requirement or the filing of	46946
the appropriate designation of agent document requirement of	46947
section 5323.03 of the Revised Code. ~~Whoever violates this section~~	46948
~~is guilty of a minor misdemeanor~~The county auditor may impose	46949
upon any person who violates this section, as a lien against the	46950
residential rental property that is the subject of the violation,	46951
a fine of not more than one hundred fifty dollars.	46952

Sec. 5528.54. (A) The commissioners of the sinking fund are	46953
authorized to issue and sell, as provided in this section and in	46954
amounts from time to time authorized by the general assembly,	46955
general obligations of this state for the purpose of financing or	46956
assisting in the financing of the costs of projects. The full	46957
faith and credit, revenues, and taxing power of the state are and	46958
shall be pledged to the timely payment of bond service charges on	46959
outstanding obligations, all in accordance with Section 2m of	46960
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.53	46961
of the Revised Code, and so long as such obligations are	46962
outstanding there shall be levied and collected excises, taxes,	46963
and other revenues in amounts sufficient to pay the bond service	46964
charges on such obligations and costs relating to credit	46965
enhancement facilities.	46966

(B) Not more than two hundred twenty million dollars	46967
principal amount of obligations, plus the principal amount of	46968
obligations that in any prior fiscal years could have been, but	46969
were not issued within that two-hundred-twenty-million-dollar	46970
fiscal year limit, may be issued in any fiscal year, and not more	46971
~~that~~than one billion two hundred million dollars principal amount	46972
of obligations may be outstanding at any one time, all determined	46973
as provided in sections 5528.51 to 5528.53 of the Revised Code.	46974

(C) The state may participate in financing projects by	46975
grants, loans, or contributions to local government entities.	46976

(D) Each issue of obligations shall be authorized by	46977
resolution of the commissioners. The bond proceedings shall	46978
provide for the principal amount or maximum principal amount of	46979
obligations of an issue, and shall provide for or authorize the	46980
manner for determining the principal maturity or maturities, not	46981
exceeding the earlier of thirty years from the date of issuance of	46982
the particular obligations or thirty years from the date the debt	46983
represented by the particular obligations was originally	46984
contracted, the interest rate or rates, the date of and the dates	46985
of payment of interest on the obligations, their denominations,	46986
and the establishment within or outside the state of a place or	46987
places of payment of bond service charges. Sections 9.96, 9.98,	46988
9.981, 9.982, and 9.983 of the Revised Code are applicable to the	46989
obligations. The purpose of the obligations may be stated in the	46990
bond proceedings as "financing or assisting in the financing of	46991
highway capital improvement projects as provided in Section 2m of	46992
Article VIII, Ohio Constitution."	46993

(E) The proceeds of the obligations, except for any portion	46994
to be deposited into special funds, or into escrow funds for the	46995
purpose of refunding outstanding obligations, all as may be	46996
provided in the bond proceedings, shall be deposited into the	46997
highway capital improvement fund established by section 5528.53 of	46998
the Revised Code.	46999

(F) The commissioners may appoint or provide for the	47000
appointment of paying agents, bond registrars, securities	47001
depositories, and transfer agents, and may retain the services of	47002
financial advisers and accounting experts, and retain or contract	47003
for the services of marketing, remarketing, indexing, and	47004
administrative agents, other consultants, and independent	47005
contractors, including printing services, as are necessary in the	47006
judgment of the commissioners to carry out sections 5528.51 to	47007
5528.53 of the Revised Code. Financing costs are payable, as	47008
provided in the bond proceedings, from the proceeds of the	47009
obligations, from special funds, or from other moneys available	47010
for the purpose.	47011

(G) The bond proceedings, including any trust agreement, may	47012
contain additional provisions customary or appropriate to the	47013
financing or to the obligations or to particular obligations	47014
including, but not limited to:	47015

(1) The redemption of obligations prior to maturity at the	47016
option of the state or of the holder or upon the occurrence of	47017
certain conditions at such price or prices and under such terms	47018
and conditions as are provided in the bond proceedings;	47019

(2) The form of and other terms of the obligations;

47020

(3) The establishment, deposit, investment, and application	47021
of special funds, and the safeguarding of moneys on hand or on	47022
deposit, in lieu of otherwise applicable provisions of Chapter	47023
131. or 135. of the Revised Code, but subject to any special	47024
provisions of this section with respect to particular funds or	47025
moneys, and provided that any bank or trust company that acts as a	47026
depository of any moneys in special funds may furnish such	47027
indemnifying bonds or may pledge such securities as required by	47028
the commissioners;	47029

(4) Any or every provision of the bond proceedings binding	47030
upon the commissioners and such state agency or local government	47031
entities, officer, board, commission, authority, agency,	47032
department, or other person or body as may from time to time have	47033
the authority under law to take such actions as may be necessary	47034
to perform all or any part of the duty required by such provision;	47035

(5) The maintenance of each pledge, any trust agreement, or	47036
other instrument composing part of the bond proceedings until the	47037
state has fully paid or provided for the payment of the bond	47038
service charges on the obligations or met other stated conditions;	47039

(6) In the event of default in any payments required to be	47040
made by the bond proceedings, or any other agreement of the	47041
commissioners made as part of a contract under which the	47042
obligations were issued or secured, the enforcement of such	47043
payments or agreements by mandamus, suit in equity, action at law,	47044
or any combination of the foregoing;	47045

(7) The rights and remedies of the holders of obligations and	47046
of the trustee under any trust agreement, and provisions for	47047
protecting and enforcing them, including limitations on rights of	47048
individual holders of obligations;	47049

(8) The replacement of any obligations that become mutilated	47050
or are destroyed, lost, or stolen;	47051

(9) Provision for the funding, refunding, or advance	47052
refunding or other provision for payment of obligations that will	47053
then no longer be outstanding for purposes of sections 5528.51 to	47054
5528.56 of the Revised Code or of the bond proceedings;	47055

(10) Any provision that may be made in bond proceedings or a	47056
trust agreement, including provision for amendment of the bond	47057
proceedings;	47058

(11) Any other or additional agreements with the holders of	47059
the obligations relating to any of the foregoing;	47060

(12) Such other provisions as the commissioners determine,	47061
including limitations, conditions, or qualifications relating to	47062
any of the foregoing.	47063

(H) The great seal of the state or a facsimile of that seal	47064
may be affixed to or printed on the obligations. The obligations	47065
requiring signatures by the commissioners shall be signed by or	47066
bear the facsimile signatures of two or more of the commissioners	47067
as provided in the bond proceedings. Any obligations may be signed	47068
by the person who, on the date of execution, is the authorized	47069
signer although on the date of such obligations such person was	47070
not a commissioner. In case the individual whose signature or a	47071
facsimile of whose signature appears on any obligation ceases to	47072
be a commissioner before delivery of the obligation, such	47073
signature or facsimile is nevertheless valid and sufficient for	47074
all purposes as if that individual had remained the member until	47075
such delivery, and in case the seal to be affixed to or printed on	47076
obligations has been changed after the seal has been affixed to or	47077
a facsimile of the seal has been printed on the obligations, that	47078
seal or facsimile seal shall continue to be sufficient as to those	47079
obligations and obligations issued in substitution or exchange	47080
therefor.	47081

(I) The obligations are negotiable instruments and securities	47082
under Chapter 1308. of the Revised Code, subject to the provisions	47083
of the bond proceedings as to registration. Obligations may be	47084
issued in coupon or in fully registered form, or both, as the	47085
commissioners determine. Provision may be made for the	47086
registration of any obligations with coupons attached as to	47087
principal alone or as to both principal and interest, their	47088
exchange for obligations so registered, and for the conversion or	47089
reconversion into obligations with coupons attached of any	47090
obligations registered as to both principal and interest, and for	47091
reasonable charges for such registration, exchange, conversion,	47092
and reconversion. Pending preparation of definitive obligations,	47093
the commissioners may issue interim receipts or certificates which	47094
shall be exchanged for such definitive obligations.	47095

(J) Obligations may be sold at public sale or at private	47096
sale, and at such price at, above, or below par, as determined by	47097
the commissioners in the bond proceedings.	47098

(K) In the discretion of the commissioners, obligations may	47099
be secured additionally by a trust agreement between the state and	47100
a corporate trustee which may be any trust company or bank having	47101
~~its principal~~a place of business within the state. Any trust	47102
agreement may contain the resolution authorizing the issuance of	47103
the obligations, any provisions that may be contained in the bond	47104
proceedings, and other provisions that are customary or	47105
appropriate in an agreement of the type.	47106

(L) Except to the extent that their rights are restricted by	47107
the bond proceedings, any holder of obligations, or a trustee	47108
under the bond proceedings may by any suitable form of legal	47109
proceedings protect and enforce any rights under the laws of this	47110
state or granted by the bond proceedings. Such rights include the	47111
right to compel the performance of all duties of the commissioners	47112
and the state. Each duty of the commissioners and its employees,	47113
and of each state agency and local government entity and its	47114
officers, members, or employees, undertaken pursuant to the bond	47115
proceedings, is hereby established as a duty of the commissioners,	47116
and of each such agency, local government entity, officer, member,	47117
or employee having authority to perform such duty, specifically	47118
enjoined by the law and resulting from an office, trust, or	47119
station within the meaning of section 2731.01 of the Revised Code.	47120
The persons who are at the time the commissioners of the sinking	47121
fund, or its employees, are not liable in their personal	47122
capacities on any obligations or any agreements of or with the	47123
commissioners relating to obligations or under the bond	47124
proceedings.	47125

(M) Obligations are lawful investments for banks, societies	47126
for savings, savings and loan associations, deposit guarantee	47127
associations, trust companies, trustees, fiduciaries, insurance	47128
companies, including domestic for life and domestic not for life,	47129
trustees or other officers having charge of sinking and bond	47130
retirement or other special funds of political subdivisions and	47131
taxing districts of this state, the commissioners of the sinking	47132
fund, the administrator of workers' compensation, subject to the	47133
approval of the workers' compensation board and the industrial	47134
commission, the state teachers retirement system, the public	47135
employees retirement system, the school employees retirement	47136
system, and the Ohio police and fire pension fund, notwithstanding	47137
any other provisions of the Revised Code or rules adopted pursuant	47138
thereto by any state agency with respect to investments by them,	47139
and are also acceptable as security for the deposit of public	47140
moneys.	47141

(N) Unless otherwise provided in any applicable bond	47142
proceedings, moneys to the credit of or in the special funds	47143
established by or pursuant to this section may be invested by or	47144
on behalf of the commissioners only in notes, bonds, or other	47145
direct obligations of the United States or of any agency or	47146
instrumentality thereof, in obligations of this state or any	47147
political subdivision of this state, in certificates of deposit of	47148
any national bank located in this state and any bank, as defined	47149
in section 1101.01 of the Revised Code, subject to inspection by	47150
the superintendent of financial institutions, in the Ohio	47151
subdivision's fund established pursuant to section 135.45 of the	47152
Revised Code, in no-front-end-load money market mutual funds	47153
consisting exclusively of direct obligations of the United States	47154
or of an agency or instrumentality thereof, and in repurchase	47155
agreements, including those issued by any fiduciary, secured by	47156
direct obligations of the United States or an agency or	47157
instrumentality thereof, and in common trust funds established in	47158
accordance with section 1109.20 of the Revised Code and consisting	47159
exclusively of direct obligations of the United States or of an	47160
agency or instrumentality thereof, notwithstanding division (A)(4)	47161
of that section. The income from investments shall be credited to	47162
such special funds or otherwise as the commissioners determine in	47163
the bond proceedings, and the investments may be sold or exchanged	47164
at such times as the commissioners determine or authorize.	47165

(O) Unless otherwise provided in any applicable bond	47166
proceedings, moneys to the credit of or in a special fund shall be	47167
disbursed on the order of the commissioners, provided that no such	47168
order is required for the payment from the bond service fund or	47169
other special fund when due of bond service charges or required	47170
payments under credit enhancement facilities.	47171

(P) The commissioners may covenant in the bond proceedings,	47172
and any such covenants shall be controlling notwithstanding any	47173
other provision of law, that the state and the applicable officers	47174
and agencies of the state, including the general assembly, shall,	47175
so long as any obligations are outstanding in accordance with	47176
their terms, maintain statutory authority for and cause to be	47177
charged and collected taxes, excises, and other receipts of the	47178
state so that the receipts to the bond service fund shall be	47179
sufficient in amounts to meet bond service charges and for the	47180
establishment and maintenance of any reserves and other	47181
requirements, including payment of financing costs, provided for	47182
in the bond proceedings.	47183

(Q) The obligations, and the transfer of, and the interest,	47184
interest equivalent, and other income and accreted amounts from,	47185
including any profit made on the sale, exchange, or other	47186
disposition of, the obligations shall at all times be free from	47187
taxation, direct or indirect, within the state.	47188

(R) This section applies only with respect to obligations	47189
issued and delivered prior to September 30, 2000.	47190

Sec. 5531.10. (A) As used in this chapter:

47191

(1) "Bond proceedings" means the resolution, order, trust	47192
agreement, indenture, lease, lease-purchase agreements, and other	47193
agreements, amendments and supplements to the foregoing, or any	47194
one or more or combination thereof, authorizing or providing for	47195
the terms and conditions applicable to, or providing for the	47196
security or liquidity of, obligations issued pursuant to this	47197
section, and the provisions contained in such obligations.	47198

(2) "Bond service charges" means principal, including	47199
mandatory sinking fund requirements for retirement of obligations,	47200
and interest, and redemption premium, if any, required to be paid	47201
by the state on obligations.	47202

(3) "Bond service fund" means the applicable fund and	47203
accounts therein created for and pledged to the payment of bond	47204
service charges, which may be, or may be part of, the state	47205
infrastructure bank revenue bond service fund created by division	47206
(R) of this section including all moneys and investments, and	47207
earnings from investments, credited and to be credited thereto.	47208

(4) "Issuing authority" means the treasurer of state, or the	47209
officer who by law performs the functions of the treasurer of	47210
state.	47211

(5) "Obligations" means bonds, notes, or other evidence of	47212
obligation including interest coupons pertaining thereto, issued	47213
pursuant to this section.	47214

(6) "Pledged receipts" means moneys accruing to the state	47215
from the lease, lease-purchase, sale, or other disposition, or	47216
use, of qualified projects, and from the repayment, including	47217
interest, of loans made from proceeds received from the sale of	47218
obligations; accrued interest received from the sale of	47219
obligations; income from the investment of the special funds; any	47220
gifts, grants, donations, and pledges, and receipts therefrom,	47221
available for the payment of bond service charges; and any amounts	47222
in the state infrastructure bank pledged to the payment of such	47223
charges. If the amounts in the state infrastructure bank are	47224
insufficient for the payment of such charges, "pledged receipts"	47225
also means moneys that are apportioned by the United States	47226
secretary of transportation under United States Code, Title XXIII,	47227
as amended, or any successor legislation, or under any other	47228
federal law relating to aid for highways, and that are to be	47229
received as a grant by the state, to the extent the state is not	47230
prohibited by state or federal law from using such moneys and the	47231
moneys are pledged to the payment of such bond service charges.	47232

(7) "Special funds" or "funds" means, except where the	47233
context does not permit, the bond service fund, and any other	47234
funds, including reserve funds, created under the bond	47235
proceedings, and the state infrastructure bank revenue bond	47236
service fund created by division (R) of this section to the extent	47237
provided in the bond proceedings, including all moneys and	47238
investments, and earnings from investment, credited and to be	47239
credited thereto.	47240

(8) "State infrastructure project" means any public	47241
transportation project undertaken by the state, including, but not	47242
limited to, all components of any such project, as described in	47243
division (D) of section 5531.09 of the Revised Code.	47244

(9) "District obligations" means bonds, notes, or other	47245
evidence of obligation including interest coupons pertaining	47246
thereto, issued to finance a qualified project by a transportation	47247
improvement district created pursuant to section 5540.02 of the	47248
Revised Code, of which the principal, including mandatory sinking	47249
fund requirements for retirement of such obligations, and interest	47250
and redemption premium, if any, are payable by the department of	47251
transportation.	47252

(B) The issuing authority, after giving written notice to the	47253
director of budget and management and upon the certification by	47254
the director of transportation to the issuing authority of the	47255
amount of moneys or additional moneys needed either for state	47256
infrastructure projects or to provide financial assistance for any	47257
of the purposes for which the state infrastructure bank may be	47258
used under section 5531.09 of the Revised Code, or needed for	47259
capitalized interest, funding reserves, and paying costs and	47260
expenses incurred in connection with the issuance, carrying,	47261
securing, paying, redeeming, or retirement of the obligations or	47262
any obligations refunded thereby, including payment of costs and	47263
expenses relating to letters of credit, lines of credit,	47264
insurance, put agreements, standby purchase agreements, indexing,	47265
marketing, remarketing and administrative arrangements, interest	47266
swap or hedging agreements, and any other credit enhancement,	47267
liquidity, remarketing, renewal, or refunding arrangements, all of	47268
which are authorized by this section, shall issue obligations of	47269
the state under this section in the required amount. The proceeds	47270
of such obligations, except for the portion to be deposited in	47271
special funds, including reserve funds, as may be provided in the	47272
bond proceedings, shall as provided in the bond proceedings be	47273
credited to the infrastructure bank obligations fund of the state	47274
infrastructure bank created by section 5531.09 of the Revised Code	47275
and disbursed as provided in the bond proceedings for such	47276
obligations. The issuing authority may appoint trustees, paying	47277
agents, transfer agents, and authenticating agents, and may retain	47278
the services of financial advisors, accounting experts, and	47279
attorneys, and retain or contract for the services of marketing,	47280
remarketing, indexing, and administrative agents, other	47281
consultants, and independent contractors, including printing	47282
services, as are necessary in the issuing authority's judgment to	47283
carry out this section. The costs of such services are payable	47284
from funds of the state infrastructure bank.	47285

(C) The holders or owners of such obligations shall have no	47286
right to have moneys raised by taxation by the state of Ohio	47287
obligated or pledged, and moneys so raised shall not be obligated	47288
or pledged, for the payment of bond service charges. The right of	47289
such holders and owners to the payment of bond service charges is	47290
limited to all or that portion of the pledged receipts and those	47291
special funds pledged thereto pursuant to the bond proceedings for	47292
such obligations in accordance with this section, and each such	47293
obligation shall bear on its face a statement to that effect.	47294
Moneys received as repayment of loans made by the state	47295
infrastructure bank pursuant to section 5531.09 of the Revised	47296
Code shall not be considered moneys raised by taxation by the	47297
state of Ohio regardless of the source of the moneys.	47298

(D) Obligations shall be authorized by order of the issuing	47299
authority and the bond proceedings shall provide for the purpose	47300
thereof and the principal amount or amounts, and shall provide for	47301
or authorize the manner or agency for determining the principal	47302
maturity or maturities, not exceeding twenty-five years from the	47303
date of issuance, the interest rate or rates or the maximum	47304
interest rate, the date of the obligations and the dates of	47305
payment of interest thereon, their denomination, and the	47306
establishment within or without the state of a place or places of	47307
payment of bond service charges. Sections 9.98 to 9.983 of the	47308
Revised Code are applicable to obligations issued under this	47309
section. The purpose of such obligations may be stated in the bond	47310
proceedings in terms describing the general purpose or purposes to	47311
be served. The bond proceedings also shall provide, subject to the	47312
provisions of any other applicable bond proceedings, for the	47313
pledge of all, or such part as the issuing authority may	47314
determine, of the pledged receipts and the applicable special fund	47315
or funds to the payment of bond service charges, which pledges may	47316
be made either prior or subordinate to other expenses, claims, or	47317
payments, and may be made to secure the obligations on a parity	47318
with obligations theretofore or thereafter issued, if and to the	47319
extent provided in the bond proceedings. The pledged receipts and	47320
special funds so pledged and thereafter received by the state	47321
immediately are subject to the lien of such pledge without any	47322
physical delivery thereof or further act, and the lien of any such	47323
pledges is valid and binding against all parties having claims of	47324
any kind against the state or any governmental agency of the	47325
state, irrespective of whether such parties have notice thereof,	47326
and shall create a perfected security interest for all purposes of	47327
Chapter 1309. of the Revised Code, without the necessity for	47328
separation or delivery of funds or for the filing or recording of	47329
the bond proceedings by which such pledge is created or any	47330
certificate, statement, or other document with respect thereto;	47331
and the pledge of such pledged receipts and special funds is	47332
effective and the money therefrom and thereof may be applied to	47333
the purposes for which pledged without necessity for any act of	47334
appropriation. Every pledge, and every covenant and agreement	47335
made with respect thereto, made in the bond proceedings may	47336
therein be extended to the benefit of the owners and holders of	47337
obligations authorized by this section, and to any trustee	47338
therefor, for the further security of the payment of the bond	47339
service charges.	47340

(E) The bond proceedings may contain additional provisions as	47341
to:	47342

(1) The redemption of obligations prior to maturity at the	47343
option of the issuing authority at such price or prices and under	47344
such terms and conditions as are provided in the bond proceedings;	47345

(2) Other terms of the obligations;

47346

(3) Limitations on the issuance of additional obligations;

47347

(4) The terms of any trust agreement or indenture securing	47348
the obligations or under which the same may be issued;	47349

(5) The deposit, investment, and application of special	47350
funds, and the safeguarding of moneys on hand or on deposit,	47351
without regard to Chapter 131. or 135. of the Revised Code, but	47352
subject to any special provisions of this section with respect to	47353
particular funds or moneys, provided that any bank or trust	47354
company which acts as depository of any moneys in the special	47355
funds may furnish such indemnifying bonds or may pledge such	47356
securities as required by the issuing authority;	47357

(6) Any or every provision of the bond proceedings being	47358
binding upon such officer, board, commission, authority, agency,	47359
department, or other person or body as may from time to time have	47360
the authority under law to take such actions as may be necessary	47361
to perform all or any part of the duty required by such provision;	47362

(7) Any provision that may be made in a trust agreement or	47363
indenture;	47364

(8) Any other or additional agreements with the holders of	47365
the obligations, or the trustee therefor, relating to the	47366
obligations or the security therefor, including the assignment of	47367
mortgages or other security relating to financial assistance for	47368
qualified projects under section 5531.09 of the Revised Code.	47369

(F) The obligations may have the great seal of the state or a	47370
facsimile thereof affixed thereto or printed thereon. The	47371
obligations and any coupons pertaining to obligations shall be	47372
signed or bear the facsimile signature of the issuing authority.	47373
Any obligations or coupons may be executed by the person who, on	47374
the date of execution, is the proper issuing authority although on	47375
the date of such bonds or coupons such person was not the issuing	47376
authority. In case the issuing authority whose signature or a	47377
facsimile of whose signature appears on any such obligation or	47378
coupon ceases to be the issuing authority before delivery thereof,	47379
such signature or facsimile nevertheless is valid and sufficient	47380
for all purposes as if the former issuing authority had remained	47381
the issuing authority until such delivery; and in case the seal to	47382
be affixed to obligations has been changed after a facsimile of	47383
the seal has been imprinted on such obligations, such facsimile	47384
seal shall continue to be sufficient as to such obligations and	47385
obligations issued in substitution or exchange therefor.	47386

(G) All obligations are negotiable instruments and securities	47387
under Chapter 1308. of the Revised Code, subject to the provisions	47388
of the bond proceedings as to registration. The obligations may be	47389
issued in coupon or in registered form, or both, as the issuing	47390
authority determines. Provision may be made for the registration	47391
of any obligations with coupons attached thereto as to principal	47392
alone or as to both principal and interest, their exchange for	47393
obligations so registered, and for the conversion or reconversion	47394
into obligations with coupons attached thereto of any obligations	47395
registered as to both principal and interest, and for reasonable	47396
charges for such registration, exchange, conversion, and	47397
reconversion.	47398

(H) Obligations may be sold at public sale or at private	47399
sale, as determined in the bond proceedings.	47400

(I) Pending preparation of definitive obligations, the	47401
issuing authority may issue interim receipts or certificates which	47402
shall be exchanged for such definitive obligations.	47403

(J) In the discretion of the issuing authority, obligations	47404
may be secured additionally by a trust agreement or indenture	47405
between the issuing authority and a corporate trustee which may be	47406
any trust company or bank having ~~its principal~~a place of business	47407
within the state. Any such agreement or indenture may contain the	47408
order authorizing the issuance of the obligations, any provisions	47409
that may be contained in any bond proceedings, and other	47410
provisions which are customary or appropriate in an agreement or	47411
indenture of such type, including, but not limited to:	47412

(1) Maintenance of each pledge, trust agreement, indenture,	47413
or other instrument comprising part of the bond proceedings until	47414
the state has fully paid the bond service charges on the	47415
obligations secured thereby, or provision therefor has been made;	47416

(2) In the event of default in any payments required to be	47417
made by the bond proceedings, or any other agreement of the	47418
issuing authority made as a part of the contract under which the	47419
obligations were issued, enforcement of such payments or agreement	47420
by mandamus, the appointment of a receiver, suit in equity, action	47421
at law, or any combination of the foregoing;	47422

(3) The rights and remedies of the holders of obligations and	47423
of the trustee, and provisions for protecting and enforcing them,	47424
including limitations on the rights of individual holders of	47425
obligations;	47426

(4) The replacement of any obligations that become mutilated	47427
or are destroyed, lost, or stolen;	47428

(5) Such other provisions as the trustee and the issuing	47429
authority agree upon, including limitations, conditions, or	47430
qualifications relating to any of the foregoing.	47431

(K) Any holder of obligations or a trustee under the bond	47432
proceedings, except to the extent that the holder's or trustee's	47433
rights are restricted by the bond proceedings, may by any suitable	47434
form of legal proceedings, protect and enforce any rights under	47435
the laws of this state or granted by such bond proceedings. Such	47436
rights include the right to compel the performance of all duties	47437
of the issuing authority and the director of transportation	47438
required by the bond proceedings or sections 5531.09 and 5531.10	47439
of the Revised Code; to enjoin unlawful activities; and in the	47440
event of default with respect to the payment of any bond service	47441
charges on any obligations or in the performance of any covenant	47442
or agreement on the part of the issuing authority or the director	47443
of transportation in the bond proceedings, to apply to a court	47444
having jurisdiction of the cause to appoint a receiver to receive	47445
and administer the pledged receipts and special funds, other than	47446
those in the custody of the treasurer of state, which are pledged	47447
to the payment of the bond service charges on such obligations or	47448
which are the subject of the covenant or agreement, with full	47449
power to pay, and to provide for payment of bond service charges	47450
on, such obligations, and with such powers, subject to the	47451
direction of the court, as are accorded receivers in general	47452
equity cases, excluding any power to pledge additional revenues or	47453
receipts or other income or moneys of the state or local	47454
governmental entities, or agencies thereof, to the payment of such	47455
principal and interest and excluding the power to take possession	47456
of, mortgage, or cause the sale or otherwise dispose of any	47457
project facilities.	47458

Each duty of the issuing authority and the issuing	47459
authority's officers and employees, and of each state or local	47460
governmental agency and its officers, members, or employees,	47461
undertaken pursuant to the bond proceedings or any loan, loan	47462
guarantee, lease, lease-purchase agreement, or other agreement	47463
made under authority of section 5531.09 of the Revised Code, and	47464
in every agreement by or with the issuing authority, is hereby	47465
established as a duty of the issuing authority, and of each such	47466
officer, member, or employee having authority to perform such	47467
duty, specifically enjoined by the law resulting from an office,	47468
trust, or station within the meaning of section 2731.01 of the	47469
Revised Code.	47470

The person who is at the time the issuing authority, or the	47471
issuing authority's officers or employees, are not liable in their	47472
personal capacities on any obligations issued by the issuing	47473
authority or any agreements of or with the issuing authority.	47474

(L) The issuing authority may authorize and issue obligations	47475
for the refunding, including funding and retirement, and advance	47476
refunding with or without payment or redemption prior to maturity,	47477
of any obligations previously issued by the issuing authority or	47478
district obligations. Such refunding obligations may be issued in	47479
amounts sufficient for payment of the principal amount of the	47480
prior obligations or district obligations, any redemption premiums	47481
thereon, principal maturities of any such obligations or district	47482
obligations maturing prior to the redemption of the remaining	47483
obligations or district obligations on a parity therewith,	47484
interest accrued or to accrue to the maturity dates or dates of	47485
redemption of such obligations or district obligations, and any	47486
expenses incurred or to be incurred in connection with such	47487
issuance and such refunding, funding, and retirement. Subject to	47488
the bond proceedings therefor, the portion of proceeds of the sale	47489
of refunding obligations issued under this division to be applied	47490
to bond service charges on the prior obligations or district	47491
obligations shall be credited to an appropriate account held by	47492
the trustee for such prior or new obligations or to the	47493
appropriate account in the bond service fund for such obligations	47494
or district obligations. Obligations authorized under this	47495
division shall be deemed to be issued for those purposes for which	47496
such prior obligations or district obligations were issued and are	47497
subject to the provisions of this section pertaining to other	47498
obligations, except as otherwise provided in this section. The	47499
last maturity of obligations authorized under this division shall	47500
not be later than twenty-five years from the date of issuance of	47501
the original securities issued for the original purpose.	47502

(M) The authority to issue obligations under this section	47503
includes authority to issue obligations in the form of bond	47504
anticipation notes and to renew the same from time to time by the	47505
issuance of new notes. The holders of such notes or interest	47506
coupons pertaining thereto shall have a right to be paid solely	47507
from the pledged receipts and special funds that may be pledged to	47508
the payment of the bonds anticipated, or from the proceeds of such	47509
bonds or renewal notes, or both, as the issuing authority provides	47510
in the order authorizing such notes. Such notes may be	47511
additionally secured by covenants of the issuing authority to the	47512
effect that the issuing authority and the state will do such or	47513
all things necessary for the issuance of such bonds or renewal	47514
notes in the appropriate amount, and apply the proceeds thereof to	47515
the extent necessary, to make full payment of the principal of and	47516
interest on such notes at the time or times contemplated, as	47517
provided in such order. For such purpose, the issuing authority	47518
may issue bonds or renewal notes in such principal amount and upon	47519
such terms as may be necessary to provide funds to pay when	47520
required the principal of and interest on such notes,	47521
notwithstanding any limitations prescribed by or for purposes of	47522
this section. Subject to this division, all provisions for and	47523
references to obligations in this section are applicable to notes	47524
authorized under this division.	47525

The issuing authority in the bond proceedings authorizing the	47526
issuance of bond anticipation notes shall set forth for such bonds	47527
an estimated interest rate and a schedule of principal payments	47528
for such bonds and the annual maturity dates thereof.	47529

(N) Obligations issued under this section are lawful	47530
investments for banks, societies for savings, savings and loan	47531
associations, deposit guarantee associations, trust companies,	47532
trustees, fiduciaries, insurance companies, including domestic for	47533
life and domestic not for life, trustees or other officers having	47534
charge of sinking and bond retirement or other special funds of	47535
political subdivisions and taxing districts of this state, the	47536
commissioners of the sinking fund of the state, the administrator	47537
of workers' compensation, the state teachers retirement system,	47538
the public employees retirement system, the school employees	47539
retirement system, and the Ohio police and fire pension fund,	47540
notwithstanding any other provisions of the Revised Code or rules	47541
adopted pursuant thereto by any agency of the state with respect	47542
to investments by them, and are also acceptable as security for	47543
the deposit of public moneys.	47544

(O) Unless otherwise provided in any applicable bond	47545
proceedings, moneys to the credit of or in the special funds	47546
established by or pursuant to this section may be invested by or	47547
on behalf of the issuing authority only in notes, bonds, or other	47548
obligations of the United States, or of any agency or	47549
instrumentality of the United States, obligations guaranteed as to	47550
principal and interest by the United States, obligations of this	47551
state or any political subdivision of this state, and certificates	47552
of deposit of any national bank located in this state and any	47553
bank, as defined in section 1101.01 of the Revised Code, subject	47554
to inspection by the superintendent of financial institutions. If	47555
the law or the instrument creating a trust pursuant to division	47556
(J) of this section expressly permits investment in direct	47557
obligations of the United States or an agency of the United	47558
States, unless expressly prohibited by the instrument, such moneys	47559
also may be invested in no-front-end-load money market mutual	47560
funds consisting exclusively of obligations of the United States	47561
or an agency of the United States and in repurchase agreements,	47562
including those issued by the fiduciary itself, secured by	47563
obligations of the United States or an agency of the United	47564
States; and in collective investment funds as defined in division	47565
(A) of section 1111.01 of the Revised Code and consisting	47566
exclusively of any such securities. The income from such	47567
investments shall be credited to such funds as the issuing	47568
authority determines, and such investments may be sold at such	47569
times as the issuing authority determines or authorizes.	47570

(P) Provision may be made in the applicable bond proceedings	47571
for the establishment of separate accounts in the bond service	47572
fund and for the application of such accounts only to the	47573
specified bond service charges on obligations pertinent to such	47574
accounts and bond service fund and for other accounts therein	47575
within the general purposes of such fund. Unless otherwise	47576
provided in any applicable bond proceedings, moneys to the credit	47577
of or in the several special funds established pursuant to this	47578
section shall be disbursed on the order of the treasurer of state,	47579
provided that no such order is required for the payment from the	47580
bond service fund when due of bond service charges on obligations.	47581

(Q)(1) The issuing authority may pledge all, or such portion	47582
as the issuing authority determines, of the pledged receipts to	47583
the payment of bond service charges on obligations issued under	47584
this section, and for the establishment and maintenance of any	47585
reserves, as provided in the bond proceedings, and make other	47586
provisions therein with respect to pledged receipts as authorized	47587
by this chapter, which provisions are controlling notwithstanding	47588
any other provisions of law pertaining thereto.	47589

(2) An action taken under division (Q)(2) of this section	47590
does not limit the generality of division (Q)(1) of this section,	47591
and is subject to division (C) of this section and, if and to the	47592
extent otherwise applicable, Section 13 of Article VIII, Ohio	47593
Constitution. The bond proceedings may contain a covenant that, in	47594
the event the pledged receipts primarily pledged and required to	47595
be used for the payment of bond service charges on obligations	47596
issued under this section, and for the establishment and	47597
maintenance of any reserves, as provided in the bond proceedings,	47598
are insufficient to make any such payment in full when due, or to	47599
maintain any such reserve, the director of transportation shall so	47600
notify the governor, and shall determine to what extent, if any,	47601
the payment may be made or moneys may be restored to the reserves	47602
from lawfully available moneys previously appropriated for that	47603
purpose to the department of transportation. The covenant also	47604
may provide that if the payments are not made or the moneys are	47605
not immediately and fully restored to the reserves from such	47606
moneys, the director shall promptly submit to the governor and to	47607
the director of budget and management a written request for either	47608
or both of the following:	47609

(a) That the next biennial budget submitted by the governor	47610
to the general assembly include an amount to be appropriated from	47611
lawfully available moneys to the department for the purpose of and	47612
sufficient for the payment in full of bond service charges	47613
previously due and for the full replenishment of the reserves;	47614

(b) That the general assembly be requested to increase	47615
appropriations from lawfully available moneys for the department	47616
in the current biennium sufficient for the purpose of and for the	47617
payment in full of bond service charges previously due and to come	47618
due in the biennium and for the full replenishment of the	47619
reserves.	47620

The director of transportation shall include with such	47621
requests a recommendation that the payment of the bond service	47622
charges and the replenishment of the reserves be made in the	47623
interest of maximizing the benefits of the state infrastructure	47624
bank. Any such covenant shall not obligate or purport to obligate	47625
the state to pay the bond service charges on such bonds or notes	47626
or to deposit moneys in a reserve established for such payments	47627
other than from moneys that may be lawfully available and	47628
appropriated for that purpose during the then-current biennium.	47629

(R) There is hereby created the state infrastructure bank	47630
revenue bond service fund, which shall be in the custody of the	47631
treasurer of state but shall not be a part of the state treasury.	47632
All moneys received by or on account of the issuing authority or	47633
state agencies and required by the applicable bond proceedings,	47634
consistent with this section, to be deposited, transferred, or	47635
credited to the bond service fund, and all other moneys	47636
transferred or allocated to or received for the purposes of the	47637
fund, shall be deposited and credited to such fund and to any	47638
separate accounts therein, subject to applicable provisions of the	47639
bond proceedings, but without necessity for any act of	47640
appropriation. The state infrastructure bank revenue bond service	47641
fund is a trust fund and is hereby pledged to the payment of bond	47642
service charges to the extent provided in the applicable bond	47643
proceedings, and payment thereof from such fund shall be made or	47644
provided for by the treasurer of state in accordance with such	47645
bond proceedings without necessity for any act of appropriation.	47646

(S) The obligations issued pursuant to this section, the	47647
transfer thereof, and the income therefrom, including any profit	47648
made on the sale thereof, shall at all times be free from taxation	47649
within this state.	47650

Sec. 5533.531. The road known as state route one hundred	47651
eighteen, commencing at the southernmost boundary of the municipal	47652
corporation of St. Henry and extending southward to the	47653
intersection of that state route and state route forty-seven,	47654
shall be known as "Earl Baltes Highway."	47655

The director of transportation may erect suitable markers	47656
along the highway indicating its name.	47657

Sec. 5533.632. The road known as state route number two,	47658
running in an easterly and westerly direction, within the	47659
municipal corporation of Willoughby only, shall be known as the	47660
"Brian Montgomery Memorial Highway."	47661

The director of transportation may erect suitable markers	47662
along the highway indicating its name.	47663

Sec. 5533.91. That part of the road known as state route	47664
number forty-four, located within Lake county and commencing at	47665
the intersection of that state route and state route number two	47666
and extending in a northerly direction and ending at headlands	47667
beach state park, shall be known as the "LCpl Andy Nowacki	47668
Memorial Highway."	47669

The director of transportation may erect suitable markers	47670
along the highway indicating its name.	47671

Sec. 5537.04. (A) The Ohio turnpike commission may do any of	47672
the following:	47673

(1) Adopt bylaws for the regulation of its affairs and the	47674
conduct of its business;	47675

(2) Adopt an official seal, which shall not be the great seal	47676
of the state and which need not be in compliance with section 5.10	47677
of the Revised Code;	47678

(3) Maintain a principal office and suboffices at such places	47679
within the state as it designates;	47680

(4) Sue and be sued in its own name, plead and be impleaded,	47681
provided any actions against the commission shall be brought in	47682
the court of common pleas of the county in which the principal	47683
office of the commission is located, or in the court of common	47684
pleas of the county in which the cause of action arose if that	47685
county is located within this state, and all summonses,	47686
exceptions, and notices of every kind shall be served on the	47687
commission by leaving a copy thereof at its principal office with	47688
the secretary-treasurer or executive director of the commission;	47689

(5) Construct, maintain, repair, police, and operate the	47690
turnpike system, and establish rules for the use of any turnpike	47691
project;	47692

(6) Issue revenue bonds of the state, payable solely from	47693
pledged revenues, as provided in this chapter, for the purpose of	47694
paying any part of the cost of constructing any one or more	47695
turnpike projects;	47696

(7) Fix, and revise from time to time, and charge and collect	47697
tolls;	47698

(8) Acquire, hold, and dispose of property in the exercise of	47699
its powers and the performance of its duties under this chapter;	47700

(9) Designate the locations and establish, limit, and control	47701
such points of ingress to and egress from each turnpike project as	47702
are necessary or desirable in the judgment of the commission and	47703
of the director of transportation to ensure the proper operation	47704
and maintenance of that project, and prohibit entrance to such a	47705
project from any point not so designated;	47706

(10) Make and enter into all contracts and agreements	47707
necessary or incidental to the performance of its duties and the	47708
execution of its powers under this chapter, including	47709
participation in a multi-jurisdiction electronic toll collection	47710
agreement and collection or remittance of tolls, fees, or other	47711
charges to or from entities or agencies that participate in such	47712
an agreement;	47713

(11) Employ or retain or contract for the services of	47714
consulting engineers, superintendents, managers, and any other	47715
engineers, construction and accounting experts, financial	47716
advisers, trustees, marketing, remarketing, and administrative	47717
agents, attorneys, and other employees, independent contractors,	47718
or agents that are necessary in its judgment and fix their	47719
compensation, provided all such expenses shall be payable solely	47720
from the proceeds of bonds or from revenues of the Ohio turnpike	47721
system;	47722

(12) Receive and accept from any federal agency, subject to	47723
the approval of the governor, and from any other governmental	47724
agency grants for or in aid of the construction, reconstruction,	47725
repair, renovation, maintenance, or operation of any turnpike	47726
project, and receive and accept aid or contributions from any	47727
source or person of money, property, labor, or other things of	47728
value, to be held, used, and applied only for the purposes for	47729
which such grants and contributions are made;	47730

(13) Provide coverage for its employees under Chapters 4123.	47731
and 4141. of the Revised Code;	47732

(14) Fix and revise by rule, from time to time, such permit	47733
fees, processing fees, or administrative charges for the	47734
prepayment, deferred payment, or nonpayment of tolls and use of	47735
electronic tolling equipment or other commission property.	47736

(B) The commission may do all acts necessary or proper to	47737
carry out the powers expressly granted in this chapter.	47738

Sec. 5537.16. (A) The Ohio turnpike commission may adopt	47739
such bylaws and rules as it considers advisable for the control	47740
and regulation of traffic on any turnpike project, for the	47741
protection and preservation of property under its jurisdiction and	47742
control, ~~and~~ for the maintenance and preservation of good order	47743
within the property under its control, and for the purpose of	47744
establishing owner or operator liability for failure to comply	47745
with toll collection rules. The rules of the commission with	47746
respect to the speed, axle loads, vehicle loads, and vehicle	47747
dimensions of vehicles on turnpike projects, including the	47748
issuance of a special permit by the commission to allow the	47749
operation on any turnpike project of a motor vehicle transporting	47750
two or fewer steel coils, shall apply notwithstanding sections	47751
4511.21 to 4511.24, 4513.34, and Chapter 5577. of the Revised	47752
Code. Such bylaws and rules shall be published in a newspaper of	47753
general circulation in Franklin county, and in such other manner	47754
as the commission prescribes.	47755

(B) Such rules shall provide that public police officers	47756
shall be afforded ready access, while in the performance of their	47757
official duty, to all property under the jurisdiction of the	47758
commission and without the payment of tolls.	47759

(C) No person shall violate any such bylaws or rules of the	47760
commission. ~~All~~	47761

(D)(1) All fines collected for the violation of applicable	47762
laws of the state and the bylaws and rules of the commission or	47763
moneys arising from bonds forfeited for such violation shall be	47764
disposed of in accordance with section 5503.04 of the Revised	47765
Code.	47766

(2) All fees or charges assessed by the commission against an	47767
owner or operator of a vehicle as a civil violation for failure to	47768
comply with toll collection rules shall be revenues of the	47769
commission.	47770

Sec. 5537.99. ~~Whoever~~(A) Except as provided in division (B)	47771
of this section, whoever violates division (C) of section 5537.16	47772
of the Revised Code is guilty of a minor misdemeanor on a first	47773
offense; on each subsequent offense such person is guilty of a	47774
misdemeanor of the fourth degree.	47775

(B) Whoever violates division (C) of section 5537.16 of the	47776
Revised Code when the violation is a civil violation for failure	47777
to comply with toll collection rules is subject to a fee or charge	47778
established by the commission by rule.	47779

Sec. 5703.57. (A) As used in this section, "Ohio business	47780
gateway" has the same meaning as in section 718.051 of the Revised	47781
Code.	47782

(B) There is hereby created the Ohio business gateway	47783
steering committee to direct the continuing development of the	47784
Ohio business gateway and to oversee its operations. The committee	47785
shall provide general oversight regarding operation of the Ohio	47786
business gateway and shall recommend to the ~~department of~~	47787
~~administrative services~~office of information technology	47788
enhancements that will improve the Ohio business gateway. The	47789
committee shall consider all banking, technological,	47790
administrative, and other issues associated with the Ohio business	47791
gateway and shall make recommendations regarding the type of	47792
reporting forms or other tax documents to be filed through the	47793
Ohio business gateway.	47794

47795

(1) The following members, appointed by the governor with the	47796
advice and consent of the senate:	47797

(a) Not more than two representatives of the business	47798
community;	47799

(b) Not more than three representatives of municipal tax	47800
administrators; and	47801

47802

(2) The following ex officio members:

47803

(a) The director or other highest officer of each state	47804
agency that has tax reporting forms or other tax documents filed	47805
with it through the Ohio business gateway or the director's	47806
designee;	47807

(b) The secretary of state or the secretary of state's	47808
designee;	47809

(c) The treasurer of state or the treasurer of state's	47810
designee;	47811

(d) ~~The director of budget and management or the director's~~	47812
~~designee;~~	47813

~~(e)~~ The ~~director of the office of information technology~~	47814
state chief information officer or the ~~director's~~officer's	47815
designee; and	47816

~~(f)~~(e) The tax commissioner or the tax commissioner's	47817
designee.	47818

An appointed member shall serve until the member resigns or	47819
is removed by the governor. Vacancies shall be filled in the same	47820
manner as original appointments.	47821

(D) A vacancy on the committee does not impair the right of	47822
the other members to exercise all the functions of the committee.	47823
The presence of a majority of the members of the committee	47824
constitutes a quorum for the conduct of business of the committee.	47825
The concurrence of at least a majority of the members of the	47826
committee is necessary for any action to be taken by the	47827
committee. On request, each member of the committee shall be	47828
reimbursed for the actual and necessary expenses incurred in the	47829
discharge of the member's duties.	47830

(E) The committee is a part of the department of taxation for	47831
administrative purposes.	47832

(F) Each year, the governor shall select a member of the	47833
committee to serve as chairperson. The chairperson shall appoint	47834
an official or employee of the department of taxation to act as	47835
the committee's secretary. The secretary shall keep minutes of the	47836
committee's meetings and a journal of all meetings, proceedings,	47837
findings, and determinations of the committee.	47838

(G) The committee shall hire professional, technical, and	47839
clerical staff needed to support its activities.	47840

(H) The committee shall meet as often as necessary to perform	47841
its duties.	47842

Sec. 5703.80. There is hereby created in the state treasury	47843
the property tax administration fund. All money to the credit of	47844
the fund shall be used to defray the costs incurred by the	47845
department of taxation in administering the taxation of property	47846
and the equalization of real property valuation.	47847

Each fiscal year between the first and fifteenth days of	47848
July, the tax commissioner shall compute the following amounts for	47849
the property in each taxing district in each county, and certify	47850
to the director of budget and management the sum of those amounts	47851
for all taxing districts in all counties:	47852

(A) For fiscal year 2006, thirty-three hundredths of one per	47853
cent of the total amount by which taxes charged against real	47854
property on the general tax list of real and public utility	47855
property were reduced under section 319.302 of the Revised Code	47856
for the preceding tax year;	47857

(B) For fiscal year 2007 and thereafter, thirty-five	47858
hundredths of one per cent of the total amount by which taxes	47859
charged against real property on the general tax list of real and	47860
public utility property were reduced under section 319.302 of the	47861
Revised Code for the preceding tax year;	47862

(C) For fiscal year 2006, one-half of one per cent of the	47863
total amount of taxes charged and payable against public utility	47864
personal property on the general tax list of real and public	47865
utility property for the preceding tax year and of the total	47866
amount of taxes charged and payable against tangible personal	47867
property on the general tax list of personal property of the	47868
preceding tax year and for which returns were filed with the tax	47869
commissioner under section 5711.13 of the Revised Code;	47870

(D) For fiscal year 2007, fifty-six hundredths of one per	47871
cent of the total amount of taxes charged and payable against	47872
public utility personal property on the general tax list of real	47873
and public utility property for the preceding tax year and of the	47874
total amount of taxes charged and payable against tangible	47875
personal property on the general tax list of personal property of	47876
the preceding tax year and for which returns were filed with the	47877
tax commissioner under section 5711.13 of the Revised Code;	47878

(E) For fiscal year 2008 ~~and thereafter~~, six-tenths of one	47879
per cent of the total amount of taxes charged and payable against	47880
public utility personal property on the general tax list of real	47881
and public utility property for the preceding tax year and of the	47882
total amount of taxes charged and payable against tangible	47883
personal property on the general tax list of personal property of	47884
the preceding tax year and for which returns were filed with the	47885
tax commissioner under section 5711.13 of the Revised Code;	47886

(F) For fiscal year 2009 and thereafter, seven hundred	47887
twenty-five one-thousandths of one per cent of the total amount of	47888
taxes charged and payable against public utility personal property	47889
on the general tax list of real and public utility property for	47890
the preceding tax year and of the total amount of taxes charged	47891
and payable against tangible personal property on the general tax	47892
list of personal property of the preceding tax year and for which	47893
returns were filed with the tax commissioner under section 5711.13	47894
of the Revised Code.	47895

After receiving the tax commissioner's certification, the	47896
director of budget and management shall transfer from the general	47897
revenue fund to the property tax administration fund one-fourth of	47898
the amount certified on or before each of the following days: the	47899
first days of August, November, February, and May.	47900

On or before the thirtieth day of June of the fiscal year,	47901
the tax commissioner shall certify to the director of budget and	47902
management the sum of the amounts by which the amounts computed	47903
for a taxing district under this section exceeded the	47904
distributions to the taxing district under division (F) of section	47905
321.24 of the Revised Code, and the director shall transfer that	47906
sum from the property tax administration fund to the general	47907
revenue fund.	47908

Sec. 5705.01. As used in this chapter:

47909

(A) "Subdivision" means any county; municipal corporation;	47910
township; township police district; township fire district; joint	47911
fire district; joint ambulance district; joint emergency medical	47912
services district; fire and ambulance district; joint recreation	47913
district; township waste disposal district; township road	47914
district; community college district; technical college district;	47915
detention facility district; a district organized under section	47916
2151.65 of the Revised Code; a combined district organized under	47917
sections 2152.41 and 2151.65 of the Revised Code; a joint-county	47918
alcohol, drug addiction, and mental health service district; a	47919
drainage improvement district created under section 6131.52 of the	47920
Revised Code; a union cemetery district; a county school financing	47921
district; or a city, local, exempted village, cooperative	47922
education, or joint vocational school district; or a student	47923
special services district created under section 3313.82 of the	47924
Revised Code.	47925

(B) "Municipal corporation" means all municipal corporations,	47926
including those that have adopted a charter under Article XVIII,	47927
Ohio Constitution.	47928

(C) "Taxing authority" or "bond issuing authority" means, in	47929
the case of any county, the board of county commissioners; in the	47930
case of a municipal corporation, the council or other legislative	47931
authority of the municipal corporation; in the case of a city,	47932
local, exempted village, cooperative education, or joint	47933
vocational school district, the board of education; in the case of	47934
a community college district, the board of trustees of the	47935
district; in the case of a technical college district, the board	47936
of trustees of the district; in the case of a detention facility	47937
district, a district organized under section 2151.65 of the	47938
Revised Code, or a combined district organized under sections	47939
2152.41 and 2151.65 of the Revised Code, the joint board of county	47940
commissioners of the district; in the case of a township, the	47941
board of township trustees; in the case of a joint fire district,	47942
the board of fire district trustees; in the case of a joint	47943
recreation district, the joint recreation district board of	47944
trustees; in the case of a joint-county alcohol, drug addiction,	47945
and mental health service district, the district's board of	47946
alcohol, drug addiction, and mental health services; in the case	47947
of a joint ambulance district or a fire and ambulance district,	47948
the board of trustees of the district; in the case of a union	47949
cemetery district, the legislative authority of the municipal	47950
corporation and the board of township trustees, acting jointly as	47951
described in section 759.341 of the Revised Code; in the case of a	47952
drainage improvement district, the board of county commissioners	47953
of the county in which the drainage district is located; in the	47954
case of a joint emergency medical services district, the joint	47955
board of county commissioners of all counties in which all or any	47956
part of the district lies; and in the case of a township police	47957
district, a township fire district, a township road district, or a	47958
township waste disposal district, the board of township trustees	47959
of the township in which the district is located. "Taxing	47960
authority" also means the educational service center governing	47961
board that serves as the taxing authority of a county school	47962
financing district as provided in section 3311.50 of the Revised	47963
Code, and the board of directors of a student special services	47964
district created under section 3313.82 of the Revised Code.	47965

(D) "Fiscal officer" in the case of a county, means the	47966
county auditor; in the case of a municipal corporation, the city	47967
auditor or village clerk, or an officer who, by virtue of the	47968
charter, has the duties and functions of the city auditor or	47969
village clerk, except that in the case of a municipal university	47970
the board of directors of which have assumed, in the manner	47971
provided by law, the custody and control of the funds of the	47972
university, the chief accounting officer of the university shall	47973
perform, with respect to the funds, the duties vested in the	47974
fiscal officer of the subdivision by sections 5705.41 and 5705.44	47975
of the Revised Code; in the case of a school district, the	47976
treasurer of the board of education; in the case of a county	47977
school financing district, the treasurer of the educational	47978
service center governing board that serves as the taxing	47979
authority; in the case of a township, the township fiscal officer;	47980
in the case of a joint fire district, the clerk of the board of	47981
fire district trustees; in the case of a joint ambulance district,	47982
the clerk of the board of trustees of the district; in the case of	47983
a joint emergency medical services district, the person appointed	47984
as fiscal officer pursuant to division (D) of section 307.053 of	47985
the Revised Code; in the case of a fire and ambulance district,	47986
the person appointed as fiscal officer pursuant to division (B) of	47987
section 505.375 of the Revised Code; in the case of a joint	47988
recreation district, the person designated pursuant to section	47989
755.15 of the Revised Code; in the case of a union cemetery	47990
district, the clerk of the municipal corporation designated in	47991
section 759.34 of the Revised Code; in the case of a children's	47992
home district, educational service center, general health	47993
district, joint-county alcohol, drug addiction, and mental health	47994
service district, county library district, detention facility	47995
district, district organized under section 2151.65 of the Revised	47996
Code, a combined district organized under sections 2152.41 and	47997
2151.65 of the Revised Code, or a metropolitan park district for	47998
which no treasurer has been appointed pursuant to section 1545.07	47999
of the Revised Code, the county auditor of the county designated	48000
by law to act as the auditor of the district; in the case of a	48001
metropolitan park district which has appointed a treasurer	48002
pursuant to section 1545.07 of the Revised Code, that treasurer;	48003
in the case of a drainage improvement district, the auditor of the	48004
county in which the drainage improvement district is located; in	48005
the case of a student special services district, the fiscal	48006
officer appointed pursuant to section 3313.82 of the Revised Code;	48007
and in all other cases, the officer responsible for keeping the	48008
appropriation accounts and drawing warrants for the expenditure of	48009
the moneys of the district or taxing unit.	48010

(E) "Permanent improvement" or "improvement" means any	48011
property, asset, or improvement with an estimated life or	48012
usefulness of five years or more, including land and interests	48013
therein, and reconstructions, enlargements, and extensions thereof	48014
having an estimated life or usefulness of five years or more.	48015

(F) "Current operating expenses" and "current expenses" mean	48016
the lawful expenditures of a subdivision, except those for	48017
permanent improvements, and except payments for interest, sinking	48018
fund, and retirement of bonds, notes, and certificates of	48019
indebtedness of the subdivision.	48020

(G) "Debt charges" means interest, sinking fund, and	48021
retirement charges on bonds, notes, or certificates of	48022
indebtedness.	48023

(H) "Taxing unit" means any subdivision or other governmental	48024
district having authority to levy taxes on the property in the	48025
district or issue bonds that constitute a charge against the	48026
property of the district, including conservancy districts,	48027
metropolitan park districts, sanitary districts, road districts,	48028
and other districts.	48029

(I) "District authority" means any board of directors,	48030
trustees, commissioners, or other officers controlling a district	48031
institution or activity that derives its income or funds from two	48032
or more subdivisions, such as the educational service center, the	48033
trustees of district children's homes, the district board of	48034
health, a joint-county alcohol, drug addiction, and mental health	48035
service district's board of alcohol, drug addiction, and mental	48036
health services, detention facility districts, a joint recreation	48037
district board of trustees, districts organized under section	48038
2151.65 of the Revised Code, combined districts organized under	48039
sections 2152.41 and 2151.65 of the Revised Code, and other such	48040
boards.	48041

(J) "Tax list" and "tax duplicate" mean the general tax lists	48042
and duplicates prescribed by sections 319.28 and 319.29 of the	48043
Revised Code.	48044

(K) "Property" as applied to a tax levy means taxable	48045
property listed on general tax lists and duplicates.	48046

(L) "School library district" means a school district in	48047
which a free public library has been established that is under the	48048
control and management of a board of library trustees as provided	48049
in section 3375.15 of the Revised Code.	48050

Sec. 5705.214. Not more than three elections during any	48051
calendar year shall include the questions by a school district of	48052
tax levies proposed under any one or any combination of the	48053
following sections: sections 5705.194, 5705.21, 5705.212,	48054
5705.213, 5705.217, ~~and~~ 5705.218, 5748.02, 5748.021, and 5748.08	48055
of the Revised Code.	48056

Sec. 5705.219. (A) If the board of directors of a student	48057
special services district created under section 3313.82 of the	48058
Revised Code desires to levy a tax in excess of the ten-mill	48059
limitation throughout the district for the purpose of funding the	48060
services to be provided by the district to students enrolled in	48061
the school districts of which the district is composed and their	48062
immediate family members, the board shall propose the levy to each	48063
of the boards of education of those school districts. The proposal	48064
shall specify the rate or amount of the tax, the number of years	48065
the tax will be levied or that it will be levied for a continuing	48066
period of time, and that the aggregate rate of the tax shall not	48067
exceed three mills per dollar of taxable value in the student	48068
special services district.	48069

(B)(1) If a majority of the boards of education of the school	48070
districts of which the student special services district is	48071
composed approves the proposal for the tax levy, the board of	48072
directors of the student special services district may adopt a	48073
resolution approved by a majority of the board's full membership	48074
declaring the necessity of levying the proposed tax in excess of	48075
the ten-mill limitation throughout the district for the purpose of	48076
funding the services to be provided by the district to students	48077
enrolled in the school districts of which the district is composed	48078
and their immediate family members. The resolution shall provide	48079
for the question of the tax to be submitted to the electors of the	48080
district at a general, primary, or special election on a day to be	48081
specified in the resolution that is consistent with the	48082
requirements of section 3501.01 of the Revised Code and that	48083
occurs at least seventy-five days after the resolution is	48084
certified to the board of elections. The resolution shall specify	48085
the rate or amount of the tax and the number of years the tax will	48086
be levied or that the tax will be levied for a continuing period	48087
of time. The aggregate rate of tax levied by a student special	48088
services district under this section at any time shall not exceed	48089
three mills per dollar of taxable value in the district. A tax	48090
levied under this section may be renewed, subject to section	48091
5705.25 of the Revised Code, or replaced as provided in section	48092
5705.192 of the Revised Code.	48093

(2) The resolution shall take effect immediately upon	48094
passage, and no publication of the resolution is necessary other	48095
than that provided in the notice of election. The resolution shall	48096
be certified and submitted in the manner provided under section	48097
5705.25 of the Revised Code, and that section governs the	48098
arrangements governing submission of the question and other	48099
matters concerning the election.	48100

Sec. 5705.25. (A) A copy of any resolution adopted as	48101
provided in section 5705.19 or 5705.219 of the Revised Code shall	48102
be certified by the taxing authority to the board of elections of	48103
the proper county not less than seventy-five days before the	48104
general election in any year, and the board shall submit the	48105
proposal to the electors of the subdivision at the succeeding	48106
November election. Except as otherwise provided in this division,	48107
a resolution to renew an existing levy, regardless of the section	48108
of the Revised Code under which the tax was imposed, shall not be	48109
placed on the ballot unless the question is submitted at the	48110
general election held during the last year the tax to be renewed	48111
or replaced may be extended on the real and public utility	48112
property tax list and duplicate, or at any election held in the	48113
ensuing year. The limitation of the foregoing sentence does not	48114
apply to a resolution to renew and increase or to renew part of an	48115
existing levy that was imposed under section 5705.191 of the	48116
Revised Code to supplement the general fund for the purpose of	48117
making appropriations for one or more of the following purposes:	48118
for public assistance, human or social services, relief, welfare,	48119
hospitalization, health, and support of general hospitals. The	48120
limitation of the second preceding sentence also does not apply to	48121
a resolution that proposes to renew two or more existing levies	48122
imposed under section 5705.21 of the Revised Code, in which case	48123
the question shall be submitted on the date of the general or	48124
primary election held during the last year at least one of the	48125
levies to be renewed may be extended on the real and public	48126
utility property tax list and duplicate, or at any election held	48127
during the ensuing year. For purposes of this section, a levy	48128
shall be considered to be an "existing levy" through the year	48129
following the last year it can be placed on that tax list and	48130
duplicate.	48131

The board shall make the necessary arrangements for the	48132
submission of such questions to the electors of such subdivision,	48133
and the election shall be conducted, canvassed, and certified in	48134
the same manner as regular elections in such subdivision for the	48135
election of county officers. Notice of the election shall be	48136
published in a newspaper of general circulation in the subdivision	48137
once a week for two consecutive weeks prior to the election, and,	48138
if the board of elections operates and maintains a web site, the	48139
board of elections shall post notice of the election on its web	48140
site for thirty days prior to the election. The notice shall state	48141
the purpose, the proposed increase in rate expressed in dollars	48142
and cents for each one hundred dollars of valuation as well as in	48143
mills for each one dollar of valuation, the number of years during	48144
which the increase will be in effect, the first month and year in	48145
which the tax will be levied, and the time and place of the	48146
election.	48147

(B) The form of the ballots cast at an election held pursuant	48148
to division (A) of this section shall be as follows:	48149

"An additional tax for the benefit of (name of subdivision or	48150
public library) .......... for the purpose of (purpose stated in	48151
the resolution) .......... at a rate not exceeding ...... mills	48152
for each one dollar of valuation, which amounts to (rate expressed	48153
in dollars and cents) ............ for each one hundred dollars of	48154
valuation, for ...... (life of indebtedness or number of years the	48155
levy is to run).	48156

48157

		For the Tax Levy			48158
		Against the Tax Levy	"		48159

48160

(C) If the levy is to be in effect for a continuing period of	48161
time, the notice of election and the form of ballot shall so state	48162
instead of setting forth a specified number of years for the levy.	48163

If the tax is to be placed on the current tax list, the form	48164
of the ballot shall be modified by adding, after the statement of	48165
the number of years the levy is to run, the phrase ", commencing	48166
in .......... (first year the tax is to be levied), first due in	48167
calendar year .......... (first calendar year in which the tax	48168
shall be due)."	48169

If the levy submitted is a proposal to renew, increase, or	48170
decrease an existing levy, the form of the ballot specified in	48171
division (B) of this section may be changed by substituting for	48172
the words "An additional" at the beginning of the form, the words	48173
"A renewal of a" in case of a proposal to renew an existing levy	48174
in the same amount; the words "A renewal of ........ mills and an	48175
increase of ...... mills to constitute a" in the case of an	48176
increase; or the words "A renewal of part of an existing levy,	48177
being a reduction of ...... mills, to constitute a" in the case of	48178
a decrease in the proposed levy.	48179

If the levy submitted is a proposal to renew two or more	48180
existing levies imposed under section 5705.21 of the Revised Code,	48181
the form of the ballot specified in division (B) of this section	48182
shall be modified by substituting for the words "an additional	48183
tax" the words "a renewal of ....(insert the number of levies to	48184
be renewed) existing taxes."	48185

The question covered by such resolution shall be submitted as	48186
a separate proposition but may be printed on the same ballot with	48187
any other proposition submitted at the same election, other than	48188
the election of officers. More than one such question may be	48189
submitted at the same election.	48190

(D) A levy voted in excess of the ten-mill limitation under	48191
this section shall be certified to the tax commissioner. In the	48192
first year of the levy, it shall be extended on the tax lists	48193
after the February settlement succeeding the election. If the	48194
additional tax is to be placed upon the tax list of the current	48195
year, as specified in the resolution providing for its submission,	48196
the result of the election shall be certified immediately after	48197
the canvass by the board of elections to the taxing authority, who	48198
shall make the necessary levy and certify it to the county	48199
auditor, who shall extend it on the tax lists for collection.	48200
After the first year, the tax levy shall be included in the annual	48201
tax budget that is certified to the county budget commission.	48202

Sec. 5705.29. This section does not apply to a subdivision or	48203
taxing unit for which the county budget commission has waived the	48204
requirement to adopt a tax budget pursuant to section 5705.281 of	48205
the Revised Code. The tax budget shall present the following	48206
information in such detail as is prescribed by the auditor of	48207
state:	48208

(A)(1) A statement of the necessary current operating	48209
expenses for the ensuing fiscal year for each department and	48210
division of the subdivision, classified as to personal services	48211
and other expenses, and the fund from which such expenditures are	48212
to be made. Except in the case of a school district, this estimate	48213
may include a contingent expense not designated for any particular	48214
purpose, and not to exceed three per cent of the total amount of	48215
appropriations for current expenses. In the case of a school	48216
district, this estimate may include a contingent expense not	48217
designated for any particular purpose and not to exceed thirteen	48218
per cent of the total amount of appropriations for current	48219
expenses.	48220

(2) A statement of the expenditures for the ensuing fiscal	48221
year necessary for permanent improvements, exclusive of any	48222
expense to be paid from bond issues, classified as to the	48223
improvements contemplated by the subdivision and the fund from	48224
which such expenditures are to be made;	48225

(3) The amounts required for the payment of final judgments;

48226

(4) A statement of expenditures for the ensuing fiscal year	48227
necessary for any purpose for which a special levy is authorized,	48228
and the fund from which such expenditures are to be made;	48229

(5) Comparative statements, so far as possible, in parallel	48230
columns of corresponding items of expenditures for the current	48231
fiscal year and the two preceding fiscal years.	48232

(B)(1) An estimate of receipts from other sources than the	48233
general property tax during the ensuing fiscal year, which shall	48234
include an estimate of unencumbered balances at the end of the	48235
current fiscal year, and the funds to which such estimated	48236
receipts are credited;	48237

(2) The amount each fund requires from the general property	48238
tax, which shall be the difference between the contemplated	48239
expenditure from the fund and the estimated receipts, as provided	48240
in this section. The section of the Revised Code under which the	48241
tax is authorized shall be set forth.	48242

(3) Comparative statements, so far as possible, in parallel	48243
columns of taxes and other revenues for the current fiscal year	48244
and the two preceding fiscal years.	48245

(C)(1) The amount required for debt charges;

48246

(2) The estimated receipts from sources other than the tax	48247
levy for payment of such debt charges, including the proceeds of	48248
refunding bonds to be issued to refund bonds maturing in the next	48249
succeeding fiscal year;	48250

(3) The net amount for which a tax levy shall be made,	48251
classified as to bonds authorized and issued prior to January 1,	48252
1922, and those authorized and issued subsequent to such date, and	48253
as to what portion of the levy will be within and what in excess	48254
of the ten-mill limitation.	48255

(D) An estimate of amounts from taxes authorized to be levied	48256
in excess of the ten-mill limitation on the tax rate, and the fund	48257
to which such amounts will be credited, together with the sections	48258
of the Revised Code under which each such tax is exempted from all	48259
limitations on the tax rate.	48260

(E)(1) A board of education may include in its budget for the	48261
fiscal year in which a levy proposed under section 5705.194,	48262
5705.21, or 5705.213, or the original levy under section 5705.212	48263
of the Revised Code is first extended on the tax list and	48264
duplicate an estimate of expenditures to be known as a voluntary	48265
contingency reserve balance, which shall not be greater than	48266
twenty-five per cent of the total amount of the levy estimated to	48267
be available for appropriation in such year.	48268

(2) A board of education may include in its budget for the	48269
fiscal year following the year in which a levy proposed under	48270
section 5705.194, 5705.21, or 5705.213, or the original levy under	48271
section 5705.212 of the Revised Code is first extended on the tax	48272
list and duplicate an estimate of expenditures to be known as a	48273
voluntary contingency reserve balance, which shall not be greater	48274
than twenty per cent of the amount of the levy estimated to be	48275
available for appropriation in such year.	48276

(3) Except as provided in division (E)(4) of this section,	48277
the full amount of any reserve balance the board includes in its	48278
budget shall be retained by the county auditor and county	48279
treasurer out of the first semiannual settlement of taxes until	48280
the beginning of the next succeeding fiscal year, and thereupon,	48281
with the depository interest apportioned thereto, it shall be	48282
turned over to the board of education, to be used for the purposes	48283
of such fiscal year.	48284

(4) A board of education, by a two-thirds vote of all members	48285
of the board, may appropriate any amount withheld as a voluntary	48286
contingency reserve balance during the fiscal year for any lawful	48287
purpose, provided that prior to such appropriation the board of	48288
education has authorized the expenditure of all amounts	48289
appropriated for contingencies under section 5705.40 of the	48290
Revised Code. Upon request by the board of education, the county	48291
auditor shall draw a warrant on the district's account in the	48292
county treasury payable to the district in the amount requested.	48293

(F)(1) A board of education may include a spending reserve in	48294
its budget for fiscal years ending on or before June 30, 2002. The	48295
spending reserve shall consist of an estimate of expenditures not	48296
to exceed the district's spending reserve balance. A district's	48297
spending reserve balance is the amount by which the designated	48298
percentage of the district's estimated personal property taxes to	48299
be settled during the calendar year in which the fiscal year ends	48300
exceeds the estimated amount of personal property taxes to be so	48301
settled and received by the district during that fiscal year.	48302
Moneys from a spending reserve shall be appropriated in accordance	48303
with section 133.301 of the Revised Code.	48304

(2) For the purposes of computing a school district's	48305
spending reserve balance for a fiscal year, the designated	48306
percentage shall be as follows:	48307

Fiscal year ending in:	Designated percentage	48308
1998	50%	48309
1999	40%	48310
2000	30%	48311
2001	20%	48312
2002	10%	48313

(G) Except as otherwise provided in this division, the county	48314
budget commission shall not reduce the taxing authority of a	48315
subdivision as a result of the creation of a reserve balance	48316
account. Except as otherwise provided in this division, the county	48317
budget commission shall not consider the amount in a reserve	48318
balance account of a township, county, or municipal corporation as	48319
an unencumbered balance or as revenue for the purposes of division	48320
(E)(3) or (4) of section 5747.51 ~~or division (E)(3) or (4) of~~	48321
~~section 5747.62~~ of the Revised Code. The county budget commission	48322
may require documentation of the reasonableness of the reserve	48323
balance held in any reserve balance account. The commission shall	48324
consider any amount in a reserve balance account that it	48325
determines to be unreasonable as unencumbered and as revenue for	48326
the purposes of sections 5747.51 ~~and 5747.62~~ of the Revised Code	48327
and may take such amounts into consideration when determining	48328
whether to reduce the taxing authority of a subdivision.	48329

Sec. 5705.44. When contracts or leases run beyond the	48330
termination of the fiscal year in which they are made, the fiscal	48331
officer of the taxing authority shall make a certification for the	48332
amount required to meet the obligation of such contract or lease	48333
maturing in such fiscal year. The amount of the obligation under	48334
such contract or lease remaining unfulfilled at the end of a	48335
fiscal year, and which will become payable during the next fiscal	48336
year, shall be included in the annual appropriation measure for	48337
the next year as a fixed charge.	48338

The certificate required by section 5705.41 of the Revised	48339
Code as to money in the treasury shall not be required for	48340
contracts on which payments are to be made from the earnings of a	48341
publicly operated water works or public utility, but in the case	48342
of any such contract made without such certification, no payment	48343
shall be made on account thereof, and no claim or demand thereon	48344
shall be recoverable, except out of such earnings. That	48345
certificate also shall not be required if requiring the	48346
certificate makes it impossible for a county board of mental	48347
retardation and developmental disabilities to pay the nonfederal	48348
share of medicaid expenditures that the county board is required	48349
by ~~division (A) of section 5126.057~~sections 5126.059 and	48350
5126.0510 of the Revised Code to pay.	48351

Sec. 5709.68. (A) On or before the thirty-first day of March	48352
each year, a municipal corporation or county that has entered into	48353
an agreement with an enterprise under section 5709.62, 5709.63, or	48354
5709.632 of the Revised Code shall submit to the director of	48355
development and the board of education of each school district of	48356
which a municipal corporation or township to which such an	48357
agreement applies is a part a report on all of those agreements in	48358
effect during the preceding calendar year. The report shall	48359
include all of the following information:	48360

(1) The designation, assigned by the director of development,	48361
of each urban jobs and enterprise zone within the municipal	48362
corporation or county, the date each zone was certified, the name	48363
of each municipal corporation or township within each zone, and	48364
the total population of each zone according to the most recent	48365
data available;	48366

(2) The number of enterprises that are subject to those	48367
agreements and the number of full-time employees subject to those	48368
agreements within each zone, each according to the most recent	48369
data available and identified and categorized by the appropriate	48370
standard industrial code, and the rate of unemployment in the	48371
municipal corporation or county in which the zone is located for	48372
each year since each zone was certified;	48373

(3) The number of agreements approved and executed during the	48374
calendar year for which the report is submitted, the total number	48375
of agreements in effect on the thirty-first day of December of the	48376
preceding calendar year, the number of agreements that expired	48377
during the calendar year for which the report is submitted, and	48378
the number of agreements scheduled to expire during the calendar	48379
year in which the report is submitted. For each agreement that	48380
expired during the calendar year for which the report is	48381
submitted, the municipal corporation or county shall include the	48382
amount of taxes exempted and the estimated dollar value of any	48383
other incentives provided under the agreement.	48384

(4) The number of agreements receiving compliance reviews by	48385
the tax incentive review council in the municipal corporation or	48386
county during the calendar year for which the report is submitted,	48387
including all of the following information:	48388

(a) The number of agreements the terms of which an enterprise	48389
has complied with, indicating separately for each agreement the	48390
value of the real and personal property exempted pursuant to the	48391
agreement and a comparison of the stipulated and actual schedules	48392
for hiring new employees, for retaining existing employees, for	48393
the amount of payroll of the enterprise attributable to these	48394
employees, and for investing in establishing, expanding,	48395
renovating, or occupying a facility;	48396

(b) The number of agreements the terms of which an enterprise	48397
has failed to comply with, indicating separately for each	48398
agreement the value of the real and personal property exempted	48399
pursuant to the agreement and a comparison of the stipulated and	48400
actual schedules for hiring new employees, for retaining existing	48401
employees, for the amount of payroll of the enterprise	48402
attributable to these employees, and for investing in	48403
establishing, expanding, renovating, or occupying a facility;	48404

(c) The number of agreements about which the tax incentive	48405
review council made recommendations to the legislative authority	48406
of the municipal corporation or county, and the number of those	48407
recommendations that have not been followed;	48408

(d) The number of agreements rescinded during the calendar	48409
year for which the report is submitted.	48410

(5) The number of enterprises that are subject to agreements	48411
that expanded within each zone, including the number of new	48412
employees hired and existing employees retained by each	48413
enterprise, and the number of new enterprises that are subject to	48414
agreements and that established within each zone, including the	48415
number of new employees hired by each enterprise;	48416

(6)(a) The number of enterprises that are subject to	48417
agreements and that closed or reduced employment at any place of	48418
business within the state for the primary purpose of establishing,	48419
expanding, renovating, or occupying a facility, indicating	48420
separately for each enterprise the political subdivision in which	48421
the enterprise closed or reduced employment at a place of business	48422
and the number of full-time employees transferred and retained by	48423
each such place of business;	48424

(b) The number of enterprises that are subject to agreements	48425
and that closed or reduced employment at any place of business	48426
outside the state for the primary purpose of establishing,	48427
expanding, renovating, or occupying a facility.	48428

(7) For each agreement in effect during any part of the	48429
preceding year, the number of employees employed by the enterprise	48430
at the project site immediately prior to formal approval of the	48431
agreement, the number of employees employed by the enterprise at	48432
the project site on the thirty-first day of December of the	48433
preceding year, the payroll of the enterprise for the preceding	48434
year, the amount of taxes paid on tangible personal property	48435
situated at the project site and the amount of those taxes that	48436
were not paid because of the exemption granted under the	48437
agreement, and the amount of taxes paid on real property	48438
constituting the project site and the amount of those taxes that	48439
were not paid because of the exemption granted under the	48440
agreement. If an agreement was entered into under section 5709.632	48441
of the Revised Code with an enterprise described in division	48442
(B)(2) of that section, the report shall include the number of	48443
employee positions at all of the enterprise's locations in this	48444
state. If an agreement is conditioned on a waiver issued under	48445
division (B) of section 5709.633 of the Revised Code on the basis	48446
of the circumstance described in division (B)(3)(a) or (b) of that	48447
section, the report shall include the number of employees at the	48448
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that	48449
section, respectively.	48450

(B) Upon the failure of a municipal corporation or county to	48451
comply with division (A) of this section:	48452

(1) Beginning on the first day of April of the calendar year	48453
in which the municipal corporation or county fails to comply with	48454
that division, the municipal corporation or county shall not enter	48455
into any agreements with an enterprise under section 5709.62,	48456
5709.63, or 5709.632 of the Revised Code until the municipal	48457
corporation or county has complied with division (A) of this	48458
section.	48459

(2) On the first day of each ensuing calendar month until the	48460
municipal corporation or county complies with division (A) of this	48461
section, the director of development shall either order the proper	48462
county auditor to deduct from the next succeeding payment of taxes	48463
to the municipal corporation or county under section 321.31,	48464
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	48465
one thousand dollars for each calendar month the municipal	48466
corporation or county fails to comply with that division, or order	48467
the county auditor to deduct that amount from the next succeeding	48468
payment to the municipal corporation or county from the undivided	48469
local government fund under section 5747.51 of the Revised Code.	48470
At the time such a payment is made, the county auditor shall	48471
comply with the director's order by issuing a warrant, drawn on	48472
the fund from which the money would have been paid, to the	48473
director of development, who shall deposit the warrant into the	48474
state enterprise zone program administration fund created in	48475
division (C) of this section.	48476

(C) The director, by rule, shall establish the state's	48477
application fee for applications submitted to a municipal	48478
corporation or county to enter into an agreement under section	48479
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing	48480
the amount of the fee, the director shall consider the state's	48481
cost of administering the enterprise zone program, including the	48482
cost of reviewing the reports required under division (A) of this	48483
section. The director may change the amount of the fee at the	48484
times and in the increments the director considers necessary. Any	48485
municipal corporation or county that receives an application shall	48486
collect the application fee and remit the fee for deposit in the	48487
state treasury to the credit of the ~~state enterprise zone program~~	48488
~~administration fund, which is hereby created. Money credited to~~	48489
~~the fund shall be used by the department of development to pay the~~	48490
~~costs of administering the enterprise zone program, including the~~	48491
~~cost of reviewing the reports required under division (A) of this~~	48492
~~section~~tax incentive programs operating fund created in section	48493
122.174 of the Revised Code.	48494

(D) On or before the thirtieth day of June each year, the	48495
director of development shall certify to the tax commissioner the	48496
information described under division (A)(7) of this section,	48497
derived from the reports submitted to the director under this	48498
section.	48499

On the basis of the information certified under this	48500
division, the tax commissioner annually shall submit a report to	48501
the governor, the speaker of the house of representatives, the	48502
president of the senate, and the chairpersons of the ways and	48503
means committees of the respective houses of the general assembly,	48504
indicating for each enterprise zone the amount of state and local	48505
taxes that were not required to be paid because of exemptions	48506
granted under agreements entered into under section 5709.62,	48507
5709.63, or 5709.632 of the Revised Code and the amount of	48508
additional taxes paid from the payroll of new employees.	48509

Sec. 5711.01. As used in this chapter:

48510

(A)(1) "Taxable property" includes all the kinds of property	48511
mentioned in division (B) of section 5709.01 and section 5709.02	48512
of the Revised Code, and also the amount or value as of the date	48513
of conversion of all taxable property converted into bonds or	48514
other securities not taxed on or after the first day of November	48515
in the year preceding the date of listing, and of all other	48516
taxable property converted into deposits after the date as of	48517
which deposits are required to be listed in such year, except in	48518
the usual course of the taxpayer's business, to the extent the	48519
taxpayer may hold or control such bonds, securities, or deposits	48520
on such day, without deduction for indebtedness created in the	48521
purchase of such bonds or securities from the taxpayer's credits.	48522
"Taxable property" does not include such investments and deposits	48523
as are taxable at the source as provided in sections 5725.01 to	48524
5725.26 of the Revised Code, surrender values under policies of	48525
insurance, or any tangible personal property acquired from a	48526
public utility or interexchange telecommunications company as	48527
defined in section 5727.01 of the Revised Code and leased back to	48528
the public utility or interexchange telecommunications company	48529
pursuant to a sale and leaseback transaction as defined in	48530
division (I) of section 5727.01 of the Revised Code. For tax year	48531
2007 and thereafter, "taxable property" of a telephone, telegraph,	48532
or interexchange telecommunications company, as defined in section	48533
5727.01 of the Revised Code, includes property subject to such a	48534
sale and leaseback transaction.	48535

(2) For tax year 2007 and thereafter, taxable property leased	48536
to a telephone, telegraph, or interexchange telecommunications	48537
company, as defined in section 5727.01 of the Revised Code, other	48538
than pursuant to a sale and leaseback transaction, shall be listed	48539
and assessed by the owner of the property as follows:	48540

(a) If the property leased to such a company is not governed	48541
by division (C) of section 5711.22 of the Revised Code in tax	48542
years 2007 and 2008, it shall be listed and assessed at the	48543
percentage of true value in money required under division ~~(H)~~(G)	48544
of section 5711.22 of the Revised Code.	48545

(b) All property leased to such a company in tax years 2009	48546
and 2010 shall be listed and assessed at the percentage of true	48547
value in money required under division (H) of section 5711.22 of	48548
the Revised Code.	48549

(3) For tax years 2009 and 2010, the lessor of property	48550
subject to division (A)(2) of this section shall have the true	48551
value of the property the lessor leases to a telephone, telegraph,	48552
or interexchange telecommunications company determined under	48553
divisions (A)(5) and (E) of section 5727.06 of the Revised Code.	48554

(B) "Taxpayer" means any owner of taxable property, including	48555
property exempt under division (C) of section 5709.01 of the	48556
Revised Code, and includes every person residing in, or	48557
incorporated or organized by or under the laws of this state, or	48558
doing business in this state, or owning or having a beneficial	48559
interest in taxable personal property in this state and every	48560
fiduciary required by sections 5711.01 to 5711.36 of the Revised	48561
Code, to make a return for or on behalf of another. For tax year	48562
2007 and thereafter, "taxpayer" includes telephone companies,	48563
telegraph companies, and interexchange telecommunications company	48564
as defined in section 5727.01 of the Revised Code. The tax	48565
commissioner may by rule define and designate the taxpayer, as to	48566
any taxable property which would not otherwise be required by this	48567
section to be returned; and any such rule shall be considered	48568
supplementary to the enumeration of kinds of taxpayers following:	48569

(1) Individuals of full age and sound mind residing in this	48570
state;	48571

(2) Partnerships, corporations, associations, and joint-stock	48572
companies, under whatever laws organized or existing, doing	48573
business or having taxable property in this state; and	48574
corporations incorporated by or organized under the laws of this	48575
state, wherever their actual business is conducted;	48576

(3) Fiduciaries appointed by any court in this state or	48577
having title, possession, or custody of taxable personal property	48578
in this state or engaged in business in this state;	48579

(4) Unincorporated mutual funds.

48580

"Taxpayer" excludes all individuals, partnerships,	48581
corporations, associations, and joint-stock companies, their	48582
executors, administrators, and receivers who are defined in Title	48583
LVII of the Revised Code as financial institutions, dealers in	48584
intangibles, domestic insurance companies, or public utilities,	48585
except to the extent they may be required by sections 5711.01 to	48586
5711.36 of the Revised Code, to make returns as fiduciaries, or by	48587
section 5725.26 of the Revised Code, to make returns of property	48588
leased, or held for the purpose of leasing, to others if the owner	48589
or lessor of the property acquired it for the sole purpose of	48590
leasing it to others or to the extent that property is taxable	48591
under section 5725.25 of the Revised Code.	48592

(C) "Return" means the taxpayer's annual report of taxable	48593
property.	48594

(D) "List" means the designation, in a return, of the	48595
description of taxable property, the valuation or amount thereof,	48596
the name of the owner, and the taxing district where assessable.	48597

(E) "Taxing district" means, in the case of property	48598
assessable on the classified tax list and duplicate, a municipal	48599
corporation or the territory in a county outside the limits of all	48600
municipal corporations therein; in the case of property assessable	48601
on the general tax list and duplicate, a municipal corporation or	48602
township, or part thereof, in which the aggregate rate of taxation	48603
is uniform.	48604

(F) "Assessor" includes the tax commissioner and the county	48605
auditor as deputy of the commissioner.	48606

(G) "Fiduciary" includes executors, administrators, parents,	48607
guardians, receivers, assignees, official custodians, factors,	48608
bailees, lessees, agents, attorneys, and employees, but does not	48609
include trustees unless the sense so requires.	48610

(H) "General tax list and duplicate" means the books or	48611
records containing the assessments of property subject to local	48612
tax levies.	48613

(I) "Classified tax list and duplicate" means the books or	48614
records containing the assessments of property not subject to	48615
local tax levies.	48616

(J) "Investment company" means any corporation, the shares of	48617
which are regularly offered for sale to the public, engaged solely	48618
in the business of investing and reinvesting funds in real	48619
property or investments, or holding or selling real property or	48620
investments for the purpose of realizing income or profit which is	48621
distributed to its shareholders. Investment company does not	48622
include any dealer in intangibles, as defined in section 5725.01	48623
of the Revised Code.	48624

(K) "Unincorporated mutual fund" means any partnership, each	48625
partner of which is a corporation, engaged solely in the business	48626
of investing and reinvesting funds in investments, or holding or	48627
selling investments for the purpose of realizing income or profit	48628
which is distributed to its partners and which is subject to	48629
Chapter 1707. of the Revised Code. An unincorporated mutual fund	48630
does not include any dealer in intangibles as defined in section	48631
5725.01 of the Revised Code.	48632

Sec. 5713.011. If the county auditor determines under	48633
section 5713.01 of the Revised Code that the construction of a	48634
dwelling on a previously vacant parcel of land is now available	48635
for use or that an additional dwelling is constructed on a parcel	48636
of land and is now available for use, the county auditor, by	48637
ordinary mail, shall send to the owner of the dwelling a notice	48638
that the applicant may apply for a reduction in taxes under	48639
division (A)(2) of section 323.153 of the Revised Code. The notice	48640
shall be substantially in the form of the notice prescribed under	48641
division ~~(C)(2)~~(A)(3)(b) of section 323.131 of the Revised Code.	48642

Sec. 5725.24. (A) As used in this section, "qualifying	48643
dealer" means a dealer in intangibles that is a qualifying dealer	48644
in intangibles as defined in section 5733.45 of the Revised Code	48645
or a member of a qualifying controlled group, as defined in	48646
section 5733.04 of the Revised Code, of which an insurance company	48647
also is a member on the first day of January of the year in and	48648
for which the tax imposed by section 5707.03 of the Revised Code	48649
is required to be paid by the dealer.	48650

(B) The taxes levied by section 5725.18 of the Revised Code	48651
and collected pursuant to this chapter shall be paid into the	48652
state treasury to the credit of the general revenue fund.	48653

(C) The taxes levied by section 5707.03 of the Revised Code	48654
on the value of shares in and capital employed by dealers in	48655
intangibles other than those that are qualifying dealers shall be	48656
for the use of the general revenue fund of the state and the local	48657
government funds of the several counties in which the taxes	48658
originate as provided in this division.	48659

~~On or before the first day of~~During each month onfor which	48660
there is money in the state treasury for disbursement under this	48661
division, the tax commissioner shall provide for payment to the	48662
county treasurer of each county of five-eighths of the amount of	48663
the taxes collected on account of shares in and capital employed	48664
by dealers in intangibles other than those that are qualifying	48665
dealers, representing capital employed in the county. The balance	48666
of the money received and credited on account of taxes assessed on	48667
shares in and capital employed by such dealers in intangibles	48668
shall be credited to the general revenue fund.	48669

Reductions in the amount of taxes collected on account of	48670
credits allowed under section 5725.151 of the Revised Code shall	48671
be applied to reduce the amount credited to the general revenue	48672
fund and shall not be applied to reduce the amount to be credited	48673
to the undivided local government funds of the counties in which	48674
such taxes originate.	48675

For the purpose of this division, such taxes are deemed to	48676
originate in the counties in which such dealers in intangibles	48677
have their offices.	48678

Money received into the treasury of a county pursuant to this	48679
section shall be credited to the undivided local government fund	48680
of the county and shall be distributed by the budget commission as	48681
provided by law.	48682

(D) All of the taxes levied under section 5707.03 of the	48683
Revised Code on the value of the shares in and capital employed by	48684
dealers in intangibles that are qualifying dealers shall be paid	48685
into the state treasury to the credit of the general revenue fund.	48686

Sec. 5727.06. (A) Except as otherwise provided by law, the	48687
following constitutes the taxable property of a public utility,	48688
interexchange telecommunications company, or public utility	48689
property lessor that shall be assessed by the tax commissioner:	48690

(1) For tax years before tax year 2006:

48691

(a) In the case of a railroad company, all real property and	48692
tangible personal property owned or operated by the railroad	48693
company in this state on the thirty-first day of December of the	48694
preceding year;	48695

(b) In the case of a water transportation company, all	48696
tangible personal property, except watercraft, owned or operated	48697
by the water transportation company in this state on the	48698
thirty-first day of December of the preceding year and all	48699
watercraft owned or operated by the water transportation company	48700
in this state during the preceding calendar year;	48701

(c) In the case of all other public utilities and	48702
interexchange telecommunications companies, all tangible personal	48703
property that on the thirty-first day of December of the preceding	48704
year was both located in this state and:	48705

(i) Owned by the public utility or interexchange	48706
telecommunications company; or	48707

(ii) Leased by the public utility or interexchange	48708
telecommunications company under a sale and leaseback transaction.	48709

(2) For tax years 2006, 2007, and 2008:

48710

(a) In the case of a railroad company, all real property used	48711
in railroad operations and tangible personal property owned or	48712
operated by the railroad company in this state on the thirty-first	48713
day of December of the preceding year;	48714

(b) In the case of a water transportation company, all	48715
tangible personal property, except watercraft, owned or operated	48716
by the water transportation company in this state on the	48717
thirty-first day of December of the preceding year and all	48718
watercraft owned or operated by the water transportation company	48719
in this state during the preceding calendar year;	48720

(c) In the case of all other public utilities except	48721
telephone and telegraph companies, all tangible personal property	48722
that on the thirty-first day of December of the preceding year was	48723
both located in this state and either owned by the public utility	48724
or leased by the public utility under a sale and leaseback	48725
transaction.	48726

(3) For tax year 2009 and each tax year thereafter:

48727

(a) In the case of a railroad company, all real property used	48728
in railroad operations and tangible personal property owned or	48729
operated by the railroad company in this state on the thirty-first	48730
day of December of the preceding year;	48731

(b) In the case of a water transportation company, all	48732
tangible personal property, except watercraft, owned or operated	48733
by the water transportation company in this state on the	48734
thirty-first day of December of the preceding year and all	48735
watercraft owned or operated by the water transportation company	48736
in this state during the preceding calendar year;	48737

(c) In the case of all other public utilities except	48738
telephone and telegraph companies, all tangible personal property	48739
that on the thirty-first day of December of the preceding year was	48740
both located in this state and either owned by the public utility	48741
or leased by the public utility under a sale and leaseback	48742
transaction;	48743

(d) In the case of a public utility property lessor, all	48744
personal property that on the thirty-first day of December of the	48745
preceding year was both located in this state and leased, in other	48746
than a sale and leaseback transaction, to a public utility other	48747
than a railroad, telephone, telegraph, or water transportation	48748
company. The assessment rate used under section 5727.111 of the	48749
Revised Code shall be based on the assessment rate that would	48750
apply if the public utility owned the property.	48751

(4) For tax years 2005 and 2006, in the case of telephone,	48752
telegraph, or interexchange telecommunications companies, all	48753
tangible personal property that on the thirty-first day of	48754
December of the preceding year was both located in this state and	48755
either owned by the telephone, telegraph, or interexchange	48756
telecommunications company or leased by the telephone, telegraph,	48757
or interexchange telecommunications company under a sale and	48758
leaseback transaction.	48759

(5)(a) For tax year 2007 and thereafter, in the case of	48760
telephone, telegraph, or interexchange telecommunications	48761
companies, all tangible personal property shall be listed and	48762
assessed for taxation under Chapter 5711. of the Revised Code, but	48763
the tangible personal property shall be valued in accordance with	48764
this chapter using the composite annual allowances and other	48765
valuation procedures prescribed under section 5727.11 of the	48766
Revised Code by the tax commissioner for such property for tax	48767
year 2006, notwithstanding any section of Chapter 5711. of the	48768
Revised Code to the contrary.	48769

(b) A telephone, telegraph, or interexchange	48770
telecommunications company subject to division (A)(5)(a) of this	48771
section shall file a combined return with the tax commissioner in	48772
accordance with section 5711.13 of the Revised Code even if the	48773
company has tangible personal property in only one county. Such a	48774
company also is subject to the issuance of a preliminary	48775
assessment certificate by the tax commissioner under section	48776
5711.25 of the Revised Code. Such a company is not required to	48777
file a county supplemental return under section 5711.131 of the	48778
Revised Code.	48779

(B) This division applies to tax years before tax year 2007.

48780

In the case of an interexchange telecommunications company,	48781
all taxable property shall be subject to the provisions of this	48782
chapter and shall be valued by the commissioner in accordance with	48783
division (A) of section 5727.11 of the Revised Code. A person	48784
described by this division shall file the report required by	48785
section 5727.08 of the Revised Code. Persons described in this	48786
division shall not be considered taxpayers, as defined in division	48787
(B) of section 5711.01 of the Revised Code, and shall not be	48788
required to file a return and list their taxable property under	48789
any provision of Chapter 5711. of the Revised Code.	48790

(C) The lien of the state for taxes levied each year on the	48791
real and personal property of public utilities and interexchange	48792
telecommunications companies and on the personal property of	48793
public utility property lessors shall attach thereto on the	48794
thirty-first day of December of the preceding year.	48795

(D) Property that is required by division (A)(3)(b) of this	48796
section to be assessed by the tax commissioner under this chapter	48797
shall not be listed by the owner of the property under Chapter	48798
5711. of the Revised Code.	48799

(E) The ten-thousand-dollar exemption provided for in	48800
division (C)(3) of section 5709.01 of the Revised Code does not	48801
apply to any personal property that is valued under this chapter.	48802

(F) The tax commissioner may adopt rules governing the	48803
listing of the taxable property of public utilities and	48804
interexchange telecommunications companies and the determination	48805
of true value.	48806

Sec. 5727.45. ~~Four and two-tenths~~One hundred per cent of	48807
all excise taxes and penalties collected under sections 5727.01 to	48808
5727.62 of the Revised Code shall be credited to ~~the local~~	48809
~~government fund for distribution in accordance with section~~	48810
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	48811
~~credited to the local government revenue assistance fund for~~	48812
~~distribution in accordance with section 5747.61 of the Revised~~	48813
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	48814
the general revenue fund.	48815

Sec. 5727.81. (A) For the purpose of raising revenue for	48816
public education and state and local government operations, an	48817
excise tax is hereby levied and imposed on an electric	48818
distribution company for all electricity distributed by such	48819
company ~~beginning with the measurement period that includes May 1,~~	48820
~~2001,~~ at the following rates per kilowatt hour of electricity	48821
distributed in a thirty-day period by the company through a meter	48822
of an end user in this state:	48823

KILOWATT HOURS DISTRIBUTED	RATE PER	48824
TO AN END USER	KILOWATT HOUR	48825
For the first 2,000	$.00465	48826
For the next 2,001 to 15,000	$.00419	48827
For 15,001 and above	$.00363	48828

If no meter is used to measure the kilowatt hours of	48829
electricity distributed by the company, the rates shall apply to	48830
the estimated kilowatt hours of electricity distributed to an	48831
unmetered location in this state.	48832

The electric distribution company shall base the monthly tax	48833
on the kilowatt hours of electricity distributed to an end user	48834
through the meter of the end user that is not measured for a	48835
thirty-day period by dividing the days in the measurement period	48836
into the total kilowatt hours measured during the measurement	48837
period to obtain a daily average usage. The tax shall be	48838
determined by obtaining the sum of divisions (A)(1), (2), and (3)	48839
of this section and multiplying that amount by the number of days	48840
in the measurement period:	48841

(1) Multiplying $0.00465 per kilowatt hour for the first	48842
sixty-seven kilowatt hours distributed using a daily average;	48843

(2) Multiplying $0.00419 for the next sixty-eight to five	48844
hundred kilowatt hours distributed using a daily average;	48845

(3) Multiplying $0.00363 for the remaining kilowatt hours	48846
distributed using a daily average.	48847

~~Until January 1, 2003, except as provided in division (C) of~~	48848
~~this section, the electric distribution company shall pay the tax~~	48849
~~to the treasurer of state in accordance with section 5727.82 of~~	48850
~~the Revised Code. Beginning January 1, 2003, except~~Except as	48851
provided in division (C) of this section, the electric	48852
distribution company shall pay the tax to the tax commissioner in	48853
accordance with section 5727.82 of the Revised Code, unless	48854
required to remit each tax payment by electronic funds transfer to	48855
the treasurer of state in accordance with section 5727.83 of the	48856
Revised Code.	48857

Only the distribution of electricity through a meter of an	48858
end user in this state shall be used by the electric distribution	48859
company to compute the amount or estimated amount of tax due. In	48860
the event a meter is not actually read for a measurement period,	48861
the estimated kilowatt hours distributed by an electric	48862
distribution company to bill for its distribution charges shall be	48863
used.	48864

(B) Except as provided in division (C) of this section, each	48865
electric distribution company shall pay the tax imposed by this	48866
section in all of the following circumstances:	48867

(1) The electricity is distributed by the company through a	48868
meter of an end user in this state;	48869

(2) The company is distributing electricity through a meter	48870
located in another state, but the electricity is consumed in this	48871
state in the manner prescribed by the tax commissioner;	48872

(3) The company is distributing electricity in this state	48873
without the use of a meter, but the electricity is consumed in	48874
this state as estimated and in the manner prescribed by the tax	48875
commissioner.	48876

(C)(1) As used in division (C) of this section:

48877

(a) "Total price of electricity" means the aggregate value in	48878
money of anything paid or transferred, or promised to be paid or	48879
transferred, to obtain electricity or electric service, including	48880
but not limited to the value paid or promised to be paid for the	48881
transmission or distribution of electricity and for transition	48882
costs as described in Chapter 4928. of the Revised Code.	48883

(b) "Package" means the provision or the acquisition, at a	48884
combined price, of electricity with other services or products, or	48885
any combination thereof, such as natural gas or other fuels;	48886
energy management products, software, and services; machinery and	48887
equipment acquisition; and financing agreements.	48888

(c) "Single location" means a facility located on contiguous	48889
property separated only by a roadway, railway, or waterway.	48890

(2) Division (C) of this section applies to any commercial or	48891
industrial purchaser's receipt of electricity through a meter of	48892
an end user in this state or through more than one meter at a	48893
single location in this state in a quantity that exceeds	48894
forty-five million kilowatt hours of electricity over the course	48895
of the preceding calendar year, or any commercial or industrial	48896
purchaser that will consume more than forty-five million kilowatt	48897
hours of electricity over the course of the succeeding twelve	48898
months as estimated by the tax commissioner. The tax commissioner	48899
shall make such an estimate upon the written request by an	48900
applicant for registration as a self-assessing purchaser under	48901
this division. Such a purchaser may elect to self-assess the	48902
excise tax imposed by this section at the rate of $.00075 per	48903
kilowatt hour on the first five hundred four million kilowatt	48904
hours distributed to that meter or location during the	48905
registration year, and ~~four per cent~~a percentage of the total	48906
price of all electricity distributed to that meter or location	48907
equal to four per cent through June 30, 2008, and three and	48908
one-half per cent for July 1, 2008, and thereafter. A qualified	48909
end user that receives electricity through a meter of an end user	48910
in this state or through more than one meter at a single location	48911
in this state and that consumes, over the course of the previous	48912
calendar year, more than forty-five million kilowatt hours in	48913
other than its qualifying manufacturing process, may elect to	48914
self-assess the tax as allowed by this division with respect to	48915
the electricity used in other than its qualifying manufacturing	48916
process. ~~Until January 1, 2003, payment of the tax shall be made~~	48917
~~directly to the treasurer of state in accordance with divisions~~	48918
~~(A)(4) and (5) of section 5727.82 of the Revised Code. Beginning~~	48919
~~January 1, 2003, payment~~	48920

Payment of the tax shall be made directly to the tax	48921
commissioner in accordance with divisions (A)(4) and (5) of	48922
section 5727.82 of the Revised Code, or the treasurer of state in	48923
accordance with section 5727.83 of the Revised Code. If the	48924
electric distribution company serving the self-assessing purchaser	48925
is a municipal electric utility and the purchaser is within the	48926
municipal corporation's corporate limits, payment shall be made to	48927
such municipal corporation's general fund and reports shall be	48928
filed in accordance with divisions (A)(4) and (5) of section	48929
5727.82 of the Revised Code, except that "municipal corporation"	48930
shall be substituted for "treasurer of state" and "tax	48931
commissioner." A self-assessing purchaser that pays the excise tax	48932
as provided in this division shall not be required to pay the tax	48933
to the electric distribution company from which its electricity is	48934
distributed. If a self-assessing purchaser's receipt of	48935
electricity is not subject to the tax as measured under this	48936
division, the tax on the receipt of such electricity shall be	48937
measured and paid as provided in division (A) of this section.	48938

(3) In the case of the acquisition of a package, unless the	48939
elements of the package are separately stated isolating the total	48940
price of electricity from the price of the remaining elements of	48941
the package, the tax imposed under this section applies to the	48942
entire price of the package. If the elements of the package are	48943
separately stated, the tax imposed under this section applies to	48944
the total price of the electricity.	48945

(4) Any electric supplier that sells electricity as part of a	48946
package shall separately state to the purchaser the total price of	48947
the electricity and, upon request by the tax commissioner, the	48948
total price of each of the other elements of the package.	48949

(5) The tax commissioner may adopt rules relating to the	48950
computation of the total price of electricity with respect to	48951
self-assessing purchasers, which may include rules to establish	48952
the total price of electricity purchased as part of a package.	48953

(6) An annual application for registration as a	48954
self-assessing purchaser shall be made for each qualifying meter	48955
or location on a form prescribed by the tax commissioner. The	48956
registration year begins on the first day of May and ends on the	48957
following thirtieth day of April. Persons may apply after the	48958
first day of May for the remainder of the registration year. In	48959
the case of an applicant applying on the basis of an estimated	48960
consumption of forty-five million kilowatt hours over the course	48961
of the succeeding twelve months, the applicant shall provide such	48962
information as the tax commissioner considers to be necessary to	48963
estimate such consumption. At the time of making the application	48964
and by the first day of May of each year, ~~excluding May 1, 2000,~~ a	48965
self-assessing purchaser shall pay a fee of five hundred dollars	48966
to the tax commissioner, or to the treasurer of state as provided	48967
in section 5727.83 of the Revised Code, for each qualifying meter	48968
or location. The tax commissioner shall immediately pay to the	48969
treasurer of state all amounts that the tax commissioner receives	48970
under this section. The treasurer of state shall deposit such	48971
amounts into the kilowatt hour excise tax administration fund,	48972
which is hereby created in the state treasury. Money in the fund	48973
shall be used to defray the tax commissioner's cost in	48974
administering the tax owed under section 5727.81 of the Revised	48975
Code by self-assessing purchasers. After the application is	48976
approved by the tax commissioner, the registration shall remain in	48977
effect for the current registration year, or until canceled by the	48978
registrant upon written notification to the commissioner of the	48979
election to pay the tax in accordance with division (A) of this	48980
section, or until canceled by the tax commissioner for not paying	48981
the tax or fee under division (C) of this section or for not	48982
meeting the qualifications in division (C)(2) of this section. The	48983
tax commissioner shall give written notice to the electric	48984
distribution company from which electricity is delivered to a	48985
self-assessing purchaser of the purchaser's self-assessing status,	48986
and the electric distribution company is relieved of the	48987
obligation to pay the tax imposed by division (A) of this section	48988
for electricity distributed to that self-assessing purchaser until	48989
it is notified by the tax commissioner that the self-assessing	48990
purchaser's registration is canceled. Within fifteen days of	48991
notification of the canceled registration, the electric	48992
distribution company shall be responsible for payment of the tax	48993
imposed by division (A) of this section on electricity distributed	48994
to a purchaser that is no longer registered as a self-assessing	48995
purchaser. A self-assessing purchaser with a canceled registration	48996
must file a report and remit the tax imposed by division (A) of	48997
this section on all electricity it receives for any measurement	48998
period prior to the tax being reported and paid by the electric	48999
distribution company. A self-assessing purchaser whose	49000
registration is canceled by the tax commissioner is not eligible	49001
to register as a self-assessing purchaser for two years after the	49002
registration is canceled.	49003

(7) If the tax commissioner cancels the self-assessing	49004
registration of a purchaser registered on the basis of its	49005
estimated consumption because the purchaser does not consume at	49006
least forty-five million kilowatt hours of electricity over the	49007
course of the twelve-month period for which the estimate was made,	49008
the tax commissioner shall assess and collect from the purchaser	49009
the difference between (a) the amount of tax that would have been	49010
payable under division (A) of this section on the electricity	49011
distributed to the purchaser during that period and (b) the amount	49012
of tax paid by the purchaser on such electricity pursuant to	49013
division (C)(2)(a) of this section. The assessment shall be paid	49014
within sixty days after the tax commissioner issues it, regardless	49015
of whether the purchaser files a petition for reassessment under	49016
section 5727.89 of the Revised Code covering that period. If the	49017
purchaser does not pay the assessment within the time prescribed,	49018
the amount assessed is subject to the additional charge and the	49019
interest prescribed by divisions (B) and (C) of section 5727.82 of	49020
the Revised Code, and is subject to assessment under section	49021
5727.89 of the Revised Code. If the purchaser is a qualified end	49022
user, division (C)(7) of this section applies only to electricity	49023
it consumes in other than its qualifying manufacturing process.	49024

(D) The tax imposed by this section does not apply to the	49025
distribution of any kilowatt hours of electricity to the federal	49026
government, to an end user located at a federal facility that uses	49027
electricity for the enrichment of uranium, to a qualified	49028
regeneration meter, or to an end user for any day the end user is	49029
a qualified end user. The exemption under this division for a	49030
qualified end user only applies to the manufacturing location	49031
where the qualified end user uses more than three million kilowatt	49032
hours per day in a qualifying manufacturing process.	49033

Sec. 5727.84. (A) As used in this section and sections	49034
5727.85, 5727.86, and 5727.87 of the Revised Code:	49035

(1) "School district" means a city, local, or exempted	49036
village school district.	49037

(2) "Joint vocational school district" means a joint	49038
vocational school district created under section 3311.16 of the	49039
Revised Code, and includes a cooperative education school district	49040
created under section 3311.52 or 3311.521 of the Revised Code and	49041
a county school financing district created under section 3311.50	49042
of the Revised Code.	49043

(3) "Local taxing unit" means a subdivision or taxing unit,	49044
as defined in section 5705.01 of the Revised Code, a park district	49045
created under Chapter 1545. of the Revised Code, or a township	49046
park district established under section 511.23 of the Revised	49047
Code, but excludes school districts and joint vocational school	49048
districts.	49049

(4) "State education aid," for a school district, means the	49050
sum of state aid amounts computed for the district under divisions	49051
(A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022;	49052
divisions (B), (C), and (D) of section 3317.023; divisions (G),	49053
(L), and (N) of section 3317.024; and sections 3317.029,	49054
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	49055
the Revised Code; and the adjustments required by: division (C) of	49056
section 3310.08; division (C) of section 3314.08; division (D) of	49057
section 3314.13; divisions (E), (K), (L), (M), (N), and (O) of	49058
section 3317.023; division (C) of section 3317.20; and sections	49059
3313.979 and 3313.981 of the Revised Code. However, when	49060
calculating state education aid for a school district for fiscal	49061
years ~~2006~~2008 and ~~2007~~2009, include the amount computed for the	49062
district under Section ~~206.09.21~~269.20.80 of ~~Am. Sub.~~ H.B. 66119	49063
of the ~~126th~~127th general assembly, as subsequently amended,	49064
instead of division (D) of section 3317.022 of the Revised Code;	49065
include amounts calculated under Section ~~206.09.39~~269.30.80 of	49066
~~that~~this act, as subsequently amended; and account for	49067
adjustments under division (C)(2) of section 3310.41 of the	49068
Revised Code.	49069

(5) "State education aid," for a joint vocational school	49070
district, means the sum of the state aid amounts computed for the	49071
district under division (N) of section 3317.024 and section	49072
3317.16 of the Revised Code. However, when calculating state	49073
education aid for a joint vocational school district for fiscal	49074
years ~~2006~~2008 and ~~2007~~2009, include the amount computed for the	49075
district under Section ~~206.09.42~~269.30.90 of ~~Am. Sub.~~ H.B. 66119	49076
of the ~~126th~~127th general assembly, as subsequently amended.	49077

(6) "State education aid offset" means the amount determined	49078
for each school district or joint vocational school district under	49079
division (A)(1) of section 5727.85 of the Revised Code.	49080

(7) "Recognized valuation" has the same meaning as in section	49081
3317.02 of the Revised Code.	49082

(8) "Electric company tax value loss" means the amount	49083
determined under division (D) of this section.	49084

(9) "Natural gas company tax value loss" means the amount	49085
determined under division (E) of this section.	49086

(10) "Tax value loss" means the sum of the electric company	49087
tax value loss and the natural gas company tax value loss.	49088

(11) "Fixed-rate levy" means any tax levied on property other	49089
than a fixed-sum levy.	49090

(12) "Fixed-rate levy loss" means the amount determined under	49091
division (G) of this section.	49092

(13) "Fixed-sum levy" means a tax levied on property at	49093
whatever rate is required to produce a specified amount of tax	49094
money or levied in excess of the ten-mill limitation to pay debt	49095
charges, and includes school district emergency levies imposed	49096
pursuant to section 5705.194 of the Revised Code.	49097

(14) "Fixed-sum levy loss" means the amount determined under	49098
division (H) of this section.	49099

(15) "Consumer price index" means the consumer price index	49100
(all items, all urban consumers) prepared by the bureau of labor	49101
statistics of the United States department of labor.	49102

(B) The kilowatt-hour tax receipts fund is hereby created in	49103
the state treasury and shall consist of money arising from the tax	49104
imposed by section 5727.81 of the Revised Code. All money in the	49105
kilowatt-hour tax receipts fund shall be credited as follows:	49106

(1) ~~Fifty-nine and nine hundred seventy-six one-thousandths~~	49107
Sixty-three per cent, shall be credited to the general revenue	49108
fund.	49109

(2) ~~Two and six hundred forty-six one-thousandths per cent~~	49110
~~shall be credited to the local government fund, for distribution~~	49111
~~in accordance with section 5747.50 of the Revised Code.~~	49112

~~(3) Three hundred seventy-eight one-thousandths per cent~~	49113
~~shall be credited to the local government revenue assistance fund,~~	49114
~~for distribution in accordance with section 5747.61 of the Revised~~	49115
~~Code.~~	49116

~~(4)~~ Twenty-five and four-tenths per cent shall be credited to	49117
the school district property tax replacement fund, which is hereby	49118
created in the state treasury for the purpose of making the	49119
payments described in section 5727.85 of the Revised Code.	49120

~~(5)~~(3) Eleven and six-tenths per cent shall be credited to	49121
the local government property tax replacement fund, which is	49122
hereby created in the state treasury for the purpose of making the	49123
payments described in section 5727.86 of the Revised Code.	49124

(C) The natural gas tax receipts fund is hereby created in	49125
the state treasury and shall consist of money arising from the tax	49126
imposed by section 5727.811 of the Revised Code. All money in the	49127
fund shall be credited as follows:	49128

(1) Sixty-eight and seven-tenths per cent shall be credited	49129
to the school district property tax replacement fund for the	49130
purpose of making the payments described in section 5727.85 of the	49131
Revised Code.	49132

(2) Thirty-one and three-tenths per cent shall be credited to	49133
the local government property tax replacement fund for the purpose	49134
of making the payments described in section 5727.86 of the Revised	49135
Code.	49136

(D) Not later than January 1, 2002, the tax commissioner	49137
shall determine for each taxing district its electric company tax	49138
value loss, which is the sum of the applicable amounts described	49139
in divisions (D)(1) to ~~(3)~~(4) of this section:	49140

(1) The difference obtained by subtracting the amount	49141
described in division (D)(1)(b) from the amount described in	49142
division (D)(1)(a) of this section.	49143

(a) The value of electric company and rural electric company	49144
tangible personal property as assessed by the tax commissioner for	49145
tax year 1998 on a preliminary assessment, or an amended	49146
preliminary assessment if issued prior to March 1, 1999, and as	49147
apportioned to the taxing district for tax year 1998;	49148

(b) The value of electric company and rural electric company	49149
tangible personal property as assessed by the tax commissioner for	49150
tax year 1998 had the property been apportioned to the taxing	49151
district for tax year 2001, and assessed at the rates in effect	49152
for tax year 2001.	49153

(2) The difference obtained by subtracting the amount	49154
described in division (D)(2)(b) from the amount described in	49155
division (D)(2)(a) of this section.	49156

(a) The three-year average for tax years 1996, 1997, and 1998	49157
of the assessed value from nuclear fuel materials and assemblies	49158
assessed against a person under Chapter 5711. of the Revised Code	49159
from the leasing of them to an electric company for those	49160
respective tax years, as reflected in the preliminary assessments;	49161

(b) The three-year average assessed value from nuclear fuel	49162
materials and assemblies assessed under division (D)(2)(a) of this	49163
section for tax years 1996, 1997, and 1998, as reflected in the	49164
preliminary assessments, using an assessment rate of twenty-five	49165
per cent.	49166

(3) In the case of a taxing district having a nuclear power	49167
plant within its territory, any amount, resulting in an electric	49168
company tax value loss, obtained by subtracting the amount	49169
described in division (D)(1) of this section from the difference	49170
obtained by subtracting the amount described in division (D)(3)(b)	49171
of this section from the amount described in division (D)(3)(a) of	49172
this section.	49173

(a) The value of electric company tangible personal property	49174
as assessed by the tax commissioner for tax year 2000 on a	49175
preliminary assessment, or an amended preliminary assessment if	49176
issued prior to March 1, 2001, and as apportioned to the taxing	49177
district for tax year 2000;	49178

(b) The value of electric company tangible personal property	49179
as assessed by the tax commissioner for tax year 2001 on a	49180
preliminary assessment, or an amended preliminary assessment if	49181
issued prior to March 1, 2002, and as apportioned to the taxing	49182
district for tax year 2001.	49183

(4) In the case of a taxing district having a nuclear power	49184
plant within its territory, the difference obtained by subtracting	49185
the amount described in division (D)(4)(b) of this section from	49186
the amount described in division (D)(4)(a) of this section,	49187
provided that such difference is greater than ten per cent of the	49188
amount described in division (D)(4)(a) of this section.	49189

(a) The value of electric company tangible personal property	49190
as assessed by the tax commissioner for tax year 2005 on a	49191
preliminary assessment, or an amended preliminary assessment if	49192
issued prior to March 1, 2006, and as apportioned to the taxing	49193
district for tax year 2005;	49194

(b) The value of electric company tangible personal property	49195
as assessed by the tax commissioner for tax year 2006 on a	49196
preliminary assessment, or an amended preliminary assessment if	49197
issued prior to March 1, 2007, and as apportioned to the taxing	49198
district for tax year 2006.	49199

(E) Not later than January 1, 2002, the tax commissioner	49200
shall determine for each taxing district its natural gas company	49201
tax value loss, which is the sum of the amounts described in	49202
divisions (E)(1) and (2) of this section:	49203

(1) The difference obtained by subtracting the amount	49204
described in division (E)(1)(b) from the amount described in	49205
division (E)(1)(a) of this section.	49206

(a) The value of all natural gas company tangible personal	49207
property, other than property described in division (E)(2) of this	49208
section, as assessed by the tax commissioner for tax year 1999 on	49209
a preliminary assessment, or an amended preliminary assessment if	49210
issued prior to March 1, 2000, and apportioned to the taxing	49211
district for tax year 1999;	49212

(b) The value of all natural gas company tangible personal	49213
property, other than property described in division (E)(2) of this	49214
section, as assessed by the tax commissioner for tax year 1999 had	49215
the property been apportioned to the taxing district for tax year	49216
2001, and assessed at the rates in effect for tax year 2001.	49217

(2) The difference in the value of current gas obtained by	49218
subtracting the amount described in division (E)(2)(b) from the	49219
amount described in division (E)(2)(a) of this section.	49220

(a) The three-year average assessed value of current gas as	49221
assessed by the tax commissioner for tax years 1997, 1998, and	49222
1999 on a preliminary assessment, or an amended preliminary	49223
assessment if issued prior to March 1, 2001, and as apportioned in	49224
the taxing district for those respective years;	49225

(b) The three-year average assessed value from current gas	49226
under division (E)(2)(a) of this section for tax years 1997, 1998,	49227
and 1999, as reflected in the preliminary assessment, using an	49228
assessment rate of twenty-five per cent.	49229

(F) The tax commissioner may request that natural gas	49230
companies, electric companies, and rural electric companies file a	49231
report to help determine the tax value loss under divisions (D)	49232
and (E) of this section. The report shall be filed within thirty	49233
days of the commissioner's request. A company that fails to file	49234
the report or does not timely file the report is subject to the	49235
penalty in section 5727.60 of the Revised Code.	49236

(G) Not later than January 1, 2002, the tax commissioner	49237
shall determine for each school district, joint vocational school	49238
district, and local taxing unit its fixed-rate levy loss, which is	49239
the sum of its electric company tax value loss multiplied by the	49240
tax rate in effect in tax year 1998 for fixed-rate levies and its	49241
natural gas company tax value loss multiplied by the tax rate in	49242
effect in tax year 1999 for fixed-rate levies.	49243

(H) Not later than January 1, 2002, the tax commissioner	49244
shall determine for each school district, joint vocational school	49245
district, and local taxing unit its fixed-sum levy loss, which is	49246
the amount obtained by subtracting the amount described in	49247
division (H)(2) of this section from the amount described in	49248
division (H)(1) of this section:	49249

(1) The sum of the electric company tax value loss multiplied	49250
by the tax rate in effect in tax year 1998, and the natural gas	49251
company tax value loss multiplied by the tax rate in effect in tax	49252
year 1999, for fixed-sum levies for all taxing districts within	49253
each school district, joint vocational school district, and local	49254
taxing unit. For the years 2002 through 2006, this computation	49255
shall include school district emergency levies that existed in	49256
1998 in the case of the electric company tax value loss, and 1999	49257
in the case of the natural gas company tax value loss, and all	49258
other fixed-sum levies that existed in 1998 in the case of the	49259
electric company tax value loss and 1999 in the case of the	49260
natural gas company tax value loss and continue to be charged in	49261
the tax year preceding the distribution year. For the years 2007	49262
through 2016 in the case of school district emergency levies, and	49263
for all years after 2006 in the case of all other fixed-sum	49264
levies, this computation shall exclude all fixed-sum levies that	49265
existed in 1998 in the case of the electric company tax value loss	49266
and 1999 in the case of the natural gas company tax value loss,	49267
but are no longer in effect in the tax year preceding the	49268
distribution year. For the purposes of this section, an emergency	49269
levy that existed in 1998 in the case of the electric company tax	49270
value loss, and 1999 in the case of the natural gas company tax	49271
value loss, continues to exist in a year beginning on or after	49272
January 1, 2007, but before January 1, 2017, if, in that year, the	49273
board of education levies a school district emergency levy for an	49274
annual sum at least equal to the annual sum levied by the board in	49275
tax year 1998 or 1999, respectively, less the amount of the	49276
payment certified under this division for 2002.	49277

(2) The total taxable value in tax year 1999 less the tax	49278
value loss in each school district, joint vocational school	49279
district, and local taxing unit multiplied by one-fourth of one	49280
mill.	49281

If the amount computed under division (H) of this section for	49282
any school district, joint vocational school district, or local	49283
taxing unit is greater than zero, that amount shall equal the	49284
fixed-sum levy loss reimbursed pursuant to division (E) of section	49285
5727.85 of the Revised Code or division (A)(2) of section 5727.86	49286
of the Revised Code, and the one-fourth of one mill that is	49287
subtracted under division (H)(2) of this section shall be	49288
apportioned among all contributing fixed-sum levies in the	49289
proportion of each levy to the sum of all fixed-sum levies within	49290
each school district, joint vocational school district, or local	49291
taxing unit.	49292

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	49293
section, in computing the tax value loss, fixed-rate levy loss,	49294
and fixed-sum levy loss, the tax commissioner shall use the	49295
greater of the 1998 tax rate or the 1999 tax rate in the case of	49296
levy losses associated with the electric company tax value loss,	49297
but the 1999 tax rate shall not include for this purpose any tax	49298
levy approved by the voters after June 30, 1999, and the tax	49299
commissioner shall use the greater of the 1999 or the 2000 tax	49300
rate in the case of levy losses associated with the natural gas	49301
company tax value loss.	49302

(J) Not later than January 1, 2002, the tax commissioner	49303
shall certify to the department of education the tax value loss	49304
determined under divisions (D) and (E) of this section for each	49305
taxing district, the fixed-rate levy loss calculated under	49306
division (G) of this section, and the fixed-sum levy loss	49307
calculated under division (H) of this section. The calculations	49308
under divisions (G) and (H) of this section shall separately	49309
display the levy loss for each levy eligible for reimbursement.	49310

(K) Not later than September 1, 2001, the tax commissioner	49311
shall certify the amount of the fixed-sum levy loss to the county	49312
auditor of each county in which a school district with a fixed-sum	49313
levy loss has territory.	49314

Sec. 5727.85. (A) By the thirty-first day of July of each	49315
year, beginning in 2002 and ending in 2016, the department of	49316
education shall determine the following for each school district	49317
and each joint vocational school district eligible for payment	49318
under division (C) or (D) of this section:	49319

(1) The state education aid offset, which is the difference	49320
obtained by subtracting the amount described in division (A)(1)(b)	49321
of this section from the amount described in division (A)(1)(a) of	49322
this section:	49323

(a) The state education aid computed for the school district	49324
or joint vocational school district for the current fiscal year as	49325
of the thirty-first day of July;	49326

(b) The state education aid that would be computed for the	49327
school district or joint vocational school district for the	49328
current fiscal year as of the thirty-first day of July if the	49329
recognized valuation included the tax value loss for the school	49330
district or joint vocational school district.	49331

(2) The greater of zero or the difference obtained by	49332
subtracting the state education aid offset determined under	49333
division (A)(1) of this section from the fixed-rate levy loss	49334
certified under division (J) of section 5727.84 of the Revised	49335
Code for all taxing districts in each school district and joint	49336
vocational school district.	49337

By the fifth day of August of each such year, the department	49338
of education shall certify the amount so determined under division	49339
(A)(1) of this section to the director of budget and management.	49340

(B) Not later than the thirty-first day of October of the	49341
years 2006 through 2016, the department of education shall	49342
determine all of the following for each school district:	49343

(1) The amount obtained by subtracting the district's state	49344
education aid computed for fiscal year 2002 from the district's	49345
state education aid computed for the current fiscal year;	49346

(2) The inflation-adjusted property tax loss. The	49347
inflation-adjusted property tax loss equals the fixed-rate levy	49348
loss, excluding the tax loss from levies within the ten-mill	49349
limitation to pay debt charges, determined under division (G) of	49350
section 5727.84 of the Revised Code for all taxing districts in	49351
each school district, plus the product obtained by multiplying	49352
that loss by the cumulative percentage increase in the consumer	49353
price index from January 1, 2002, to the thirtieth day of June of	49354
the current year.	49355

(3) The difference obtained by subtracting the amount	49356
computed under division (B)(1) from the amount of the	49357
inflation-adjusted property tax loss. If this difference is zero	49358
or a negative number, no further payments shall be made under	49359
division (C) of this section to the school district from the	49360
school district property tax replacement fund.	49361

(C) The department of education shall pay from the school	49362
district property tax replacement fund to each school district all	49363
of the following:	49364

(1) In February 2002, one-half of the fixed-rate levy loss	49365
certified under division (J) of section 5727.84 of the Revised	49366
Code between the twenty-first and twenty-eighth days of February.	49367

(2) From August 2002 through August 2017, one-half of the	49368
amount calculated for that fiscal year under division (A)(2) of	49369
this section between the twenty-first and twenty-eighth days of	49370
August and of February, provided the difference computed under	49371
division (B)(3) of this section is not less than or equal to zero.	49372

For taxes levied within the ten-mill limitation for debt	49373
purposes in tax year 1998 in the case of electric company tax	49374
value losses, and in tax year 1999 in the case of natural gas	49375
company tax value losses, payments shall be made equal to one	49376
hundred per cent of the loss computed as if the tax were a	49377
fixed-rate levy, but those payments shall extend from fiscal year	49378
2006 through fiscal year 2016.	49379

The department of education shall report to each school	49380
district the apportionment of the payments among the school	49381
district's funds based on the certifications under division (J) of	49382
section 5727.84 of the Revised Code.	49383

(D) Not later than January 1, 2002, for all taxing districts	49384
in each joint vocational school district, the tax commissioner	49385
shall certify to the department of education the fixed-rate levy	49386
loss determined under division (G) of section 5727.84 of the	49387
Revised Code. From February 2002 to August 2016, the department	49388
shall pay from the school district property tax replacement fund	49389
to the joint vocational school district one-half of the amount	49390
calculated for that fiscal year under division (A)(2) of this	49391
section between the twenty-first and twenty-eighth days of August	49392
and of February.	49393

(E)(1) Not later than January 1, 2002, for each fixed-sum	49394
levy levied by each school district or joint vocational school	49395
district and for each year for which a determination is made under	49396
division (H) of section 5727.84 of the Revised Code that a	49397
fixed-sum levy loss is to be reimbursed, the tax commissioner	49398
shall certify to the department of education the fixed-sum levy	49399
loss determined under that division. The certification shall cover	49400
a time period sufficient to include all fixed-sum levies for which	49401
the tax commissioner made such a determination. The department	49402
shall pay from the school district property tax replacement fund	49403
to the school district or joint vocational school district	49404
one-half of the fixed-sum levy loss so certified for each year	49405
between the twenty-first and twenty-eighth days of August and of	49406
February.	49407

(2) Beginning in 2003, by the thirty-first day of January of	49408
each year, the tax commissioner shall review the certification	49409
originally made under division (E)(1) of this section. If the	49410
commissioner determines that a debt levy that had been scheduled	49411
to be reimbursed in the current year has expired, a revised	49412
certification for that and all subsequent years shall be made to	49413
the department of education.	49414

(F) If the balance of the half-mill equalization fund created	49415
under section 3318.18 of the Revised Code is insufficient to make	49416
the full amount of payments required under division (D) of that	49417
section, the department of education, at the end of the third	49418
quarter of the fiscal year, shall certify to the director of	49419
budget and management the amount of the deficiency, and the	49420
director shall transfer an amount equal to the deficiency from the	49421
school district property tax replacement fund to the half-mill	49422
equalization fund.	49423

(G) Beginning in August 2002, and ending in May 2017, the	49424
director of budget and management shall transfer from the school	49425
district property tax replacement fund to the general revenue fund	49426
each of the following:	49427

(1) Between the twenty-eighth day of August and the fifth day	49428
of September, the lesser of one-half of the amount certified for	49429
that fiscal year under division (A)(2) of this section or the	49430
balance in the school district property tax replacement fund;	49431

(2) Between the first and fifth days of May, the lesser of	49432
one-half of the amount certified for that fiscal year under	49433
division (A)(2) of this section or the balance in the school	49434
district property tax replacement fund.	49435

(H) On the first day of June each year, the director of	49436
budget and management shall transfer any balance remaining in the	49437
school district property tax replacement fund after the payments	49438
have been made under divisions (C), (D), (E), (F), and (G) of this	49439
section to the half-mill equalization fund created under section	49440
3318.18 of the Revised Code to the extent required to make any	49441
payments in the current fiscal year under that section, and shall	49442
transfer the remaining balance to the general revenue fund.	49443

(I) From fiscal year 2002 through fiscal year 2016, if the	49444
total amount in the school district property tax replacement fund	49445
is insufficient to make all payments under divisions (C), (D),	49446
(E), and (F) of this section at the time the payments are to be	49447
made, the director of budget and management shall transfer from	49448
the general revenue fund to the school district property tax	49449
replacement fund the difference between the total amount to be	49450
paid and the total amount in the school district property tax	49451
replacement fund, except that no transfer shall be made by reason	49452
of a deficiency to the extent that it results from the amendment	49453
of section 5727.84 of the Revised Code by Amended Substitute House	49454
Bill No. 95 of the 125th general assembly.	49455

(J) If all of the territory of a school district or joint	49456
vocational school district is merged with an existing district, or	49457
if a part of the territory of a school district or joint	49458
vocational school district is transferred to an existing or new	49459
district, the department of education, in consultation with the	49460
tax commissioner, shall adjust the payments made under this	49461
section as follows:	49462

(1) For the merger of all of the territory of two or more	49463
districts, the fixed-rate levy loss and the fixed-sum levy loss of	49464
the successor district shall be equal to the sum of the fixed-rate	49465
levy losses and the fixed-sum levy losses for each of the	49466
districts involved in the merger.	49467

(2) For the transfer of a part of one district's territory to	49468
an existing district, the amount of the fixed-rate levy loss that	49469
is transferred to the recipient district shall be an amount equal	49470
to the transferring district's total fixed-rate levy loss times a	49471
fraction, the numerator of which is the value of electric company	49472
tangible personal property located in the part of the territory	49473
that was transferred, and the denominator of which is the total	49474
value of electric company tangible personal property located in	49475
the entire district from which the territory was transferred. The	49476
value of electric company tangible personal property under this	49477
division shall be determined for the most recent year for which	49478
data is available. Fixed-sum levy losses for both districts shall	49479
be determined under division (J)(4) of this section.	49480

(3) For the transfer of a part of the territory of one or	49481
more districts to create a new district:	49482

(a) If the new district is created on or after January 1,	49483
2000, but before January 1, 2005, the new district shall be paid	49484
its current fixed-rate levy loss through August ~~2008~~2009. From	49485
February ~~2009~~2010 to August 2016, the new district shall be paid	49486
the lesser of: (i) the amount calculated under division (C)(2) of	49487
this section or (ii) an amount equal to the new district's	49488
fixed-rate levy loss multiplied by the percentage prescribed by	49489
the following schedule:	49490

YEAR	PERCENTAGE	49491
~~2009~~	~~75%~~	49492
2010	70%	49493
2011	70%	49494
2012	60%	49495
2013	50%	49496
2014	40%	49497
2015	24%	49498
2016	11.5%	49499
2017 and thereafter	0%	49500

Fixed-sum levy losses for the districts shall be determined	49501
under division (J)(4) of this section.	49502

(b) If the new district is created on or after January 1,	49503
2005, the new district shall be deemed not to have any fixed-rate	49504
levy loss or, except as provided in division (J)(4) of this	49505
section, fixed-sum levy loss. The district or districts from which	49506
the territory was transferred shall have no reduction in their	49507
fixed-rate levy loss, or, except as provided in division (J)(4) of	49508
this section, their fixed-sum levy loss.	49509

(4) If a recipient district under division (J)(2) of this	49510
section or a new district under division (J)(3)(a) or (b) of this	49511
section takes on debt from one or more of the districts from which	49512
territory was transferred, and any of the districts transferring	49513
the territory had fixed-sum levy losses, the department of	49514
education, in consultation with the tax commissioner, shall make	49515
an equitable division of the fixed-sum levy losses.	49516

(K) There is hereby created the public utility property tax	49517
study committee, effective January 1, 2011. The committee shall	49518
consist of the following seven members: the tax commissioner,	49519
three members of the senate appointed by the president of the	49520
senate, and three members of the house of representatives	49521
appointed by the speaker of the house of representatives. The	49522
appointments shall be made not later than January 31, 2011. The	49523
tax commissioner shall be the chairperson of the committee.	49524

The committee shall study the extent to which each school	49525
district or joint vocational school district has been compensated,	49526
under sections 5727.84 and 5727.85 of the Revised Code as enacted	49527
by Substitute Senate Bill No. 3 of the 123rd general assembly and	49528
any subsequent acts, for the property tax loss caused by the	49529
reduction in the assessment rates for natural gas, electric, and	49530
rural electric company tangible personal property. Not later than	49531
June 30, 2011, the committee shall issue a report of its findings,	49532
including any recommendations for providing additional	49533
compensation for the property tax loss or regarding remedial	49534
legislation, to the president of the senate and the speaker of the	49535
house of representatives, at which time the committee shall cease	49536
to exist.	49537

The department of taxation and department of education shall	49538
provide such information and assistance as is required for the	49539
committee to carry out its duties.	49540

Sec. 5727.87. (A) As used in this section:

49541

(1) "Administrative fees" means the dollar percentages	49542
allowed by the county auditor for services or by the county	49543
treasurer as fees, or paid to the credit of the real estate	49544
assessment fund, under divisions (A) and ~~(B)~~(C) of section 319.54	49545
and division (A) of section 321.26 of the Revised Code.	49546

(2) "Administrative fee loss" means a county's loss of	49547
administrative fees due to its tax value loss, determined as	49548
follows:	49549

(a) For purposes of the determination made under division (B)	49550
of this section in the years 2002 through 2006, the administrative	49551
fee loss shall be computed by multiplying the amounts determined	49552
for all taxing districts in the county under divisions (G) and (H)	49553
of section 5727.84 of the Revised Code by nine thousand six	49554
hundred fifty-nine ten-thousandths of one per cent if total taxes	49555
collected in the county in 1999 exceeded one hundred fifty million	49556
dollars, or one and one thousand one hundred fifty-nine	49557
ten-thousandths of one per cent if total taxes collected in the	49558
county in 1999 were one hundred fifty million dollars or less;	49559

(b) For purposes of the determination under division (B) of	49560
this section in the years 2007 through 2011, the administrative	49561
fee loss shall be the lesser of the amount computed under division	49562
(A)(2)(a) of this section or the amount determined by subtracting	49563
from the dollar amount of administrative fees collected in the	49564
county in 1999, the dollar amount of administrative fees collected	49565
in the county in the current calendar year.	49566

(3) "Total taxes collected" means all money collected on any	49567
tax duplicate of the county, other than the estate tax duplicates.	49568
"Total taxes collected" does not include amounts received pursuant	49569
to divisions (F) and (G) of section 321.24 or section 323.156 of	49570
the Revised Code.	49571

(B) Not later than the thirty-first day of December of 2001	49572
through 2005, the tax commissioner shall certify to each county	49573
auditor the tax levy losses calculated under divisions (G) and (H)	49574
of section 5727.84 of the Revised Code for each school district,	49575
joint vocational school district, and local taxing unit in the	49576
county. Not later than the thirty-first day of January of 2002	49577
through 2011, the county auditor shall determine the	49578
administrative fee loss for the county and apportion that loss	49579
ratably among the school districts, joint vocational school	49580
districts, and local taxing units on the basis of the tax levy	49581
losses certified under this division.	49582

(C) On or before each of the days prescribed for the	49583
settlements under divisions (A) and (C) of section 321.24 of the	49584
Revised Code in the years 2002 through 2011, the county treasurer	49585
shall deduct one-half of the amount apportioned to each school	49586
district, joint vocational school district, and local taxing unit	49587
from the portions of revenue payable to them.	49588

(D) On or before each of the days prescribed for settlements	49589
under divisions (A) and (C) of section 321.24 of the Revised Code	49590
in the years 2002 through 2011, the county auditor shall cause to	49591
be deposited an amount equal to one-half of the amount of the	49592
administrative fee loss in the same funds as if allowed as	49593
administrative fees.	49594

After payment of the administrative fee loss on or before	49595
August 10, 2011, all payments under this section shall cease.	49596

Sec. 5733.12. (A) ~~Four and two-tenths per cent of all~~All	49597
payments received from the taxes imposed under sections 5733.06	49598
and 5733.41 of the Revised Code shall be credited to ~~the local~~	49599
~~government fund for distribution in accordance with section~~	49600
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	49601
~~credited to the local government revenue assistance fund for~~	49602
~~distribution in accordance with section 5747.61 of the Revised~~	49603
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	49604
the general revenue fund.	49605

(B) Except as otherwise provided under divisions (C) and (D)	49606
of this section, an application to refund to the corporation the	49607
amount of taxes imposed under section 5733.06 of the Revised Code	49608
that are overpaid, paid illegally or erroneously, or paid on any	49609
illegal, erroneous, or excessive assessment, with interest thereon	49610
as provided by section 5733.26 of the Revised Code, shall be filed	49611
with the tax commissioner, on the form prescribed by the	49612
commissioner, within three years from the date of the illegal,	49613
erroneous, or excessive payment of the tax, or within any	49614
additional period allowed by division (C)(2) of section 5733.031,	49615
division (D)(2) of section 5733.067, or division (A) of section	49616
5733.11 of the Revised Code. For purposes of division (B) of this	49617
section, any payment that the applicant made before the due date	49618
or extended due date for filing the report to which the payment	49619
relates shall be deemed to have been made on the due date or	49620
extended due date.	49621

On the filing of the refund application, the commissioner	49622
shall determine the amount of refund to which the applicant is	49623
entitled. If the amount is not less than that claimed the	49624
commissioner shall certify the amount to the director of budget	49625
and management and treasurer of state for payment from the tax	49626
refund fund created by section 5703.052 of the Revised Code. If	49627
the amount is less than that claimed, the commissioner shall	49628
proceed in accordance with section 5703.70 of the Revised Code.	49629

(C) "Ninety days" shall be substituted for "three years" in	49630
division (B) of this section if the taxpayer satisfies both of the	49631
following:	49632

(1) The taxpayer has applied for a refund based in whole or	49633
in part upon section 5733.0611 of the Revised Code;	49634

(2) The taxpayer asserts that the imposition or collection of	49635
the tax imposed or charged by section 5733.06 of the Revised Code	49636
or any portion of such tax violates the Constitution of the United	49637
States or the Constitution of this state.	49638

(D)(1) Division (D)(2) of this section applies only if all of	49639
the following conditions are satisfied:	49640

(a) A qualifying pass-through entity pays an amount of the	49641
tax imposed by section 5733.41 of the Revised Code;	49642

(b) The taxpayer is a qualifying investor as to that	49643
qualifying pass-through entity;	49644

(c) The taxpayer did not claim the credit provided for in	49645
section 5733.0611 of the Revised Code as to the tax described in	49646
division (D)(1)(a) of this section;	49647

(d) The three-year period described in division (B) of this	49648
section has ended as to the taxable year for which the taxpayer	49649
otherwise would have claimed that credit.	49650

(2) A taxpayer shall file an application for refund pursuant	49651
to this division within one year after the date the payment	49652
described in division (D)(1)(a) of this section is made. An	49653
application filed under this division shall only claim refund of	49654
overpayments resulting from the taxpayer's failure to claim the	49655
credit described in division (D)(1)(c) of this section. Nothing in	49656
this division shall be construed to relieve a taxpayer from	49657
complying with the provisions of division (I)(14) of section	49658
5733.04 of the Revised Code.	49659

Sec. 5733.39. (A) As used in this section:

49660

(1) "Compliance facility" means property that is designed,	49661
constructed, or installed, and used, at a coal-fired electric	49662
generating facility for the primary purpose of complying with acid	49663
rain control requirements under Title IV of the "Clean Air Act	49664
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, and that	49665
controls or limits emissions of sulfur or nitrogen compounds	49666
resulting from the combustion of coal through the removal or	49667
reduction of those compounds before, during, or after the	49668
combustion of the coal, but before the combustion products are	49669
emitted into the atmosphere. "Compliance facility" also includes	49670
any of the following:	49671

(a) A facility that removes sulfur compounds from coal before	49672
the combustion of the coal and that is located off the premises of	49673
the electric generating facility where the coal processed by the	49674
compliance facility is burned;	49675

(b) Modifications to the electric generating facility where	49676
the compliance facility is constructed or installed that are	49677
necessary to accommodate the construction or installation, and	49678
operation, of the compliance facility;	49679

(c) A byproduct disposal facility, as defined in section	49680
3734.051 of the Revised Code, that exclusively disposes of wastes	49681
produced by the compliance facility and other coal combustion	49682
byproducts produced by the generating unit in or to which the	49683
compliance facility is incorporated or connected regardless of	49684
whether the byproduct disposal facility is located on the same	49685
premises as the compliance facility or generating unit that	49686
produces the wastes disposed of at the facility;	49687

(d) Facilities or equipment that is acquired, constructed, or	49688
installed, and used, at a coal-fired electric generating facility	49689
exclusively for the purpose of handling the byproducts produced by	49690
the compliance facility or other coal combustion byproducts	49691
produced by the generating unit in or to which the compliance	49692
facility is incorporated or connected;	49693

(e) A flue gas desulfurization system that is connected to a	49694
coal-fired electric generating unit;	49695

(f) Facilities or equipment acquired, constructed, or	49696
installed, and used, at a coal-fired electric generating unit	49697
primarily for the purpose of handling the byproducts produced by a	49698
compliance facility or other coal combustion byproducts produced	49699
by the generating unit in or to which the compliance facility is	49700
incorporated or connected.	49701

(2) "Ohio coal" means coal mined from coal deposits in the	49702
ground that are located within this state, regardless of the	49703
location of the mine's tipple.	49704

(3) "Sale and leaseback transaction" has the same meaning as	49705
in section 5727.01 of the Revised Code.	49706

(B) An electric company shall be allowed a nonrefundable	49707
credit against the tax imposed by section 5733.06 of the Revised	49708
Code for Ohio coal used in any of its coal-fired electric	49709
generating units after April 30, 2001, but before January 1, ~~2008~~	49710
2010. Section 5733.057 of the Revised Code shall apply when	49711
calculating the credit allowed by this section. The credit shall	49712
be claimed at the following rates per ton of Ohio coal burned in a	49713
coal-fired electric generating unit during the taxable year ending	49714
immediately preceding the tax year: for tax years before tax year	49715
2006, three dollars per ton; and for tax years 2006, 2007, ~~and~~	49716
2008, and 2009, one dollar per ton. The credit is allowed only if	49717
both of the following conditions are met during such taxable year:	49718

(1) The coal-fired electric generating unit is owned and used	49719
by the company claiming the credit or leased and used by that	49720
company under a sale and leaseback transaction.	49721

(2) A compliance facility is attached to, incorporated in, or	49722
used in conjunction with the coal-fired generating unit.	49723

(C) The credit shall be claimed in the order required under	49724
section 5733.98 of the Revised Code. The taxpayer may carry	49725
forward any credit amount in excess of its tax due after allowing	49726
for any other credits that precede the credit allowed under this	49727
section in the order required under section 5733.98 of the Revised	49728
Code. The excess credit may be carried forward for three years	49729
following the tax year for which it is claimed under this section.	49730

(D) The director of environmental protection, upon the	49731
request of the tax commissioner, shall certify whether a facility	49732
is a compliance facility. In the case of a compliance facility	49733
owned by an electric company, the public utilities commission	49734
shall certify to the tax commissioner the cost of the facility as	49735
of the date it was placed in service. In the case of a compliance	49736
facility owned by a person other than an electric company, the tax	49737
commissioner shall determine the cost of the facility as of the	49738
date it was placed in service. If the owner of such a facility	49739
fails to furnish the information necessary to make that	49740
determination, no credit shall be allowed.	49741

Sec. 5733.48. (A) As used in this section, "alternative	49742
fuel," "retail dealer," and "retail service station" have the same	49743
meanings as in section 5747.77 of the Revised Code.	49744

(B) There is hereby allowed a nonrefundable credit against	49745
the tax imposed by section 5733.06 of the Revised Code for a	49746
retail dealer that sells alternative fuel. The credit may be	49747
claimed for tax years 2008 and 2009. The credit for tax year 2008	49748
shall equal fifteen cents per gallon of alternative fuel sold and	49749
dispensed through a metered pump at the retail dealer's retail	49750
service station during any part of calendar year 2007 that is	49751
included in the dealer's taxable year ending in 2007. The credit	49752
for tax year 2009 shall equal fifteen cents per gallon of	49753
alternative fuel sold and dispensed through a metered pump at the	49754
retail dealer's retail service station during any part of calendar	49755
year 2007 that is included in the dealer's taxable year ending in	49756
2008, plus thirteen cents per gallon of alternative fuel sold and	49757
dispensed in that manner during any part of calendar year 2008	49758
that is included in that taxable year. The credit shall be	49759
calculated separately for each retail service station owned or	49760
operated by the retail dealer.	49761

(C) The retail dealer shall claim the credit under this	49762
section in the order prescribed in section 5733.98 of the Revised	49763
Code. The credit shall not exceed the amount of tax otherwise due	49764
under section 5733.06 of the Revised Code after deducting any	49765
other credits that precede the credit claimed under this section	49766
in that order.	49767

Sec. 5733.98. (A) To provide a uniform procedure for	49768
calculating the amount of tax imposed by section 5733.06 of the	49769
Revised Code that is due under this chapter, a taxpayer shall	49770
claim any credits to which it is entitled in the following order,	49771
except as otherwise provided in section 5733.058 of the Revised	49772
Code:	49773

(1) For tax year 2005, the credit for taxes paid by a	49774
qualifying pass-through entity allowed under section 5733.0611 of	49775
the Revised Code;	49776

(2) The credit allowed for financial institutions under	49777
section 5733.45 of the Revised Code;	49778

(3) The credit for qualifying affiliated groups under section	49779
5733.068 of the Revised Code;	49780

(4) The subsidiary corporation credit under section 5733.067	49781
of the Revised Code;	49782

(5) The savings and loan assessment credit under section	49783
5733.063 of the Revised Code;	49784

(6) The credit for recycling and litter prevention donations	49785
under section 5733.064 of the Revised Code;	49786

(7) The credit for employers that enter into agreements with	49787
child day-care centers under section 5733.36 of the Revised Code;	49788

(8) The credit for employers that reimburse employee child	49789
care expenses under section 5733.38 of the Revised Code;	49790

(9) The credit for maintaining railroad active grade crossing	49791
warning devices under section 5733.43 of the Revised Code;	49792

(10) The credit for purchases of lights and reflectors under	49793
section 5733.44 of the Revised Code;	49794

(11) The job retention credit under division (B) of section	49795
5733.0610 of the Revised Code;	49796

(12) The credit for ~~purchases of new manufacturing machinery~~	49797
~~and equipment under section 5733.31 or section 5733.311~~tax years	49798
2008 and 2009 for selling alternative fuel under section 5733.48	49799
of the Revised Code;	49800

(13) The second credit for purchases of new manufacturing	49801
machinery and equipment under section 5733.33 of the Revised Code;	49802

(14) The job training credit under section 5733.42 of the	49803
Revised Code;	49804

(15) The credit for qualified research expenses under section	49805
5733.351 of the Revised Code;	49806

(16) The enterprise zone credit under section 5709.66 of the	49807
Revised Code;	49808

(17) The credit for the eligible costs associated with a	49809
voluntary action under section 5733.34 of the Revised Code;	49810

(18) The credit for employers that establish on-site child	49811
day-care centers under section 5733.37 of the Revised Code;	49812

(19) The ethanol plant investment credit under section	49813
5733.46 of the Revised Code;	49814

(20) The credit for purchases of qualifying grape production	49815
property under section 5733.32 of the Revised Code;	49816

(21) The export sales credit under section 5733.069 of the	49817
Revised Code;	49818

(22) The credit for research and development and technology	49819
transfer investors under section 5733.35 of the Revised Code;	49820

(23) The enterprise zone credits under section 5709.65 of the	49821
Revised Code;	49822

(24) The credit for using Ohio coal under section 5733.39 of	49823
the Revised Code;	49824

(25) The credit for small telephone companies under section	49825
5733.57 of the Revised Code;	49826

(26) The credit for eligible nonrecurring 9-1-1 charges under	49827
section 5733.55 of the Revised Code;	49828

(27) For tax year 2005, the credit for providing programs to	49829
aid the communicatively impaired under division (A) of section	49830
5733.56 of the Revised Code;	49831

(28) The research and development credit under section	49832
5733.352 of the Revised Code;	49833

(29) For tax years 2006 and subsequent tax years, the credit	49834
for taxes paid by a qualifying pass-through entity allowed under	49835
section 5733.0611 of the Revised Code;	49836

(30) The refundable credit for rehabilitating a historic	49837
building under section 5733.47 of the Revised Code;	49838

(31) The refundable jobs creation credit under division (A)	49839
of section 5733.0610 of the Revised Code;	49840

(32) The refundable credit for tax withheld under division	49841
(B)(2) of section 5747.062 of the Revised Code;	49842

(33) The refundable credit under section 5733.49 of the	49843
Revised Code for losses on loans made to the Ohio venture capital	49844
program under sections 150.01 to 150.10 of the Revised Code;	49845

(34) For tax years 2006, 2007, and 2008, the refundable	49846
credit allowable under division (B) of section 5733.56 of the	49847
Revised Code.	49848

(B) For any credit except the credits enumerated in divisions	49849
(A)(30) to (34) of this section, the amount of the credit for a	49850
tax year shall not exceed the tax due after allowing for any other	49851
credit that precedes it in the order required under this section.	49852
Any excess amount of a particular credit may be carried forward if	49853
authorized under the section creating that credit.	49854

Sec. 5739.02. For the purpose of providing revenue with	49855
which to meet the needs of the state, for the use of the general	49856
revenue fund of the state, for the purpose of securing a thorough	49857
and efficient system of common schools throughout the state, for	49858
the purpose of affording revenues, in addition to those from	49859
general property taxes, permitted under constitutional	49860
limitations, and from other sources, for the support of local	49861
governmental functions, and for the purpose of reimbursing the	49862
state for the expense of administering this chapter, an excise tax	49863
is hereby levied on each retail sale made in this state.	49864

(A)(1) The tax shall be collected as provided in section	49865
5739.025 of the Revised Code, provided that on and after July 1,	49866
2003, and on or before June 30, 2005, the rate of tax shall be six	49867
per cent. On and after July 1, 2005, the rate of the tax shall be	49868
five and one-half per cent. The tax applies and is collectible	49869
when the sale is made, regardless of the time when the price is	49870
paid or delivered.	49871

(2) In the case of the lease or rental, with a fixed term of	49872
more than thirty days or an indefinite term with a minimum period	49873
of more than thirty days, of any motor vehicles designed by the	49874
manufacturer to carry a load of not more than one ton, watercraft,	49875
outboard motor, or aircraft, or of any tangible personal property,	49876
other than motor vehicles designed by the manufacturer to carry a	49877
load of more than one ton, to be used by the lessee or renter	49878
primarily for business purposes, the tax shall be collected by the	49879
vendor at the time the lease or rental is consummated and shall be	49880
calculated by the vendor on the basis of the total amount to be	49881
paid by the lessee or renter under the lease agreement. If the	49882
total amount of the consideration for the lease or rental includes	49883
amounts that are not calculated at the time the lease or rental is	49884
executed, the tax shall be calculated and collected by the vendor	49885
at the time such amounts are billed to the lessee or renter. In	49886
the case of an open-end lease or rental, the tax shall be	49887
calculated by the vendor on the basis of the total amount to be	49888
paid during the initial fixed term of the lease or rental, and for	49889
each subsequent renewal period as it comes due. As used in this	49890
division, "motor vehicle" has the same meaning as in section	49891
4501.01 of the Revised Code, and "watercraft" includes an outdrive	49892
unit attached to the watercraft.	49893

A lease with a renewal clause and a termination penalty or	49894
similar provision that applies if the renewal clause is not	49895
exercised is presumed to be a sham transaction. In such a case,	49896
the tax shall be calculated and paid on the basis of the entire	49897
length of the lease period, including any renewal periods, until	49898
the termination penalty or similar provision no longer applies.	49899
The taxpayer shall bear the burden, by a preponderance of the	49900
evidence, that the transaction or series of transactions is not a	49901
sham transaction.	49902

(3) Except as provided in division (A)(2) of this section, in	49903
the case of a sale, the price of which consists in whole or in	49904
part of the lease or rental of tangible personal property, the tax	49905
shall be measured by the installments of that lease or rental.	49906

(4) In the case of a sale of a physical fitness facility	49907
service or recreation and sports club service, the price of which	49908
consists in whole or in part of a membership for the receipt of	49909
the benefit of the service, the tax applicable to the sale shall	49910
be measured by the installments thereof.	49911

(B) The tax does not apply to the following:

49912

(1) Sales to the state or any of its political subdivisions,	49913
or to any other state or its political subdivisions if the laws of	49914
that state exempt from taxation sales made to this state and its	49915
political subdivisions;	49916

(2) Sales of food for human consumption off the premises	49917
where sold;	49918

(3) Sales of food sold to students only in a cafeteria,	49919
dormitory, fraternity, or sorority maintained in a private,	49920
public, or parochial school, college, or university;	49921

(4) Sales of newspapers and of magazine subscriptions and	49922
sales or transfers of magazines distributed as controlled	49923
circulation publications;	49924

(5) The furnishing, preparing, or serving of meals without	49925
charge by an employer to an employee provided the employer records	49926
the meals as part compensation for services performed or work	49927
done;	49928

(6) Sales of motor fuel upon receipt, use, distribution, or	49929
sale of which in this state a tax is imposed by the law of this	49930
state, but this exemption shall not apply to the sale of motor	49931
fuel on which a refund of the tax is allowable under division (A)	49932
of section 5735.14 of the Revised Code; and the tax commissioner	49933
may deduct the amount of tax levied by this section applicable to	49934
the price of motor fuel when granting a refund of motor fuel tax	49935
pursuant to division (A) of section 5735.14 of the Revised Code	49936
and shall cause the amount deducted to be paid into the general	49937
revenue fund of this state;	49938

(7) Sales of natural gas by a natural gas company, of water	49939
by a water-works company, or of steam by a heating company, if in	49940
each case the thing sold is delivered to consumers through pipes	49941
or conduits, and all sales of communications services by a	49942
telegraph company, all terms as defined in section 5727.01 of the	49943
Revised Code, and sales of electricity delivered through wires;	49944

(8) Casual sales by a person, or auctioneer employed directly	49945
by the person to conduct such sales, except as to such sales of	49946
motor vehicles, watercraft or outboard motors required to be	49947
titled under section 1548.06 of the Revised Code, watercraft	49948
documented with the United States coast guard, snowmobiles, and	49949
all-purpose vehicles as defined in section 4519.01 of the Revised	49950
Code;	49951

(9)(a) Sales of services or tangible personal property, other	49952
than motor vehicles, mobile homes, and manufactured homes, by	49953
churches, organizations exempt from taxation under section	49954
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	49955
organizations operated exclusively for charitable purposes as	49956
defined in division (B)(12) of this section, provided that the	49957
number of days on which such tangible personal property or	49958
services, other than items never subject to the tax, are sold does	49959
not exceed six in any calendar year, except as otherwise provided	49960
in division (B)(9)(b) of this section. If the number of days on	49961
which such sales are made exceeds six in any calendar year, the	49962
church or organization shall be considered to be engaged in	49963
business and all subsequent sales by it shall be subject to the	49964
tax. In counting the number of days, all sales by groups within a	49965
church or within an organization shall be considered to be sales	49966
of that church or organization~~, except that~~.	49967

(b) The limitation on the number of days on which tax-exempt	49968
sales may be made by a church or organization under division	49969
(B)(9)(a) of this section does not apply to sales made by ~~separate~~	49970
student clubs and other groups of students of a primary or	49971
secondary school, ~~and sales made by~~or a parent-teacher	49972
association, booster group, or similar organization that raises	49973
money to support or fund curricular or extracurricular activities	49974
of a primary or secondary school~~, shall not be considered to be~~	49975
~~sales of such school, and sales by each such club, group,~~	49976
~~association, or organization shall be counted separately for~~	49977
~~purposes of the six-day limitation. This division does~~.	49978

(c) Divisions (B)(9)(a) and (b) of this section do not apply	49979
to sales by a noncommercial educational radio or television	49980
broadcasting station.	49981

(10) Sales not within the taxing power of this state under	49982
the Constitution of the United States;	49983

(11) Except for transactions that are sales under division	49984
(B)(3)(r) of section 5739.01 of the Revised Code, the	49985
transportation of persons or property, unless the transportation	49986
is by a private investigation and security service;	49987

(12) Sales of tangible personal property or services to	49988
churches, to organizations exempt from taxation under section	49989
501(c)(3) of the Internal Revenue Code of 1986, and to any other	49990
nonprofit organizations operated exclusively for charitable	49991
purposes in this state, no part of the net income of which inures	49992
to the benefit of any private shareholder or individual, and no	49993
substantial part of the activities of which consists of carrying	49994
on propaganda or otherwise attempting to influence legislation;	49995
sales to offices administering one or more homes for the aged or	49996
one or more hospital facilities exempt under section 140.08 of the	49997
Revised Code; and sales to organizations described in division (D)	49998
of section 5709.12 of the Revised Code.	49999

"Charitable purposes" means the relief of poverty; the	50000
improvement of health through the alleviation of illness, disease,	50001
or injury; the operation of an organization exclusively for the	50002
provision of professional, laundry, printing, and purchasing	50003
services to hospitals or charitable institutions; the operation of	50004
a home for the aged, as defined in section 5701.13 of the Revised	50005
Code; the operation of a radio or television broadcasting station	50006
that is licensed by the federal communications commission as a	50007
noncommercial educational radio or television station; the	50008
operation of a nonprofit animal adoption service or a county	50009
humane society; the promotion of education by an institution of	50010
learning that maintains a faculty of qualified instructors,	50011
teaches regular continuous courses of study, and confers a	50012
recognized diploma upon completion of a specific curriculum; the	50013
operation of a parent-teacher association, booster group, or	50014
similar organization primarily engaged in the promotion and	50015
support of the curricular or extracurricular activities of a	50016
primary or secondary school; the operation of a community or area	50017
center in which presentations in music, dramatics, the arts, and	50018
related fields are made in order to foster public interest and	50019
education therein; the production of performances in music,	50020
dramatics, and the arts; or the promotion of education by an	50021
organization engaged in carrying on research in, or the	50022
dissemination of, scientific and technological knowledge and	50023
information primarily for the public.	50024

Nothing in this division shall be deemed to exempt sales to	50025
any organization for use in the operation or carrying on of a	50026
trade or business, or sales to a home for the aged for use in the	50027
operation of independent living facilities as defined in division	50028
(A) of section 5709.12 of the Revised Code.	50029

(13) Building and construction materials and services sold to	50030
construction contractors for incorporation into a structure or	50031
improvement to real property under a construction contract with	50032
this state or a political subdivision of this state, or with the	50033
United States government or any of its agencies; building and	50034
construction materials and services sold to construction	50035
contractors for incorporation into a structure or improvement to	50036
real property that are accepted for ownership by this state or any	50037
of its political subdivisions, or by the United States government	50038
or any of its agencies at the time of completion of the structures	50039
or improvements; building and construction materials sold to	50040
construction contractors for incorporation into a horticulture	50041
structure or livestock structure for a person engaged in the	50042
business of horticulture or producing livestock; building	50043
materials and services sold to a construction contractor for	50044
incorporation into a house of public worship or religious	50045
education, or a building used exclusively for charitable purposes	50046
under a construction contract with an organization whose purpose	50047
is as described in division (B)(12) of this section; building	50048
materials and services sold to a construction contractor for	50049
incorporation into a building under a construction contract with	50050
an organization exempt from taxation under section 501(c)(3) of	50051
the Internal Revenue Code of 1986 when the building is to be used	50052
exclusively for the organization's exempt purposes; building and	50053
construction materials sold for incorporation into the original	50054
construction of a sports facility under section 307.696 of the	50055
Revised Code; and building and construction materials and services	50056
sold to a construction contractor for incorporation into real	50057
property outside this state if such materials and services, when	50058
sold to a construction contractor in the state in which the real	50059
property is located for incorporation into real property in that	50060
state, would be exempt from a tax on sales levied by that state;	50061

(14) Sales of ships or vessels or rail rolling stock used or	50062
to be used principally in interstate or foreign commerce, and	50063
repairs, alterations, fuel, and lubricants for such ships or	50064
vessels or rail rolling stock;	50065

(15) Sales to persons primarily engaged in any of the	50066
activities mentioned in division (B)(42)(a) or (g) of this	50067
section, to persons engaged in making retail sales, or to persons	50068
who purchase for sale from a manufacturer tangible personal	50069
property that was produced by the manufacturer in accordance with	50070
specific designs provided by the purchaser, of packages, including	50071
material, labels, and parts for packages, and of machinery,	50072
equipment, and material for use primarily in packaging tangible	50073
personal property produced for sale, including any machinery,	50074
equipment, and supplies used to make labels or packages, to	50075
prepare packages or products for labeling, or to label packages or	50076
products, by or on the order of the person doing the packaging, or	50077
sold at retail. "Packages" includes bags, baskets, cartons,	50078
crates, boxes, cans, bottles, bindings, wrappings, and other	50079
similar devices and containers, but does not include motor	50080
vehicles or bulk tanks, trailers, or similar devices attached to	50081
motor vehicles. "Packaging" means placing in a package. Division	50082
(B)(15) of this section does not apply to persons engaged in	50083
highway transportation for hire.	50084

(16) Sales of food to persons using food stamp benefits to	50085
purchase the food. As used in this division, "food" has the same	50086
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	50087
2012, as amended, and federal regulations adopted pursuant to that	50088
act.	50089

(17) Sales to persons engaged in farming, agriculture,	50090
horticulture, or floriculture, of tangible personal property for	50091
use or consumption directly in the production by farming,	50092
agriculture, horticulture, or floriculture of other tangible	50093
personal property for use or consumption directly in the	50094
production of tangible personal property for sale by farming,	50095
agriculture, horticulture, or floriculture; or material and parts	50096
for incorporation into any such tangible personal property for use	50097
or consumption in production; and of tangible personal property	50098
for such use or consumption in the conditioning or holding of	50099
products produced by and for such use, consumption, or sale by	50100
persons engaged in farming, agriculture, horticulture, or	50101
floriculture, except where such property is incorporated into real	50102
property;	50103

(18) Sales of drugs for a human being that may be dispensed	50104
only pursuant to a prescription; insulin as recognized in the	50105
official United States pharmacopoeia; urine and blood testing	50106
materials when used by diabetics or persons with hypoglycemia to	50107
test for glucose or acetone; hypodermic syringes and needles when	50108
used by diabetics for insulin injections; epoetin alfa when	50109
purchased for use in the treatment of persons with medical	50110
disease; hospital beds when purchased by hospitals, nursing homes,	50111
or other medical facilities; and medical oxygen and medical	50112
oxygen-dispensing equipment when purchased by hospitals, nursing	50113
homes, or other medical facilities;	50114

(19) Sales of prosthetic devices, durable medical equipment	50115
for home use, or mobility enhancing equipment, when made pursuant	50116
to a prescription and when such devices or equipment are for use	50117
by a human being.	50118

(20) Sales of emergency and fire protection vehicles and	50119
equipment to nonprofit organizations for use solely in providing	50120
fire protection and emergency services, including trauma care and	50121
emergency medical services, for political subdivisions of the	50122
state;	50123

(21) Sales of tangible personal property manufactured in this	50124
state, if sold by the manufacturer in this state to a retailer for	50125
use in the retail business of the retailer outside of this state	50126
and if possession is taken from the manufacturer by the purchaser	50127
within this state for the sole purpose of immediately removing the	50128
same from this state in a vehicle owned by the purchaser;	50129

(22) Sales of services provided by the state or any of its	50130
political subdivisions, agencies, instrumentalities, institutions,	50131
or authorities, or by governmental entities of the state or any of	50132
its political subdivisions, agencies, instrumentalities,	50133
institutions, or authorities;	50134

(23) Sales of motor vehicles to nonresidents of this state	50135
~~upon the presentation of an affidavit executed in this state by~~	50136
~~the nonresident purchaser affirming that the purchaser is a~~	50137
~~nonresident of this state, that possession of the motor vehicle is~~	50138
~~taken in this state for the sole purpose of immediately removing~~	50139
~~it from this state, that the motor vehicle will be permanently~~	50140
~~titled and registered in another state, and that the motor vehicle~~	50141
~~will not be used in this state~~under the circumstances described	50142
in division (B) of section 5739.029 of the Revised Code;	50143

(24) Sales to persons engaged in the preparation of eggs for	50144
sale of tangible personal property used or consumed directly in	50145
such preparation, including such tangible personal property used	50146
for cleaning, sanitizing, preserving, grading, sorting, and	50147
classifying by size; packages, including material and parts for	50148
packages, and machinery, equipment, and material for use in	50149
packaging eggs for sale; and handling and transportation equipment	50150
and parts therefor, except motor vehicles licensed to operate on	50151
public highways, used in intraplant or interplant transfers or	50152
shipment of eggs in the process of preparation for sale, when the	50153
plant or plants within or between which such transfers or	50154
shipments occur are operated by the same person. "Packages"	50155
includes containers, cases, baskets, flats, fillers, filler flats,	50156
cartons, closure materials, labels, and labeling materials, and	50157
"packaging" means placing therein.	50158

(25)(a) Sales of water to a consumer for residential use,	50159
except the sale of bottled water, distilled water, mineral water,	50160
carbonated water, or ice;	50161

(b) Sales of water by a nonprofit corporation engaged	50162
exclusively in the treatment, distribution, and sale of water to	50163
consumers, if such water is delivered to consumers through pipes	50164
or tubing.	50165

(26) Fees charged for inspection or reinspection of motor	50166
vehicles under section 3704.14 of the Revised Code;	50167

(27) Sales to persons licensed to conduct a food service	50168
operation pursuant to section 3717.43 of the Revised Code, of	50169
tangible personal property primarily used directly for the	50170
following:	50171

(a) To prepare food for human consumption for sale;

50172

(b) To preserve food that has been or will be prepared for	50173
human consumption for sale by the food service operator, not	50174
including tangible personal property used to display food for	50175
selection by the consumer;	50176

(c) To clean tangible personal property used to prepare or	50177
serve food for human consumption for sale.	50178

(28) Sales of animals by nonprofit animal adoption services	50179
or county humane societies;	50180

(29) Sales of services to a corporation described in division	50181
(A) of section 5709.72 of the Revised Code, and sales of tangible	50182
personal property that qualifies for exemption from taxation under	50183
section 5709.72 of the Revised Code;	50184

(30) Sales and installation of agricultural land tile, as	50185
defined in division (B)(5)(a) of section 5739.01 of the Revised	50186
Code;	50187

(31) Sales and erection or installation of portable grain	50188
bins, as defined in division (B)(5)(b) of section 5739.01 of the	50189
Revised Code;	50190

(32) The sale, lease, repair, and maintenance of, parts for,	50191
or items attached to or incorporated in, motor vehicles that are	50192
primarily used for transporting tangible personal property	50193
belonging to others by a person engaged in highway transportation	50194
for hire, except for packages and packaging used for the	50195
transportation of tangible personal property;	50196

(33) Sales to the state headquarters of any veterans'	50197
organization in this state that is either incorporated and issued	50198
a charter by the congress of the United States or is recognized by	50199
the United States veterans administration, for use by the	50200
headquarters;	50201

(34) Sales to a telecommunications service vendor, mobile	50202
telecommunications service vendor, or satellite broadcasting	50203
service vendor of tangible personal property and services used	50204
directly and primarily in transmitting, receiving, switching, or	50205
recording any interactive, one- or two-way electromagnetic	50206
communications, including voice, image, data, and information,	50207
through the use of any medium, including, but not limited to,	50208
poles, wires, cables, switching equipment, computers, and record	50209
storage devices and media, and component parts for the tangible	50210
personal property. The exemption provided in this division shall	50211
be in lieu of all other exemptions under division (B)(42)(a) of	50212
this section to which the vendor may otherwise be entitled, based	50213
upon the use of the thing purchased in providing the	50214
telecommunications, mobile telecommunications, or satellite	50215
broadcasting service.	50216

(35)(a) Sales where the purpose of the consumer is to use or	50217
consume the things transferred in making retail sales and	50218
consisting of newspaper inserts, catalogues, coupons, flyers, gift	50219
certificates, or other advertising material that prices and	50220
describes tangible personal property offered for retail sale.	50221

(b) Sales to direct marketing vendors of preliminary	50222
materials such as photographs, artwork, and typesetting that will	50223
be used in printing advertising material; of printed matter that	50224
offers free merchandise or chances to win sweepstake prizes and	50225
that is mailed to potential customers with advertising material	50226
described in division (B)(35)(a) of this section; and of equipment	50227
such as telephones, computers, facsimile machines, and similar	50228
tangible personal property primarily used to accept orders for	50229
direct marketing retail sales.	50230

(c) Sales of automatic food vending machines that preserve	50231
food with a shelf life of forty-five days or less by refrigeration	50232
and dispense it to the consumer.	50233

For purposes of division (B)(35) of this section, "direct	50234
marketing" means the method of selling where consumers order	50235
tangible personal property by United States mail, delivery	50236
service, or telecommunication and the vendor delivers or ships the	50237
tangible personal property sold to the consumer from a warehouse,	50238
catalogue distribution center, or similar fulfillment facility by	50239
means of the United States mail, delivery service, or common	50240
carrier.	50241

(36) Sales to a person engaged in the business of	50242
horticulture or producing livestock of materials to be	50243
incorporated into a horticulture structure or livestock structure;	50244

(37) Sales of personal computers, computer monitors, computer	50245
keyboards, modems, and other peripheral computer equipment to an	50246
individual who is licensed or certified to teach in an elementary	50247
or a secondary school in this state for use by that individual in	50248
preparation for teaching elementary or secondary school students;	50249

(38) Sales to a professional racing team of any of the	50250
following:	50251

(a) Motor racing vehicles;

50252

(b) Repair services for motor racing vehicles;

50253

(c) Items of property that are attached to or incorporated in	50254
motor racing vehicles, including engines, chassis, and all other	50255
components of the vehicles, and all spare, replacement, and	50256
rebuilt parts or components of the vehicles; except not including	50257
tires, consumable fluids, paint, and accessories consisting of	50258
instrumentation sensors and related items added to the vehicle to	50259
collect and transmit data by means of telemetry and other forms of	50260
communication.	50261

(39) Sales of used manufactured homes and used mobile homes,	50262
as defined in section 5739.0210 of the Revised Code, made on or	50263
after January 1, 2000;	50264

(40) Sales of tangible personal property and services to a	50265
provider of electricity used or consumed directly and primarily in	50266
generating, transmitting, or distributing electricity for use by	50267
others, including property that is or is to be incorporated into	50268
and will become a part of the consumer's production, transmission,	50269
or distribution system and that retains its classification as	50270
tangible personal property after incorporation; fuel or power used	50271
in the production, transmission, or distribution of electricity;	50272
and tangible personal property and services used in the repair and	50273
maintenance of the production, transmission, or distribution	50274
system, including only those motor vehicles as are specially	50275
designed and equipped for such use. The exemption provided in this	50276
division shall be in lieu of all other exemptions in division	50277
(B)(42)(a) of this section to which a provider of electricity may	50278
otherwise be entitled based on the use of the tangible personal	50279
property or service purchased in generating, transmitting, or	50280
distributing electricity.	50281

(41) Sales to a person providing services under division	50282
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	50283
personal property and services used directly and primarily in	50284
providing taxable services under that section.	50285

(42) Sales where the purpose of the purchaser is to do any of	50286
the following:	50287

(a) To incorporate the thing transferred as a material or a	50288
part into tangible personal property to be produced for sale by	50289
manufacturing, assembling, processing, or refining; or to use or	50290
consume the thing transferred directly in producing tangible	50291
personal property for sale by mining, including, without	50292
limitation, the extraction from the earth of all substances that	50293
are classed geologically as minerals, production of crude oil and	50294
natural gas, farming, agriculture, horticulture, or floriculture,	50295
or directly in the rendition of a public utility service, except	50296
that the sales tax levied by this section shall be collected upon	50297
all meals, drinks, and food for human consumption sold when	50298
transporting persons. Persons engaged in rendering farming,	50299
agricultural, horticultural, or floricultural services, and	50300
services in the exploration for, and production of, crude oil and	50301
natural gas, for others are deemed engaged directly in farming,	50302
agriculture, horticulture, and floriculture, or exploration for,	50303
and production of, crude oil and natural gas. This paragraph does	50304
not exempt from "retail sale" or "sales at retail" the sale of	50305
tangible personal property that is to be incorporated into a	50306
structure or improvement to real property.	50307

(b) To hold the thing transferred as security for the	50308
performance of an obligation of the vendor;	50309

(c) To resell, hold, use, or consume the thing transferred as	50310
evidence of a contract of insurance;	50311

(d) To use or consume the thing directly in commercial	50312
fishing;	50313

(e) To incorporate the thing transferred as a material or a	50314
part into, or to use or consume the thing transferred directly in	50315
the production of, magazines distributed as controlled circulation	50316
publications;	50317

(f) To use or consume the thing transferred in the production	50318
and preparation in suitable condition for market and sale of	50319
printed, imprinted, overprinted, lithographic, multilithic,	50320
blueprinted, photostatic, or other productions or reproductions of	50321
written or graphic matter;	50322

(g) To use the thing transferred, as described in section	50323
5739.011 of the Revised Code, primarily in a manufacturing	50324
operation to produce tangible personal property for sale;	50325

(h) To use the benefit of a warranty, maintenance or service	50326
contract, or similar agreement, as described in division (B)(7) of	50327
section 5739.01 of the Revised Code, to repair or maintain	50328
tangible personal property, if all of the property that is the	50329
subject of the warranty, contract, or agreement would not be	50330
subject to the tax imposed by this section;	50331

(i) To use the thing transferred as qualified research and	50332
development equipment;	50333

(j) To use or consume the thing transferred primarily in	50334
storing, transporting, mailing, or otherwise handling purchased	50335
sales inventory in a warehouse, distribution center, or similar	50336
facility when the inventory is primarily distributed outside this	50337
state to retail stores of the person who owns or controls the	50338
warehouse, distribution center, or similar facility, to retail	50339
stores of an affiliated group of which that person is a member, or	50340
by means of direct marketing. This division does not apply to	50341
motor vehicles registered for operation on the public highways. As	50342
used in this division, "affiliated group" has the same meaning as	50343
in division (B)(3)(e) of section 5739.01 of the Revised Code and	50344
"direct marketing" has the same meaning as in division (B)(35) of	50345
this section.	50346

(k) To use or consume the thing transferred to fulfill a	50347
contractual obligation incurred by a warrantor pursuant to a	50348
warranty provided as a part of the price of the tangible personal	50349
property sold or by a vendor of a warranty, maintenance or service	50350
contract, or similar agreement the provision of which is defined	50351
as a sale under division (B)(7) of section 5739.01 of the Revised	50352
Code;	50353

(l) To use or consume the thing transferred in the production	50354
of a newspaper for distribution to the public;	50355

(m) To use tangible personal property to perform a service	50356
listed in division (B)(3) of section 5739.01 of the Revised Code,	50357
if the property is or is to be permanently transferred to the	50358
consumer of the service as an integral part of the performance of	50359
the service.	50360

As used in division (B)(42) of this section, "thing" includes	50361
all transactions included in divisions (B)(3)(a), (b), and (e) of	50362
section 5739.01 of the Revised Code.	50363

(43) Sales conducted through a coin operated device that	50364
activates vacuum equipment or equipment that dispenses water,	50365
whether or not in combination with soap or other cleaning agents	50366
or wax, to the consumer for the consumer's use on the premises in	50367
washing, cleaning, or waxing a motor vehicle, provided no other	50368
personal property or personal service is provided as part of the	50369
transaction.	50370

(44) Sales of replacement and modification parts for engines,	50371
airframes, instruments, and interiors in, and paint for, aircraft	50372
used primarily in a fractional aircraft ownership program, and	50373
sales of services for the repair, modification, and maintenance of	50374
such aircraft, and machinery, equipment, and supplies primarily	50375
used to provide those services.	50376

(45) Sales of telecommunications service that is used	50377
directly and primarily to perform the functions of a call center.	50378
As used in this division, "call center" means any physical	50379
location where telephone calls are placed or received in high	50380
volume for the purpose of making sales, marketing, customer	50381
service, technical support, or other specialized business	50382
activity, and that employs at least fifty individuals that engage	50383
in call center activities on a full-time basis, or sufficient	50384
individuals to fill fifty full-time equivalent positions.	50385

(46) Sales by a telecommunications service vendor of 900	50386
service to a subscriber. This division does not apply to	50387
information services, as defined in division (FF) of section	50388
5739.01 of the Revised Code.	50389

(47) Sales of value-added non-voice data service. This	50390
division does not apply to any similar service that is not	50391
otherwise a telecommunications service.	50392

(C) For the purpose of the proper administration of this	50393
chapter, and to prevent the evasion of the tax, it is presumed	50394
that all sales made in this state are subject to the tax until the	50395
contrary is established.	50396

(D) The levy of this tax on retail sales of recreation and	50397
sports club service shall not prevent a municipal corporation from	50398
levying any tax on recreation and sports club dues or on any	50399
income generated by recreation and sports club dues.	50400

(E) The tax collected by the vendor from the consumer under	50401
this chapter is not part of the price, but is a tax collection for	50402
the benefit of the state, and of counties levying an additional	50403
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	50404
Code and of transit authorities levying an additional sales tax	50405
pursuant to section 5739.023 of the Revised Code. Except for the	50406
discount authorized under section 5739.12 of the Revised Code and	50407
the effects of any rounding pursuant to section 5703.055 of the	50408
Revised Code, no person other than the state or such a county or	50409
transit authority shall derive any benefit from the collection or	50410
payment of the tax levied by this section or section 5739.021,	50411
5739.023, or 5739.026 of the Revised Code.	50412

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	50413
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	50414
5741.023 of the Revised Code, and except as otherwise provided in	50415
division (B) of this section, the tax due under this chapter on	50416
the sale of a motor vehicle required to be titled under Chapter	50417
4505. of the Revised Code by a motor vehicle dealer to a consumer	50418
that is a nonresident of this state shall be the lesser of the	50419
amount of tax that would be due under this chapter and Chapter	50420
5741. of the Revised Code if the total combined rate were six per	50421
cent, or the amount of tax that would be due, taking into	50422
consideration all applicable credits and exemptions, to the state	50423
in which the consumer titles or registers the motor vehicle or to	50424
which the consumer removes the vehicle for use.	50425

(B) No tax is due under this section, any other section of	50426
this chapter, or Chapter 5741. of the Revised Code under any of	50427
the following circumstances:	50428

(1)(a) The consumer intends to immediately remove the motor	50429
vehicle from this state for use outside this state;	50430

(b) Upon removal of the motor vehicle from this state, the	50431
consumer intends to title or register the vehicle in another state	50432
if such titling or registration is required;	50433

(c) The consumer executes an affidavit as required under	50434
division (C) of this section affirming the consumer's intentions	50435
under divisions (B)(1)(a) and (b) of this section; and	50436

(d) The state in which the consumer titles or registers the	50437
motor vehicle or to which the consumer removes the vehicle for use	50438
provides an exemption under circumstances substantially similar to	50439
those described in division (B)(1) of this section.	50440

(2) The state in which the consumer titles or registers the	50441
motor vehicle or to which the consumer removes the vehicle for use	50442
does not provide a credit against its sales or use tax or similar	50443
excise tax for sales or use tax paid to this state.	50444

(3) The state in which the consumer titles or registers the	50445
motor vehicle or to which the consumer removes the vehicle for use	50446
does not impose a sales or use tax or similar excise tax on the	50447
ownership or use of motor vehicles.	50448

(C) Any nonresident consumer that purchases a motor vehicle	50449
from a motor vehicle dealer in this state under the circumstances	50450
described in divisions (B)(1)(a) and (b) of this section shall	50451
execute an affidavit affirming the intentions described in those	50452
divisions. The affidavit shall be executed in triplicate and in	50453
the form specified by the tax commissioner. The affidavit shall be	50454
given to the motor vehicle dealer.	50455

A motor vehicle dealer that accepts in good faith an	50456
affidavit presented under this division by a nonresident consumer	50457
may rely upon the representations made in the affidavit.	50458

(D) A motor vehicle dealer making a sale subject to the tax	50459
under division (A) of this section shall collect the tax due	50460
unless the sale is subject to the exception under division (B) of	50461
this section or unless the sale is not otherwise subject to taxes	50462
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	50463
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	50464
the case of a sale under the circumstances described in division	50465
(B)(1) of this section, the dealer shall retain one copy of the	50466
affidavit and file the original and the other copy with the clerk	50467
of the court of common pleas. If tax is due under division (A) of	50468
this section, the dealer shall remit the tax collected to the	50469
clerk at the time the dealer obtains the Ohio certificate of title	50470
in the name of the consumer as required under section 4505.06 of	50471
the Revised Code. The clerk shall forward the original affidavit	50472
to the tax commissioner in the manner prescribed by the	50473
commissioner.	50474

Unless a sale is excepted from taxation under division (B) of	50475
this section, upon receipt of an application for certificate of	50476
title a clerk of the court of common pleas shall collect the sales	50477
tax due under division (A) of this section. The clerk shall remit	50478
the tax collected to the tax commissioner in the manner prescribed	50479
by the commissioner.	50480

(E) If a motor vehicle is purchased by a corporation	50481
described in division (B)(6) of section 5739.01 of the Revised	50482
Code, the state of residence of the consumer for the purposes of	50483
this section is the state of residence of the corporation's	50484
principal shareholder.	50485

(F) Any provision of this chapter or of Chapter 5741. of the	50486
Revised Code that is not inconsistent with this section applies to	50487
sales described in division (A) of this section.	50488

(G) As used in this section:

50489

(1) For the purposes of this section only, the sale or	50490
purchase of a motor vehicle does not include a lease or rental of	50491
a motor vehicle subject to division (A)(2) or (3) of section	50492
5739.02 or division (A)(2) or (3) of section 5741.02 of the	50493
Revised Code;	50494

(2) "State," except in reference to "this state," means any	50495
state, district, commonwealth, or territory of the United States.	50496

Sec. 5739.032. (A) If the total amount of tax required to be	50497
paid by a permit holder under section 5739.031 of the Revised Code	50498
for any calendar year equals or exceeds seventy-five thousand	50499
dollars, the permit holder shall remit each monthly tax payment in	50500
the second ensuing and each succeeding year by electronic funds	50501
transfer as prescribed by division (B) of this section.	50502

If a permit holder's tax payment for each of two consecutive	50503
years is less than seventy-five thousand dollars, the permit	50504
holder is relieved of the requirement to remit taxes by electronic	50505
funds transfer for the year that next follows the second of the	50506
consecutive years in which the tax payment is less than that	50507
amount, and is relieved of that requirement for each succeeding	50508
year, unless the tax payment in a subsequent year equals or	50509
exceeds seventy-five thousand dollars.	50510

The tax commissioner shall notify each permit holder required	50511
to remit taxes by electronic funds transfer of the permit holder's	50512
obligation to do so, shall maintain an updated list of those	50513
permit holders, and shall timely certify the list and any	50514
additions thereto or deletions therefrom to the treasurer of	50515
state. Failure by the tax commissioner to notify a permit holder	50516
subject to this section to remit taxes by electronic funds	50517
transfer does not relieve the permit holder of its obligation to	50518
remit taxes by electronic funds transfer.	50519

(B) Permit holders required by division (A) of this section	50520
to remit payments by electronic funds transfer shall remit such	50521
payments to the treasurer of state in the manner prescribed by	50522
this section and rules adopted by the treasurer of state under	50523
section 113.061 of the Revised Code, and ~~on or before the~~	50524
~~following dates~~as follows:	50525

(1) ~~On or before each of the fifteenth and twenty-fifth days~~	50526
~~of each month, a permit holder shall remit an amount equal to~~	50527
~~thirty-seven and one-half per cent of the permit holder's total~~	50528
~~tax liability for the same month in the preceding calendar year~~On	50529
or before the twenty-third day of each month, a permit holder	50530
shall remit an amount equal to seventy-five per cent of the	50531
anticipated tax liability for that month.	50532

(2) On or before the twenty-third day of each month, a permit	50533
holder shall report the taxes due for the previous month and shall	50534
remit that amount, less any amounts paid for that month as	50535
required by division (B)(1) of this section.	50536

The payment of taxes by electronic funds transfer does not	50537
affect a permit holder's obligation to file the monthly return as	50538
required under section 5739.031 of the Revised Code.	50539

(C) A permit holder required by this section to remit taxes	50540
by electronic funds transfer may apply to the treasurer of state	50541
in the manner prescribed by the treasurer of state to be excused	50542
from that requirement. The treasurer of state may excuse the	50543
permit holder from remittance by electronic funds transfer for	50544
good cause shown for the period of time requested by the permit	50545
holder or for a portion of that period. The treasurer of state	50546
shall notify the tax commissioner and the permit holder of the	50547
treasurer of state's decision as soon as is practicable.	50548

(D)(1)(a) If a permit holder that is required to remit	50549
payments under division (B) of this section fails to make a	50550
payment, or makes a payment under division (B)(1) of this section	50551
that is less than seventy-five per cent of the actual liability	50552
for that month, the commissioner may impose an additional charge	50553
not to exceed five per cent of that unpaid amount.	50554

(b) Division (D)(1)(a) of this section does not apply if the	50555
permit holder's payment under division (B)(1) of this section is	50556
equal to or greater than seventy-five per cent of the permit	50557
holder's reported liability for the same month in the immediately	50558
preceding calendar year.	50559

(2) If a permit holder required by this section to remit	50560
taxes by electronic funds transfer remits those taxes by some	50561
means other than by electronic funds transfer as prescribed by	50562
this section and the rules adopted by the treasurer of state, and	50563
the tax commissioner determines that such failure was not due to	50564
reasonable cause or was due to willful neglect, the commissioner	50565
may impose an additional charge not to exceed the lesser of five	50566
per cent of the amount of the taxes required to be paid by	50567
electronic funds transfer or five thousand dollars.	50568

(3) Any additional charge imposed under division (D)(1) or	50569
(2) of this section is in addition to any other penalty or charge	50570
imposed under this chapter, and shall be considered as revenue	50571
arising from taxes imposed under this chapter. An additional	50572
charge may be collected by assessment in the manner prescribed by	50573
section 5739.13 of the Revised Code. The tax commissioner may	50574
waive all or a portion of such a charge and may adopt rules	50575
governing such waiver.	50576

No additional charge shall be imposed under division (D)(2)	50577
of this section against a permit holder that has been notified of	50578
its obligation to remit taxes under this section and that remits	50579
its first two tax payments after such notification by some means	50580
other than electronic funds transfer. The additional charge may be	50581
imposed upon the remittance of any subsequent tax payment that the	50582
permit holder remits by some means other than electronic funds	50583
transfer.	50584

Sec. 5739.033. (A) Except as provided in division (B) of	50585
this section, divisions (C) to (I) of this section apply to sales	50586
made on and after May 1, 2006. Sales made before May 1, 2006, are	50587
subject to section 5739.035 of the Revised Code. On and after	50588
January 1, 2005, any vendor may irrevocably elect to comply with	50589
divisions (C) to (I) of this section for all of the vendor's sales	50590
and places of business in this state.	50591

The amount of tax due pursuant to sections 5739.02, 5739.021,	50592
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	50593
imposed pursuant to those sections at the sourcing location of the	50594
sale as determined under this section or, if applicable, under	50595
division (C) of section 5739.031 or section 5739.034 of the	50596
Revised Code, or at the situs of the sale as determined under	50597
section 5739.035 of the Revised Code. This section applies only to	50598
a vendor's or seller's obligation to collect and remit sales taxes	50599
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	50600
Revised Code or use taxes under section 5741.02, 5741.021,	50601
5741.022, or 5741.023 of the Revised Code. Division (A) of this	50602
section does not apply in determining the jurisdiction for which	50603
sellers are required to collect the use tax under section 5741.05	50604
of the Revised Code. This section does not affect the obligation	50605
of a consumer to remit use taxes on the storage, use, or other	50606
consumption of tangible personal property or on the benefit	50607
realized of any service provided, to the jurisdiction of that	50608
storage, use, or consumption, or benefit realized.	50609

(B)(1) As used in this division:

50610

(a) "Delivery sale" means the taxable sale of tangible	50611
personal property or a service that is received by a consumer, or	50612
a donee designated by the consumer, in a taxing jurisdiction that	50613
is not the taxing jurisdiction in which the vendor has a fixed	50614
place of business.	50615

(b) "Agreement" has the same meaning as in section 5740.01 of	50616
the Revised Code.	50617

(c) "Governing board" has the same meaning as in section	50618
5740.02 of the Revised Code.	50619

(2)(a) A vendor with total delivery sales in calendar year	50620
2005 that are less than thirty million dollars may continue to	50621
situs its sales under section 5739.035 of the Revised Code from	50622
May 1, 2006, through April 30, 2007, except that, if the tax	50623
commissioner does not enter a determination in the commissioner's	50624
journal under division (B)(2)(b) of this section, those dates	50625
shall be May 1, 2006, through December 31, 2007.	50626

(b) On or before February 1, 2007, the tax commissioner shall	50627
determine whether certified service provider services are being	50628
provided by the governing board of the streamlined sales and use	50629
tax agreement for all delivery sales. If the commissioner	50630
determines that such services are being so provided, the	50631
commissioner shall enter the determination in the commissioner's	50632
journal and shall provide notice of the determination on the	50633
department of taxation's official internet web site. If the	50634
commissioner makes such an entry in the journal, then a vendor	50635
with total delivery sales in calendar year 2006 that are less than	50636
five million dollars may continue to situs its sales under section	50637
5739.035 of the Revised Code from May 1, 2007, through December	50638
31, 2007.	50639

(3) Beginning January 1, 2008, all vendors shall source their	50640
sales under divisions (C) to (I) of this section.	50641

(4) Once a vendor has total delivery sales that exceed the	50642
dollar amount in division (B)(2)(a) or (b) of this section, the	50643
vendor shall source its sales under divisions (C) to (I) of this	50644
section and shall continue to source its sales under those	50645
divisions, regardless of the amount of the vendor's total delivery	50646
sales in future years.	50647

(C) Except for sales, other than leases, of titled motor	50648
vehicles, titled watercraft, or titled outboard motors as provided	50649
in ~~section~~sections 5739.029 and 5741.05 of the Revised Code, or	50650
as otherwise provided in this section and section 5739.034 of the	50651
Revised Code, all sales shall be sourced as follows:	50652

(1) If the consumer or a donee designated by the consumer	50653
receives tangible personal property or a service at a vendor's	50654
place of business, the sale shall be sourced to that place of	50655
business.	50656

(2) When the tangible personal property or service is not	50657
received at a vendor's place of business, the sale shall be	50658
sourced to the location known to the vendor where the consumer or	50659
the donee designated by the consumer receives the tangible	50660
personal property or service, including the location indicated by	50661
instructions for delivery to the consumer or the consumer's donee.	50662

(3) If divisions (C)(1) and (2) of this section do not apply,	50663
the sale shall be sourced to the location indicated by an address	50664
for the consumer that is available from the vendor's business	50665
records that are maintained in the ordinary course of the	50666
vendor's business, when use of that address does not constitute	50667
bad faith.	50668

(4) If divisions (C)(1), (2), and (3) of this section do not	50669
apply, the sale shall be sourced to the location indicated by an	50670
address for the consumer obtained during the consummation of the	50671
sale, including the address associated with the consumer's payment	50672
instrument, if no other address is available, when use of that	50673
address does not constitute bad faith.	50674

(5) If divisions (C)(1), (2), (3), and (4) of this section do	50675
not apply, including in the circumstance where the vendor is	50676
without sufficient information to apply any of those divisions,	50677
the sale shall be sourced to the address from which tangible	50678
personal property was shipped, or from which the service was	50679
provided, disregarding any location that merely provided the	50680
electronic transfer of the property sold or service provided.	50681

(6) As used in division (C) of this section, "receive" means	50682
taking possession of tangible personal property or making first	50683
use of a service. "Receive" does not include possession by a	50684
shipping company on behalf of a consumer.	50685

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	50686
section, a business consumer that is not a holder of a direct	50687
payment permit granted under section 5739.031 of the Revised Code,	50688
that purchases a digital good, computer software, except computer	50689
software received in person by a business consumer at a vendor's	50690
place of business, or a service, and that knows at the time of	50691
purchase that such digital good, software, or service will be	50692
concurrently available for use in more than one taxing	50693
jurisdiction shall deliver to the vendor in conjunction with its	50694
purchase an exemption certificate claiming multiple points of use,	50695
or shall meet the requirements of division (D)(2) of this section.	50696
On receipt of the exemption certificate claiming multiple points	50697
of use, the vendor is relieved of its obligation to collect, pay,	50698
or remit the tax due, and the business consumer must pay the tax	50699
directly to the state.	50700

(b) A business consumer that delivers the exemption	50701
certificate claiming multiple points of use to a vendor may use	50702
any reasonable, consistent, and uniform method of apportioning the	50703
tax due on the digital good, computer software, or service that is	50704
supported by the consumer's business records as they existed at	50705
the time of the sale. The business consumer shall report and pay	50706
the appropriate tax to each jurisdiction where concurrent use	50707
occurs. The tax due shall be calculated as if the apportioned	50708
amount of the digital good, computer software, or service had been	50709
delivered to each jurisdiction to which the sale is apportioned	50710
under this division.	50711

(c) The exemption certificate claiming multiple points of use	50712
shall remain in effect for all future sales by the vendor to the	50713
business consumer until it is revoked in writing by the business	50714
consumer, except as to the business consumer's specific	50715
apportionment of a subsequent sale under division (D)(1)(b) of	50716
this section and the facts existing at the time of the sale.	50717

(2) When the vendor knows that a digital good, computer	50718
software, or service sold will be concurrently available for use	50719
by the business consumer in more than one jurisdiction, but the	50720
business consumer does not provide an exemption certificate	50721
claiming multiple points of use as required by division (D)(1) of	50722
this section, the vendor may work with the business consumer to	50723
produce the correct apportionment. Governed by the principles of	50724
division (D)(1)(b) of this section, the vendor and business	50725
consumer may use any reasonable, but consistent and uniform,	50726
method of apportionment that is supported by the vendor's and	50727
business consumer's books and records as they exist at the time	50728
the sale is reported for purposes of the taxes levied under this	50729
chapter. If the business consumer certifies to the accuracy of the	50730
apportionment and the vendor accepts the certification, the vendor	50731
shall collect and remit the tax accordingly. In the absence of bad	50732
faith, the vendor is relieved of any further obligation to collect	50733
tax on any transaction where the vendor has collected tax pursuant	50734
to the information certified by the business consumer.	50735

(3) When the vendor knows that the digital good, computer	50736
software, or service will be concurrently available for use in	50737
more than one jurisdiction, and the business consumer does not	50738
have a direct pay permit and does not provide to the vendor an	50739
exemption certificate claiming multiple points of use as required	50740
in division (D)(1) of this section, or certification pursuant to	50741
division (D)(2) of this section, the vendor shall collect and	50742
remit the tax based on division (C) of this section.	50743

(4) Nothing in this section shall limit a person's obligation	50744
for sales or use tax to any state in which a digital good,	50745
computer software, or service is concurrently available for use,	50746
nor limit a person's ability under local, state, or federal law,	50747
to claim a credit for sales or use taxes legally due and paid to	50748
other jurisdictions.	50749

(E) A person who holds a direct payment permit issued under	50750
section 5739.031 of the Revised Code is not required to deliver an	50751
exemption certificate claiming multiple points of use to a vendor.	50752
But such permit holder shall comply with division (D)(2) of this	50753
section in apportioning the tax due on a digital good, computer	50754
software, or a service for use in business that will be	50755
concurrently available for use in more than one taxing	50756
jurisdiction.	50757

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	50758
section, the consumer of direct mail that is not a holder of a	50759
direct payment permit shall provide to the vendor in conjunction	50760
with the sale either an exemption certificate claiming direct mail	50761
prescribed by the tax commissioner, or information to show the	50762
jurisdictions to which the direct mail is delivered to recipients.	50763

(2) Upon receipt of such exemption certificate, the vendor is	50764
relieved of all obligations to collect, pay, or remit the	50765
applicable tax and the consumer is obligated to pay that tax on a	50766
direct pay basis. An exemption certificate claiming direct mail	50767
shall remain in effect for all future sales of direct mail by the	50768
vendor to the consumer until it is revoked in writing.	50769

(3) Upon receipt of information from the consumer showing the	50770
jurisdictions to which the direct mail is delivered to recipients,	50771
the vendor shall collect the tax according to the delivery	50772
information provided by the consumer. In the absence of bad faith,	50773
the vendor is relieved of any further obligation to collect tax on	50774
any transaction where the vendor has collected tax pursuant to the	50775
delivery information provided by the consumer.	50776

(4) If the consumer of direct mail does not have a direct	50777
payment permit and does not provide the vendor with either an	50778
exemption certificate claiming direct mail or delivery information	50779
as required by division (F)(1) of this section, the vendor shall	50780
collect the tax according to division (C)(5) of this section.	50781
Nothing in division (F)(4) of this section shall limit a	50782
consumer's obligation to pay sales or use tax to any state to	50783
which the direct mail is delivered.	50784

(5) If a consumer of direct mail provides the vendor with	50785
documentation of direct payment authority, the consumer shall not	50786
be required to provide an exemption certificate claiming direct	50787
mail or delivery information to the vendor.	50788

(G) If the vendor provides lodging to transient guests as	50789
specified in division (B)(2) of section 5739.01 of the Revised	50790
Code, the sale shall be sourced to the location where the lodging	50791
is located.	50792

(H)(1) As used in this division and division (I) of this	50793
section, "transportation equipment" means any of the following:	50794

(a) Locomotives and railcars that are utilized for the	50795
carriage of persons or property in interstate commerce.	50796

(b) Trucks and truck-tractors with a gross vehicle weight	50797
rating of greater than ten thousand pounds, trailers,	50798
semi-trailers, or passenger buses that are registered through the	50799
international registration plan and are operated under authority	50800
of a carrier authorized and certificated by the United States	50801
department of transportation or another federal authority to	50802
engage in the carriage of persons or property in interstate	50803
commerce.	50804

(c) Aircraft that are operated by air carriers authorized and	50805
certificated by the United States department of transportation or	50806
another federal authority to engage in the carriage of persons or	50807
property in interstate or foreign commerce.	50808

(d) Containers designed for use on and component parts	50809
attached to or secured on the items set forth in division	50810
(H)(1)(a), (b), or (c) of this section.	50811

(2) A sale, lease, or rental of transportation equipment	50812
shall be sourced pursuant to division (C) of this section.	50813

(I)(1) A lease or rental of tangible personal property that	50814
does not require recurring periodic payments shall be sourced	50815
pursuant to division (C) of this section.	50816

(2) A lease or rental of tangible personal property that	50817
requires recurring periodic payments shall be sourced as follows:	50818

(a) In the case of a motor vehicle, other than a motor	50819
vehicle that is transportation equipment, or an aircraft, other	50820
than an aircraft that is transportation equipment, such lease or	50821
rental shall be sourced as follows:	50822

(i) An accelerated tax payment on a lease or rental taxed	50823
pursuant to division (A)(2) of section 5739.02 of the Revised Code	50824
shall be sourced to the primary property location at the time the	50825
lease or rental is consummated. Any subsequent taxable charges on	50826
the lease or rental shall be sourced to the primary property	50827
location for the period in which the charges are incurred.	50828

(ii) For a lease or rental taxed pursuant to division (A)(3)	50829
of section 5739.02 of the Revised Code, each lease or rental	50830
installment shall be sourced to the primary property location for	50831
the period covered by the installment.	50832

(b) In the case of a lease or rental of all other tangible	50833
personal property, other than transportation equipment, such lease	50834
or rental shall be sourced as follows:	50835

(i) An accelerated tax payment on a lease or rental that is	50836
taxed pursuant to division (A)(2) of section 5739.02 of the	50837
Revised Code shall be sourced pursuant to division (C) of this	50838
section at the time the lease or rental is consummated. Any	50839
subsequent taxable charges on the lease or rental shall be sourced	50840
to the primary property location for the period in which the	50841
charges are incurred.	50842

(ii) For a lease or rental that is taxed pursuant to division	50843
(A)(3) of section 5739.02 of the Revised Code, the initial lease	50844
or rental installment shall be sourced pursuant to division (C) of	50845
this section. Each subsequent installment shall be sourced to the	50846
primary property location for the period covered by the	50847
installment.	50848

(3) As used in division (I) of this section, "primary	50849
property location" means an address for tangible personal property	50850
provided by the lessee or renter that is available to the lessor	50851
or owner from its records maintained in the ordinary course of	50852
business, when use of that address does not constitute bad faith.	50853

Sec. 5739.09. (A)(1) A board of county commissioners may, by	50854
resolution adopted by a majority of the members of the board, levy	50855
an excise tax not to exceed three per cent on transactions by	50856
which lodging by a hotel is or is to be furnished to transient	50857
guests. The board shall establish all regulations necessary to	50858
provide for the administration and allocation of the tax. The	50859
regulations may prescribe the time for payment of the tax, and may	50860
provide for the imposition of a penalty or interest, or both, for	50861
late payments, provided that the penalty does not exceed ten per	50862
cent of the amount of tax due, and the rate at which interest	50863
accrues does not exceed the rate per annum prescribed pursuant to	50864
section 5703.47 of the Revised Code. Except as provided in	50865
divisions (A)(2), (3), (4), ~~and~~ (5), (6), and (7) of this section,	50866
the regulations shall provide, after deducting the real and actual	50867
costs of administering the tax, for the return to each municipal	50868
corporation or township that does not levy an excise tax on the	50869
transactions, a uniform percentage of the tax collected in the	50870
municipal corporation or in the unincorporated portion of the	50871
township from each transaction, not to exceed thirty-three and	50872
one-third per cent. The remainder of the revenue arising from the	50873
tax shall be deposited in a separate fund and shall be spent	50874
solely to make contributions to the convention and visitors'	50875
bureau operating within the county, including a pledge and	50876
contribution of any portion of the remainder pursuant to an	50877
agreement authorized by section 307.695 of the Revised Code,	50878
provided that if the board of county commissioners of an eligible	50879
county as defined in section 307.695 of the Revised Code adopts a	50880
resolution amending a resolution levying a tax under this division	50881
to provide that the revenue from the tax shall be used by the	50882
board as described in division (H) of section 307.695 of the	50883
Revised Code, the remainder of the revenue shall be used as	50884
described in the resolution making that amendment. Except as	50885
provided in division (A)(2), (3), (4), or (5), (6), or (7) or (H)	50886
of this section, on and after May 10, 1994, a board of county	50887
commissioners may not levy an excise tax pursuant to this division	50888
in any municipal corporation or township located wholly or partly	50889
within the county that has in effect an ordinance or resolution	50890
levying an excise tax pursuant to division (B) of this section.	50891
The board of a county that has levied a tax under division (C) of	50892
this section may, by resolution adopted within ninety days after	50893
July 15, 1985, by a majority of the members of the board, amend	50894
the resolution levying a tax under this division to provide for a	50895
portion of that tax to be pledged and contributed in accordance	50896
with an agreement entered into under section 307.695 of the	50897
Revised Code. A tax, any revenue from which is pledged pursuant to	50898
such an agreement, shall remain in effect at the rate at which it	50899
is imposed for the duration of the period for which the revenue	50900
from the tax has been so pledged.	50901

The board of county commissioners of an eligible county as	50902
defined in section 307.695 of the Revised Code may, by resolution	50903
adopted by a majority of the members of the board, amend a	50904
resolution levying a tax under this division to provide that the	50905
revenue from the tax shall be used by the board as described in	50906
division (H) of section 307.695 of the Revised Code, in which case	50907
the tax shall remain in effect at the rate at which it was imposed	50908
for the duration of any agreement entered into by the board under	50909
section 307.695 of the Revised Code, the duration during which any	50910
securities issued by the board under that section are outstanding,	50911
or the duration of the period during which the board owns a	50912
project as defined in section 307.695 of the Revised Code,	50913
whichever duration is longest.	50914

(2) A board of county commissioners that levies an excise tax	50915
under division (A)(1) of this section on June 30, 1997, at a rate	50916
of three per cent, and that has pledged revenue from the tax to an	50917
agreement entered into under section 307.695 of the Revised Code	50918
or, in the case of the board of county commissioners of an	50919
eligible county as defined in section 307.695 of the Revised Code,	50920
has amended a resolution levying a tax under division (C) of this	50921
section to provide that proceeds from the tax shall be used by the	50922
board as described in division (H) of section 307.695 of the	50923
Revised Code, may, at any time by a resolution adopted by a	50924
majority of the members of the board, amend the resolution levying	50925
a tax under division (A)(1) of this section to provide for an	50926
increase in the rate of that tax up to seven per cent on each	50927
transaction; to provide that revenue from the increase in the rate	50928
shall be used as described in division (H) of section 307.695 of	50929
the Revised Code or be spent solely to make contributions to the	50930
convention and visitors' bureau operating within the county to be	50931
used specifically for promotion, advertising, and marketing of the	50932
region in which the county is located; and to provide that the	50933
rate in excess of the three per cent levied under division (A)(1)	50934
of this section shall remain in effect at the rate at which it is	50935
imposed for the duration of the period during which any agreement	50936
is in effect that was entered into under section 307.695 of the	50937
Revised Code by the board of county commissioners levying a tax	50938
under division (A)(1) of this section, the duration of the period	50939
during which any securities issued by the board under division (I)	50940
of section 307.695 of the Revised Code are outstanding, or the	50941
duration of the period during which the board owns a project as	50942
defined in section 307.695 of the Revised Code, whichever duration	50943
is longest. The amendment also shall provide that no portion of	50944
that revenue need be returned to townships or municipal	50945
corporations as would otherwise be required under division (A)(1)	50946
of this section.	50947

(3) A board of county commissioners that levies a tax under	50948
division (A)(1) of this section on March 18, 1999, at a rate of	50949
three per cent may, by resolution adopted not later than	50950
forty-five days after March 18, 1999, amend the resolution levying	50951
the tax to provide for all of the following:	50952

(a) That the rate of the tax shall be increased by not more	50953
than an additional four per cent on each transaction;	50954

(b) That all of the revenue from the increase in the rate	50955
shall be pledged and contributed to a convention facilities	50956
authority established by the board of county commissioners under	50957
Chapter 351. of the Revised Code on or before November 15, 1998,	50958
and used to pay costs of constructing, maintaining, operating, and	50959
promoting a facility in the county, including paying bonds, or	50960
notes issued in anticipation of bonds, as provided by that	50961
chapter;	50962

(c) That no portion of the revenue arising from the increase	50963
in rate need be returned to municipal corporations or townships as	50964
otherwise required under division (A)(1) of this section;	50965

(d) That the increase in rate shall not be subject to	50966
diminution by initiative or referendum or by law while any bonds,	50967
or notes in anticipation of bonds, issued by the authority under	50968
Chapter 351. of the Revised Code to which the revenue is pledged,	50969
remain outstanding in accordance with their terms, unless	50970
provision is made by law or by the board of county commissioners	50971
for an adequate substitute therefor that is satisfactory to the	50972
trustee if a trust agreement secures the bonds.	50973

Division (A)(3) of this section does not apply to the board	50974
of county commissioners of any county in which a convention center	50975
or facility exists or is being constructed on November 15, 1998,	50976
or of any county in which a convention facilities authority levies	50977
a tax pursuant to section 351.021 of the Revised Code on that	50978
date.	50979

As used in division (A)(3) of this section, "cost" and	50980
"facility" have the same meanings as in section 351.01 of the	50981
Revised Code, and "convention center" has the same meaning as in	50982
section 307.695 of the Revised Code.	50983

(4) A board of county commissioners that levies a tax under	50984
division (A)(1) of this section on June 30, 2002, at a rate of	50985
three per cent may, by resolution adopted not later than September	50986
30, 2002, amend the resolution levying the tax to provide for all	50987
of the following:	50988

(a) That the rate of the tax shall be increased by not more	50989
than an additional three and one-half per cent on each	50990
transaction;	50991

(b) That all of the revenue from the increase in rate shall	50992
be pledged and contributed to a convention facilities authority	50993
established by the board of county commissioners under Chapter	50994
351. of the Revised Code on or before May 15, 2002, and be used to	50995
pay costs of constructing, expanding, maintaining, operating, or	50996
promoting a convention center in the county, including paying	50997
bonds, or notes issued in anticipation of bonds, as provided by	50998
that chapter;	50999

(c) That no portion of the revenue arising from the increase	51000
in rate need be returned to municipal corporations or townships as	51001
otherwise required under division (A)(1) of this section;	51002

(d) That the increase in rate shall not be subject to	51003
diminution by initiative or referendum or by law while any bonds,	51004
or notes in anticipation of bonds, issued by the authority under	51005
Chapter 351. of the Revised Code to which the revenue is pledged,	51006
remain outstanding in accordance with their terms, unless	51007
provision is made by law or by the board of county commissioners	51008
for an adequate substitute therefor that is satisfactory to the	51009
trustee if a trust agreement secures the bonds.	51010

As used in division (A)(4) of this section, "cost" has the	51011
same meaning as in section 351.01 of the Revised Code, and	51012
"convention center" has the same meaning as in section 307.695 of	51013
the Revised Code.	51014

(5)(a) As used in division (A)(5) of this section:

51015

(i) "Port authority" means a port authority created under	51016
Chapter 4582. of the Revised Code.	51017

(ii) "Port authority military-use facility" means port	51018
authority facilities on which or adjacent to which is located an	51019
installation of the armed forces of the United States, a reserve	51020
component thereof, or the national guard and at least part of	51021
which is made available for use, for consideration, by the armed	51022
forces of the United States, a reserve component thereof, or the	51023
national guard.	51024

(b) For the purpose of contributing revenue to pay operating	51025
expenses of a port authority that operates a port authority	51026
military-use facility, the board of county commissioners of a	51027
county that created, participated in the creation of, or has	51028
joined such a port authority may do one or both of the following:	51029

(i) Amend a resolution previously adopted under division	51030
(A)(1) of this section to designate some or all of the revenue	51031
from the tax levied under the resolution to be used for that	51032
purpose, notwithstanding that division;	51033

(ii) Amend a resolution previously adopted under division	51034
(A)(1) of this section to increase the rate of the tax by not more	51035
than an additional two per cent and use the revenue from the	51036
increase exclusively for that purpose.	51037

(c) If a board of county commissioners amends a resolution to	51038
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	51039
of this section, the board also may amend the resolution to	51040
specify that the increase in rate of the tax does not apply to	51041
"hotels," as otherwise defined in section 5739.01 of the Revised	51042
Code, having fewer rooms used for the accommodation of guests than	51043
a number of rooms specified by the board.	51044

(6) A board of county commissioners of a county organized	51045
under a county charter adopted pursuant to Article X, Section 3,	51046
Ohio Constitution, and that levies an excise tax under division	51047
(A)(1) of this section at a rate of three per cent and levies an	51048
additional excise tax under division (E) of this section at a rate	51049
of one and one-half per cent may, by resolution adopted not later	51050
than January 1, 2008, by a majority of the members of the board,	51051
amend the resolution levying a tax under division (A)(1) of this	51052
section to provide for an increase in the rate of that tax by not	51053
more than an additional one per cent on transactions by which	51054
lodging by a hotel is or is to be furnished to transient guests.	51055
Notwithstanding divisions (A)(1) and (E) of this section, the	51056
resolution shall provide that all of the revenue from the increase	51057
in rate, after deducting the real and actual costs of	51058
administering the tax, shall be used to pay the costs of	51059
improving, expanding, equipping, financing, or operating a	51060
convention center by a convention and visitors' bureau in the	51061
county. The increase in rate shall remain in effect for the period	51062
specified in the resolution, not to exceed ten years. The increase	51063
in rate shall be subject to the regulations adopted under division	51064
(A)(1) of this section, except that the resolution may provide	51065
that no portion of the revenue from the increase in the rate shall	51066
be returned to townships or municipal corporations as would	51067
otherwise be required under that division.	51068

(7) Division (A)(7) of this section applies only to a county	51069
with a population greater than sixty-five thousand and less than	51070
seventy thousand according to the most recent federal decennial	51071
census and in which, on December 31, 2006, an excise tax is levied	51072
under division (A)(1) of this section at a rate not less than and	51073
not greater than three per cent, and in which the most recent	51074
increase in the rate of that tax was enacted or took effect in	51075
November 1984.	51076

The board of county commissioners of a county to which this	51077
division applies, by resolution adopted by a majority of the	51078
members of the board, may increase the rate of the tax by not more	51079
than one per cent on transactions by which lodging by a hotel is	51080
or is to be furnished to transient guests. The increase in rate	51081
shall be for the purpose of paying expenses deemed necessary by	51082
the convention and visitors' bureau operating in the county to	51083
promote travel and tourism. The increase in rate shall remain in	51084
effect for the period specified in the resolution, not to exceed	51085
twenty years, provided that the increase in rate may not continue	51086
beyond the time when the purpose for which the increase is levied	51087
ceases to exist. If revenue from the increase in rate is pledged	51088
to the payment of debt charges on securities, the increase in rate	51089
is not subject to diminution by initiative or referendum or by law	51090
for so long as the securities are outstanding, unless provision is	51091
made by law or by the board of county commissioners for an	51092
adequate substitute for that revenue that is satisfactory to the	51093
trustee if a trust agreement secures payment of the debt charges.	51094
The increase in rate shall be subject to the regulations adopted	51095
under division (A)(1) of this section, except that the resolution	51096
may provide that no portion of the revenue from the increase in	51097
the rate shall be returned to townships or municipal corporations	51098
as would otherwise be required under division (A)(1) of this	51099
section. A resolution adopted under division (A)(7) of this	51100
section is subject to referendum under sections 305.31 to 305.99	51101
of the Revised Code.	51102

(B)(1) The legislative authority of a municipal corporation	51103
or the board of trustees of a township that is not wholly or	51104
partly located in a county that has in effect a resolution levying	51105
an excise tax pursuant to division (A)(1) of this section may, by	51106
ordinance or resolution, levy an excise tax not to exceed three	51107
per cent on transactions by which lodging by a hotel is or is to	51108
be furnished to transient guests. The legislative authority of the	51109
municipal corporation or the board of trustees of the township	51110
shall deposit at least fifty per cent of the revenue from the tax	51111
levied pursuant to this division into a separate fund, which shall	51112
be spent solely to make contributions to convention and visitors'	51113
bureaus operating within the county in which the municipal	51114
corporation or township is wholly or partly located, and the	51115
balance of that revenue shall be deposited in the general fund.	51116
The municipal corporation or township shall establish all	51117
regulations necessary to provide for the administration and	51118
allocation of the tax. The regulations may prescribe the time for	51119
payment of the tax, and may provide for the imposition of a	51120
penalty or interest, or both, for late payments, provided that the	51121
penalty does not exceed ten per cent of the amount of tax due, and	51122
the rate at which interest accrues does not exceed the rate per	51123
annum prescribed pursuant to section 5703.47 of the Revised Code.	51124
The levy of a tax under this division is in addition to any tax	51125
imposed on the same transaction by a municipal corporation or a	51126
township as authorized by division (A) of section 5739.08 of the	51127
Revised Code.	51128

(2) The legislative authority of the most populous municipal	51129
corporation located wholly or partly in a county in which the	51130
board of county commissioners has levied a tax under division	51131
(A)(4) of this section may amend, on or before September 30, 2002,	51132
that municipal corporation's ordinance or resolution that levies	51133
an excise tax on transactions by which lodging by a hotel is or is	51134
to be furnished to transient guests, to provide for all of the	51135
following:	51136

(a) That the rate of the tax shall be increased by not more	51137
than an additional one per cent on each transaction;	51138

(b) That all of the revenue from the increase in rate shall	51139
be pledged and contributed to a convention facilities authority	51140
established by the board of county commissioners under Chapter	51141
351. of the Revised Code on or before May 15, 2002, and be used to	51142
pay costs of constructing, expanding, maintaining, operating, or	51143
promoting a convention center in the county, including paying	51144
bonds, or notes issued in anticipation of bonds, as provided by	51145
that chapter;	51146

(c) That the increase in rate shall not be subject to	51147
diminution by initiative or referendum or by law while any bonds,	51148
or notes in anticipation of bonds, issued by the authority under	51149
Chapter 351. of the Revised Code to which the revenue is pledged,	51150
remain outstanding in accordance with their terms, unless	51151
provision is made by law, by the board of county commissioners, or	51152
by the legislative authority, for an adequate substitute therefor	51153
that is satisfactory to the trustee if a trust agreement secures	51154
the bonds.	51155

As used in division (B)(2) of this section, "cost" has the	51156
same meaning as in section 351.01 of the Revised Code, and	51157
"convention center" has the same meaning as in section 307.695 of	51158
the Revised Code.	51159

(C) For the purposes described in section 307.695 of the	51160
Revised Code and to cover the costs of administering the tax, a	51161
board of county commissioners of a county where a tax imposed	51162
under division (A)(1) of this section is in effect may, by	51163
resolution adopted within ninety days after July 15, 1985, by a	51164
majority of the members of the board, levy an additional excise	51165
tax not to exceed three per cent on transactions by which lodging	51166
by a hotel is or is to be furnished to transient guests. The tax	51167
authorized by this division shall be in addition to any tax that	51168
is levied pursuant to division (A) of this section, but it shall	51169
not apply to transactions subject to a tax levied by a municipal	51170
corporation or township pursuant to the authorization granted by	51171
division (A) of section 5739.08 of the Revised Code. The board	51172
shall establish all regulations necessary to provide for the	51173
administration and allocation of the tax. The regulations may	51174
prescribe the time for payment of the tax, and may provide for the	51175
imposition of a penalty or interest, or both, for late payments,	51176
provided that the penalty does not exceed ten per cent of the	51177
amount of tax due, and the rate at which interest accrues does not	51178
exceed the rate per annum prescribed pursuant to section 5703.47	51179
of the Revised Code. All revenues arising from the tax shall be	51180
expended in accordance with section 307.695 of the Revised Code.	51181
The board of county commissioners of an eligible county as defined	51182
in section 307.695 of the Revised Code may, by resolution adopted	51183
by a majority of the members of the board, amend the resolution	51184
levying a tax under this division to provide that the revenue from	51185
the tax shall be used by the board as described in division (H) of	51186
section 307.695 of the Revised Code. A tax imposed under this	51187
division shall remain in effect at the rate at which it is imposed	51188
for the duration of the period during which any agreement entered	51189
into by the board under section 307.695 of the Revised Code is in	51190
effect, the duration of the period during which any securities	51191
issued by the board under division (I) of section 307.695 of the	51192
Revised Code are outstanding, or the duration of the period during	51193
which the board owns a project as defined in section 307.695 of	51194
the Revised Code, whichever duration is longest.	51195

(D) For the purpose of providing contributions under division	51196
(B)(1) of section 307.671 of the Revised Code to enable the	51197
acquisition, construction, and equipping of a port authority	51198
educational and cultural facility in the county and, to the extent	51199
provided for in the cooperative agreement authorized by that	51200
section, for the purpose of paying debt service charges on bonds,	51201
or notes in anticipation of bonds, described in division (B)(1)(b)	51202
of that section, a board of county commissioners, by resolution	51203
adopted within ninety days after December 22, 1992, by a majority	51204
of the members of the board, may levy an additional excise tax not	51205
to exceed one and one-half per cent on transactions by which	51206
lodging by a hotel is or is to be furnished to transient guests.	51207
The excise tax authorized by this division shall be in addition to	51208
any tax that is levied pursuant to divisions (A), (B), and (C) of	51209
this section, to any excise tax levied pursuant to section 5739.08	51210
of the Revised Code, and to any excise tax levied pursuant to	51211
section 351.021 of the Revised Code. The board of county	51212
commissioners shall establish all regulations necessary to provide	51213
for the administration and allocation of the tax that are not	51214
inconsistent with this section or section 307.671 of the Revised	51215
Code. The regulations may prescribe the time for payment of the	51216
tax, and may provide for the imposition of a penalty or interest,	51217
or both, for late payments, provided that the penalty does not	51218
exceed ten per cent of the amount of tax due, and the rate at	51219
which interest accrues does not exceed the rate per annum	51220
prescribed pursuant to section 5703.47 of the Revised Code. All	51221
revenues arising from the tax shall be expended in accordance with	51222
section 307.671 of the Revised Code and division (D) of this	51223
section. The levy of a tax imposed under this division may not	51224
commence prior to the first day of the month next following the	51225
execution of the cooperative agreement authorized by section	51226
307.671 of the Revised Code by all parties to that agreement. The	51227
tax shall remain in effect at the rate at which it is imposed for	51228
the period of time described in division (C) of section 307.671 of	51229
the Revised Code for which the revenue from the tax has been	51230
pledged by the county to the corporation pursuant to that section,	51231
but, to any extent provided for in the cooperative agreement, for	51232
no lesser period than the period of time required for payment of	51233
the debt service charges on bonds, or notes in anticipation of	51234
bonds, described in division (B)(1)(b) of that section.	51235

(E) For the purpose of paying the costs of acquiring,	51236
constructing, equipping, and improving a municipal educational and	51237
cultural facility, including debt service charges on bonds	51238
provided for in division (B) of section 307.672 of the Revised	51239
Code, and for any additional purposes determined by the county in	51240
the resolution levying the tax or amendments to the resolution,	51241
including subsequent amendments providing for paying costs of	51242
acquiring, constructing, renovating, rehabilitating, equipping,	51243
and improving a port authority educational and cultural performing	51244
arts facility, as defined in section 307.674 of the Revised Code,	51245
and including debt service charges on bonds provided for in	51246
division (B) of section 307.674 of the Revised Code, the	51247
legislative authority of a county, by resolution adopted within	51248
ninety days after June 30, 1993, by a majority of the members of	51249
the legislative authority, may levy an additional excise tax not	51250
to exceed one and one-half per cent on transactions by which	51251
lodging by a hotel is or is to be furnished to transient guests.	51252
The excise tax authorized by this division shall be in addition to	51253
any tax that is levied pursuant to divisions (A), (B), (C), and	51254
(D) of this section, to any excise tax levied pursuant to section	51255
5739.08 of the Revised Code, and to any excise tax levied pursuant	51256
to section 351.021 of the Revised Code. The legislative authority	51257
of the county shall establish all regulations necessary to provide	51258
for the administration and allocation of the tax. The regulations	51259
may prescribe the time for payment of the tax, and may provide for	51260
the imposition of a penalty or interest, or both, for late	51261
payments, provided that the penalty does not exceed ten per cent	51262
of the amount of tax due, and the rate at which interest accrues	51263
does not exceed the rate per annum prescribed pursuant to section	51264
5703.47 of the Revised Code. All revenues arising from the tax	51265
shall be expended in accordance with section 307.672 of the	51266
Revised Code and this division. The levy of a tax imposed under	51267
this division shall not commence prior to the first day of the	51268
month next following the execution of the cooperative agreement	51269
authorized by section 307.672 of the Revised Code by all parties	51270
to that agreement. The tax shall remain in effect at the rate at	51271
which it is imposed for the period of time determined by the	51272
legislative authority of the county~~, but~~. That period of time	51273
shall not to exceed fifteen years, except that the legislative	51274
authority of a county with a population of less than two hundred	51275
fifty thousand according to the most recent federal decennial	51276
census, by resolution adopted by a majority of its members before	51277
the original tax expires, may extend the duration of the tax for	51278
an additional period of time. The additional period of time by	51279
which a legislative authority extends a tax levied under this	51280
division shall not exceed fifteen years.	51281

(F) The legislative authority of a county that has levied a	51282
tax under division (E) of this section may, by resolution adopted	51283
within one hundred eighty days after January 4, 2001, by a	51284
majority of the members of the legislative authority, amend the	51285
resolution levying a tax under that division to provide for the	51286
use of the proceeds of that tax, to the extent that it is no	51287
longer needed for its original purpose as determined by the	51288
parties to a cooperative agreement amendment pursuant to division	51289
(D) of section 307.672 of the Revised Code, to pay costs of	51290
acquiring, constructing, renovating, rehabilitating, equipping,	51291
and improving a port authority educational and cultural performing	51292
arts facility, including debt service charges on bonds provided	51293
for in division (B) of section 307.674 of the Revised Code, and to	51294
pay all obligations under any guaranty agreements, reimbursement	51295
agreements, or other credit enhancement agreements described in	51296
division (C) of section 307.674 of the Revised Code. The	51297
resolution may also provide for the extension of the tax at the	51298
same rate for the longer of the period of time determined by the	51299
legislative authority of the county, but not to exceed an	51300
additional twenty-five years, or the period of time required to	51301
pay all debt service charges on bonds provided for in division (B)	51302
of section 307.672 of the Revised Code and on port authority	51303
revenue bonds provided for in division (B) of section 307.674 of	51304
the Revised Code. All revenues arising from the amendment and	51305
extension of the tax shall be expended in accordance with section	51306
307.674 of the Revised Code, this division, and division (E) of	51307
this section.	51308

(G) For purposes of a tax levied by a county, township, or	51309
municipal corporation under this section or section 5739.08 of the	51310
Revised Code, a board of county commissioners, board of township	51311
trustees, or the legislative authority of a municipal corporation	51312
may adopt a resolution or ordinance at any time specifying that	51313
"hotel," as otherwise defined in section 5739.01 of the Revised	51314
Code, includes establishments in which fewer than five rooms are	51315
used for the accommodation of guests. The resolution or ordinance	51316
may apply to a tax imposed pursuant to this section prior to the	51317
adoption of the resolution or ordinance if the resolution or	51318
ordinance so states, but the tax shall not apply to transactions	51319
by which lodging by such an establishment is provided to transient	51320
guests prior to the adoption of the resolution or ordinance.	51321

(H)(1) As used in this division:

51322

(a) "Convention facilities authority" has the same meaning as	51323
in section 351.01 of the Revised Code.	51324

(b) "Convention center" has the same meaning as in section	51325
307.695 of the Revised Code.	51326

(2) Notwithstanding any contrary provision of division (D) of	51327
this section, the legislative authority of a county with a	51328
population of one million or more according to the most recent	51329
federal decennial census that has levied a tax under division (D)	51330
of this section may, by resolution adopted by a majority of the	51331
members of the legislative authority, provide for the extension of	51332
such levy and may provide that the proceeds of that tax, to the	51333
extent that they are no longer needed for their original purpose	51334
as defined by a cooperative agreement entered into under section	51335
307.671 of the Revised Code, shall be deposited into the county	51336
general revenue fund. The resolution shall provide for the	51337
extension of the tax at a rate not to exceed the rate specified in	51338
division (D) of this section for a period of time determined by	51339
the legislative authority of the county, but not to exceed an	51340
additional forty years.	51341

(3) The legislative authority of a county with a population	51342
of one million or more that has levied a tax under division (A)(1)	51343
of this section may, by resolution adopted by a majority of the	51344
members of the legislative authority, increase the rate of the tax	51345
levied by such county under division (A)(1) of this section to a	51346
rate not to exceed five per cent on transactions by which lodging	51347
by a hotel is or is to be furnished to transient guests.	51348
Notwithstanding any contrary provision of division (A)(1) of this	51349
section, the resolution may provide that all collections resulting	51350
from the rate levied in excess of three per cent, after deducting	51351
the real and actual costs of administering the tax, shall be	51352
deposited in the county general fund.	51353

(4) The legislative authority of a county with a population	51354
of one million or more that has levied a tax under division (A)(1)	51355
of this section may, by resolution adopted on or before August 30,	51356
2004, by a majority of the members of the legislative authority,	51357
provide that all or a portion of the proceeds of the tax levied	51358
under division (A)(1) of this section, after deducting the real	51359
and actual costs of administering the tax and the amounts required	51360
to be returned to townships and municipal corporations with	51361
respect to the first three per cent levied under division (A)(1)	51362
of this section, shall be deposited in the county general fund,	51363
provided that such proceeds shall be used to satisfy any pledges	51364
made in connection with an agreement entered into under section	51365
307.695 of the Revised Code.	51366

(5) No amount collected from a tax levied, extended, or	51367
required to be deposited in the county general fund under division	51368
(H) of this section shall be contributed to a convention	51369
facilities authority, corporation, or other entity created after	51370
July 1, 2003, for the principal purpose of constructing,	51371
improving, expanding, equipping, financing, or operating a	51372
convention center unless the mayor of the municipal corporation in	51373
which the convention center is to be operated by that convention	51374
facilities authority, corporation, or other entity has consented	51375
to the creation of that convention facilities authority,	51376
corporation, or entity. Notwithstanding any contrary provision of	51377
section 351.04 of the Revised Code, if a tax is levied by a county	51378
under division (H) of this section, the board of county	51379
commissioners of that county may determine the manner of	51380
selection, the qualifications, the number, and terms of office of	51381
the members of the board of directors of any convention facilities	51382
authority, corporation, or other entity described in division	51383
(H)(5) of this section.	51384

(6)(a) No amount collected from a tax levied, extended, or	51385
required to be deposited in the county general fund under division	51386
(H) of this section may be used for any purpose other than paying	51387
the direct and indirect costs of constructing, improving,	51388
expanding, equipping, financing, or operating a convention center	51389
and for the real and actual costs of administering the tax,	51390
unless, prior to the adoption of the resolution of the legislative	51391
authority of the county authorizing the levy, extension, increase,	51392
or deposit, the county and the mayor of the most populous	51393
municipal corporation in that county have entered into an	51394
agreement as to the use of such amounts, provided that such	51395
agreement has been approved by a majority of the mayors of the	51396
other municipal corporations in that county. The agreement shall	51397
provide that the amounts to be used for purposes other than paying	51398
the convention center or administrative costs described in	51399
division (H)(6)(a) of this section be used only for the direct and	51400
indirect costs of capital improvements, including the financing of	51401
capital improvements.	51402

(b) If the county in which the tax is levied has an	51403
association of mayors and city managers, the approval of that	51404
association of an agreement described in division (H)(6)(a) of	51405
this section shall be considered to be the approval of the	51406
majority of the mayors of the other municipal corporations for	51407
purposes of that division.	51408

(7) Each year, the auditor of state shall conduct an audit of	51409
the uses of any amounts collected from taxes levied, extended, or	51410
deposited under division (H) of this section and shall prepare a	51411
report of the auditor of state's findings. The auditor of state	51412
shall submit the report to the legislative authority of the county	51413
that has levied, extended, or deposited the tax, the speaker of	51414
the house of representatives, the president of the senate, and the	51415
leaders of the minority parties of the house of representatives	51416
and the senate.	51417

(I)(1) As used in this division:

51418

(a) "Convention facilities authority" has the same meaning as	51419
in section 351.01 of the Revised Code.	51420

(b) "Convention center" has the same meaning as in section	51421
307.695 of the Revised Code.	51422

(2) Notwithstanding any contrary provision of division (D) of	51423
this section, the legislative authority of a county with a	51424
population of one million two hundred thousand or more according	51425
to the most recent federal decennial census or the most recent	51426
annual population estimate published or released by the United	51427
States census bureau at the time the resolution is adopted placing	51428
the levy on the ballot, that has levied a tax under division (D)	51429
of this section may, by resolution adopted by a majority of the	51430
members of the legislative authority, provide for the extension of	51431
such levy and may provide that the proceeds of that tax, to the	51432
extent that the proceeds are no longer needed for their original	51433
purpose as defined by a cooperative agreement entered into under	51434
section 307.671 of the Revised Code and after deducting the real	51435
and actual costs of administering the tax, shall be used for	51436
paying the direct and indirect costs of constructing, improving,	51437
expanding, equipping, financing, or operating a convention center.	51438
The resolution shall provide for the extension of the tax at a	51439
rate not to exceed the rate specified in division (D) of this	51440
section for a period of time determined by the legislative	51441
authority of the county, but not to exceed an additional forty	51442
years.	51443

(3) The legislative authority of a county with a population	51444
of one million two hundred thousand or more that has levied a tax	51445
under division (A)(1) of this section may, by resolution adopted	51446
by a majority of the members of the legislative authority,	51447
increase the rate of the tax levied by such county under division	51448
(A)(1) of this section to a rate not to exceed five per cent on	51449
transactions by which lodging by a hotel is or is to be furnished	51450
to transient guests. Notwithstanding any contrary provision of	51451
division (A)(1) of this section, the resolution shall provide that	51452
all collections resulting from the rate levied in excess of three	51453
per cent, after deducting the real and actual costs of	51454
administering the tax, shall be used for paying the direct and	51455
indirect costs of constructing, improving, expanding, equipping,	51456
financing, or operating a convention center.	51457

(4) The legislative authority of a county with a population	51458
of one million two hundred thousand or more that has levied a tax	51459
under division (A)(1) of this section may, by resolution adopted	51460
on or before July 1, 2008, by a majority of the members of the	51461
legislative authority, provide that all or a portion of the	51462
proceeds of the tax levied under division (A)(1) of this section,	51463
after deducting the real and actual costs of administering the tax	51464
and the amounts required to be returned to townships and municipal	51465
corporations with respect to the first three per cent levied under	51466
division (A)(1) of this section, shall be used to satisfy any	51467
pledges made in connection with an agreement entered into under	51468
section 307.695 of the Revised Code or shall otherwise be used for	51469
paying the direct and indirect costs of constructing, improving,	51470
expanding, equipping, financing, or operating a convention center.	51471

(5) Any amount collected from a tax levied or extended under	51472
division (I) of this section may be contributed to a convention	51473
facilities authority created before July 1, 2005, but no amount	51474
collected from a tax levied or extended under division (I) of this	51475
section may be contributed to a convention facilities authority,	51476
corporation, or other entity created after July 1, 2005, unless	51477
the mayor of the municipal corporation in which the convention	51478
center is to be operated by that convention facilities authority,	51479
corporation, or other entity has consented to the creation of that	51480
convention facilities authority, corporation, or entity.	51481

Sec. 5739.12. (A) Each person who has or is required to have	51482
a vendor's license, on or before the twenty-third day of each	51483
month, shall make and file a return for the preceding month, on	51484
forms prescribed by the tax commissioner, and shall pay the tax	51485
shown on the return to be due. The commissioner may require a	51486
vendor that operates from multiple locations or has multiple	51487
vendor's licenses to report all tax liabilities on one	51488
consolidated return. The return shall show the amount of tax due	51489
from the vendor to the state for the period covered by the return	51490
and such other information as the commissioner deems necessary for	51491
the proper administration of this chapter. The commissioner may	51492
extend the time for making and filing returns and paying the tax,	51493
and may require that the return for the last month of any annual	51494
or semiannual period, as determined by the commissioner, be a	51495
reconciliation return detailing the vendor's sales activity for	51496
the preceding annual or semiannual period. The reconciliation	51497
return shall be filed by the last day of the month following the	51498
last month of the annual or semiannual period. The commissioner	51499
may remit all or any part of amounts or penalties that may become	51500
due under this chapter and may adopt rules relating thereto. Such	51501
return shall be filed by mailing it to the tax commissioner,	51502
together with payment of the amount of tax shown to be due thereon	51503
after deduction of any discount provided for under this section.	51504
Remittance shall be made payable to the treasurer of state. The	51505
return shall be considered filed when received by the tax	51506
commissioner, and the payment shall be considered made when	51507
received by the tax commissioner or when credited to an account	51508
designated by the treasurer of state or the tax commissioner.	51509

(B)(1) If the return is filed and the amount of tax shown	51510
thereon to be due is paid on or before the date such return is	51511
required to be filed, the vendor shall be entitled to ~~the~~	51512
~~following~~a discount of:	51513

~~(1)~~(a) On and after July 1, 2005, and on and before June 30,	51514
2007, nine-tenths of one per cent of the amount shown to be due on	51515
the return;	51516

~~(2)~~(b) On and after July 1, 2007, three-fourths of one per	51517
cent of the amount shown to be due on the return.	51518

(2) A vendor that has selected a certified service provider	51519
as its agent shall not be entitled to the discount if the	51520
certified service provider receives a monetary allowance pursuant	51521
to section 5739.06 of the Revised Code for performing the vendor's	51522
sales and use tax functions in this state. Amounts paid to the	51523
clerk of courts pursuant to section 4505.06 of the Revised Code	51524
shall be subject to the applicable discount. The discount shall be	51525
in consideration for prompt payment to the clerk of courts and for	51526
other services performed by the vendor in the collection of the	51527
tax.	51528

(C)(1) Upon application to the commissioner, a vendor who is	51529
required to file monthly returns may be relieved of the	51530
requirement to report and pay the actual tax due, provided that	51531
the vendor agrees to remit to the tax commissioner payment of not	51532
less than an amount determined by the commissioner to be the	51533
average monthly tax liability of the vendor, based upon a review	51534
of the returns or other information pertaining to such vendor for	51535
a period of not less than six months nor more than two years	51536
immediately preceding the filing of the application. Vendors who	51537
agree to the above conditions shall make and file an annual or	51538
semiannual reconciliation return, as prescribed by the	51539
commissioner. The reconciliation return shall be filed by mailing	51540
or delivering it to the tax commissioner, together with payment of	51541
the amount of tax shown to be due thereon after deduction of any	51542
discount provided in this section. Remittance shall be made	51543
payable to the treasurer of state. Failure of a vendor to comply	51544
with any of the above conditions may result in immediate	51545
reinstatement of the requirement of reporting and paying the	51546
actual tax liability on each monthly return, and the commissioner	51547
may at the commissioner's discretion deny the vendor the right to	51548
report and pay based upon the average monthly liability for a	51549
period not to exceed two years. The amount ascertained by the	51550
commissioner to be the average monthly tax liability of a vendor	51551
may be adjusted, based upon a review of the returns or other	51552
information pertaining to the vendor for a period of not less than	51553
six months nor more than two years preceding such adjustment.	51554

(2) The commissioner may authorize vendors whose tax	51555
liability is not such as to merit monthly returns, as ascertained	51556
by the commissioner upon the basis of administrative costs to the	51557
state, to make and file returns at less frequent intervals. When	51558
returns are filed at less frequent intervals in accordance with	51559
such authorization, the vendor shall be allowed the discount	51560
provided in this section in consideration for prompt payment with	51561
the return, provided the return is filed together with payment of	51562
the amount of tax shown to be due thereon, at the time specified	51563
by the commissioner, but a vendor that has selected a certified	51564
service provider as its agent shall not be entitled to the	51565
discount.	51566

(D) Any vendor who fails to file a return or pay the full	51567
amount of the tax shown on the return to be due under this section	51568
and the rules of the commissioner may, for each such return the	51569
vendor fails to file or each such tax the vendor fails to pay in	51570
full as shown on the return within the period prescribed by this	51571
section and the rules of the commissioner, be required to forfeit	51572
and pay into the state treasury an additional charge not exceeding	51573
fifty dollars or ten per cent of the tax required to be paid for	51574
the reporting period, whichever is greater, as revenue arising	51575
from the tax imposed by this chapter, and such sum may be	51576
collected by assessment in the manner provided in section 5739.13	51577
of the Revised Code. The commissioner may remit all or a portion	51578
of the additional charge and may adopt rules relating to the	51579
imposition and remission of the additional charge.	51580

(E) If the amount required to be collected by a vendor from	51581
consumers is in excess of the applicable percentage of the	51582
vendor's receipts from sales that are taxable under section	51583
5739.02 of the Revised Code, or in the case of sales subject to a	51584
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	51585
the Revised Code, in excess of the percentage equal to the	51586
aggregate rate of such taxes and the tax levied by section 5739.02	51587
of the Revised Code, such excess shall be remitted along with the	51588
remittance of the amount of tax due under section 5739.10 of the	51589
Revised Code.	51590

(F) The commissioner, if the commissioner deems it necessary	51591
in order to insure the payment of the tax imposed by this chapter,	51592
may require returns and payments to be made for other than monthly	51593
periods. The returns shall be signed by the vendor or the vendor's	51594
authorized agent.	51595

(G) Any vendor required to file a return and pay the tax	51596
under this section, whose total payment equals or exceeds the	51597
amount shown in division (A) of section 5739.122 of the Revised	51598
Code, shall make each payment required by this section in the	51599
second ensuing and each succeeding year by electronic funds	51600
transfer as prescribed by, and on or before the dates specified	51601
in, section 5739.122 of the Revised Code, except as otherwise	51602
prescribed by that section. For a vendor that operates from	51603
multiple locations or has multiple vendor's licenses, in	51604
determining whether the vendor's total payment equals or exceeds	51605
the amount shown in division (A) of that section, the vendor's	51606
total payment amount shall be the amount of the vendor's total tax	51607
liability for the previous calendar year for all of the vendor's	51608
locations or licenses.	51609

Sec. 5739.122. (A) If the total amount of tax required to be	51610
paid by a vendor under section 5739.12 of the Revised Code for any	51611
calendar year equals or exceeds seventy-five thousand dollars, the	51612
vendor shall remit each monthly tax payment in the second ensuing	51613
and each succeeding tax year by electronic funds transfer as	51614
prescribed by divisions (B) and (C) of this section.	51615

If a vendor's tax payment for each of two consecutive years	51616
is less than seventy-five thousand dollars, the vendor is relieved	51617
of the requirement to remit taxes by electronic funds transfer for	51618
the year that next follows the second of the consecutive years in	51619
which the tax payment is less than that amount, and is relieved of	51620
that requirement for each succeeding year, unless the tax payment	51621
in a subsequent year equals or exceeds seventy-five thousand	51622
dollars.	51623

The tax commissioner shall notify each vendor required to	51624
remit taxes by electronic funds transfer of the vendor's	51625
obligation to do so, shall maintain an updated list of those	51626
vendors, and shall timely certify the list and any additions	51627
thereto or deletions therefrom to the treasurer of state. Failure	51628
by the tax commissioner to notify a vendor subject to this section	51629
to remit taxes by electronic funds transfer does not relieve the	51630
vendor of its obligation to remit taxes by electronic funds	51631
transfer.	51632

(B) Vendors required by division (A) of this section to remit	51633
payments by electronic funds transfer shall remit such payments to	51634
the treasurer of state in the manner prescribed by this section	51635
and rules adopted by the treasurer of state under section 113.061	51636
of the Revised Code, and ~~on or before the following dates~~as	51637
follows:	51638

(1) ~~On or before the fifteenth day of each month, a vendor~~	51639
~~shall remit an amount equal to the taxes collected during the~~	51640
~~first eleven days of the month. On or before the twenty-fifth day~~	51641
~~of each month, a vendor shall remit an amount equal to the taxes~~	51642
~~collected on the twelfth through the twenty-first day of the~~	51643
~~month.~~	51644

~~(2) In lieu of remitting the actual amounts collected for the~~	51645
~~periods specified in division (B)(1) of this section, a vendor~~	51646
~~may, on or before each of the fifteenth and twenty-fifth days of~~	51647
~~each month, remit an amount equal to thirty-seven and one-half per~~	51648
~~cent of the vendor's total tax liability for the same month in the~~	51649
~~preceding calendar year.~~	51650

~~(3)~~On or before the twenty-third day of each month, a vendor	51651
shall remit an amount equal to seventy-five per cent of the	51652
anticipated tax liability for that month.	51653

(2) On or before the twenty-third day of each month, a vendor	51654
shall report the taxes collected for the previous month and shall	51655
remit that amount, less any amounts paid for that month as	51656
required by division (B)(1) ~~or (2)~~ of this section.	51657

The payment of taxes by electronic funds transfer does not	51658
affect a vendor's obligation to file the monthly return as	51659
required under section 5739.12 of the Revised Code.	51660

(C) A vendor required by this section to remit taxes by	51661
electronic funds transfer may apply to the treasurer of state in	51662
the manner prescribed by the treasurer of state to be excused from	51663
that requirement. The treasurer of state may excuse the vendor	51664
from remittance by electronic funds transfer for good cause shown	51665
for the period of time requested by the vendor or for a portion of	51666
that period. The treasurer of state shall notify the tax	51667
commissioner and the vendor of the treasurer of state's decision	51668
as soon as is practicable.	51669

(D)(1)(a) If a vendor that is required to remit payments	51670
under division (B) of this section fails to make a payment, or	51671
makes a payment under division (B)(1) of this section that is less	51672
than seventy-five per cent of the actual liability for that month,	51673
the commissioner may impose an additional charge not to exceed	51674
five per cent of that unpaid amount.	51675

(b) Division (D)(1)(a) of this section does not apply if the	51676
vendor's payment under division (B)(1) of this section is equal to	51677
or greater than seventy-five per cent of the vendor's reported	51678
liability for the same month in the immediately preceding calendar	51679
year.	51680

(2) If a vendor required by this section to remit taxes by	51681
electronic funds transfer remits those taxes by some means other	51682
than by electronic funds transfer as prescribed by this section	51683
and the rules adopted by the treasurer of state, and the treasurer	51684
of state determines that such failure was not due to reasonable	51685
cause or was due to willful neglect, the treasurer of state shall	51686
notify the tax commissioner of the failure to remit by electronic	51687
funds transfer and shall provide the commissioner with any	51688
information used in making that determination. The tax	51689
commissioner may impose an additional charge not to exceed the	51690
lesser of five per cent of the amount of the taxes required to be	51691
paid by electronic funds transfer or five thousand dollars.	51692

(3) Any additional charge imposed under division (D)(1) or	51693
(2) of this section is in addition to any other penalty or charge	51694
imposed under this chapter, and shall be considered as revenue	51695
arising from taxes imposed under this chapter. An additional	51696
charge may be collected by assessment in the manner prescribed by	51697
section 5739.13 of the Revised Code. The tax commissioner may	51698
waive all or a portion of such a charge and may adopt rules	51699
governing such waiver.	51700

No additional charge shall be imposed under division (D)(2)	51701
of this section against a vendor that has been notified of its	51702
obligation to remit taxes under this section and that remits its	51703
first two tax payments after such notification by some means other	51704
than electronic funds transfer. The additional charge may be	51705
imposed upon the remittance of any subsequent tax payment that the	51706
vendor remits by some means other than electronic funds transfer.	51707

Sec. 5739.124. (A) If required by the tax commissioner, a	51708
person required to make payments by electronic funds transfer	51709
under section 5739.032 or 5739.122 of the Revised Code shall file	51710
all returns and reports electronically. The commissioner may	51711
require the person to use the Ohio business gateway, as defined in	51712
section 718.051 of the Revised Code, or any other electronic	51713
means, to file the returns and reports, or to remit the tax, in	51714
lieu of the manner prescribed by the treasurer of state under	51715
sections 5739.032 and 5739.122 of the Revised Code.	51716

(B) A person required under this section to file reports and	51717
returns electronically may apply to the commissioner to be excused	51718
from that requirement. Applications shall be made on a form	51719
prescribed by the commissioner. The commissioner may approve the	51720
application for good cause.	51721

(C)(1) If a person required to file a report or return	51722
electronically under this section fails to do so, the commissioner	51723
may impose an additional charge not to exceed the following:	51724

(a) For each of the first two failures, five per cent of the	51725
amount required to be reported on the report or return;	51726

(b) For the third and any subsequent failure, ten per cent of	51727
the amount required to be reported on the report or return.	51728

(2) The charges authorized under division (C)(1) of this	51729
section are in addition to any other charge or penalty authorized	51730
under this chapter, and shall be considered as revenue arising	51731
from taxes imposed under this chapter. An additional charge may be	51732
collected by assessment in the manner prescribed by section	51733
5739.13 of the Revised Code. The commissioner may waive all or a	51734
portion of such a charge and may adopt rules governing such	51735
waiver.	51736

Sec. 5739.21. (A) ~~Four and two-tenths~~One hundred per cent	51737
of all money deposited into the state treasury under sections	51738
5739.01 to 5739.31 of the Revised Code and not required to be	51739
distributed as provided in section 5739.102 of the Revised Code or	51740
division (B) of this section shall be credited to ~~the local~~	51741
~~government fund for distribution in accordance with section~~	51742
~~5747.50 of the Revised Code, six-tenths of one per cent shall be~~	51743
~~credited to the local government revenue assistance fund for~~	51744
~~distribution in accordance with section 5747.61 of the Revised~~	51745
~~Code, and ninety-five and two-tenths per cent shall be credited to~~	51746
the general revenue fund.	51747

(B)(1) In any case where any county or transit authority has	51748
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	51749
5739.026 of the Revised Code, the tax commissioner shall, within	51750
forty-five days after the end of each month, determine and certify	51751
to the director of budget and management the amount of the	51752
proceeds of such tax or taxes received during that month from	51753
billings and assessments, or associated with tax returns or	51754
reports filed during that month, to be returned to the county or	51755
transit authority levying the tax or taxes. The amount to be	51756
returned to each county and transit authority shall be a fraction	51757
of the aggregate amount of money collected with respect to each	51758
area in which one or more of such taxes are concurrently in effect	51759
with the tax levied by section 5739.02 of the Revised Code. The	51760
numerator of the fraction is the rate of the tax levied by the	51761
county or transit authority and the denominator of the fraction is	51762
the aggregate rate of such taxes applicable to such area. The	51763
amount to be returned to each county or transit authority shall be	51764
reduced by the amount of any refunds of county or transit	51765
authority tax paid pursuant to section 5739.07 of the Revised Code	51766
during the same month, or transfers made pursuant to division	51767
(B)(2) of section 5703.052 of the Revised Code.	51768

(2) On a periodic basis, using the best information	51769
available, the tax commissioner shall distribute any amount of a	51770
county or transit authority tax that cannot be distributed under	51771
division (B)(1) of this section. Through audit or other means, the	51772
commissioner shall attempt to obtain the information necessary to	51773
make the distribution as provided under that division and, on	51774
receipt of that information, shall make adjustments to	51775
distributions previously made under this division.	51776

(C) The aggregate amount to be returned to any county or	51777
transit authority shall be reduced by one per cent, which shall be	51778
certified directly to the credit of the local sales tax	51779
administrative fund, which is hereby created in the state	51780
treasury. For the purpose of determining the amount to be returned	51781
to a county and transit authority in which the rate of tax imposed	51782
by the transit authority has been reduced under section 5739.028	51783
of the Revised Code, the tax commissioner shall use the respective	51784
rates of tax imposed by the county or transit authority that	51785
results from the change in the rates authorized under that	51786
section.	51787

(D) The director of budget and management shall transfer,	51788
from the same funds and in the same proportions specified in	51789
division (A) of this section, to the permissive tax distribution	51790
fund created by division (B)(1) of section 4301.423 of the Revised	51791
Code and to the local sales tax administrative fund, the amounts	51792
certified by the tax commissioner. The tax commissioner shall	51793
then, on or before the twentieth day of the month in which such	51794
certification is made, provide for payment of such respective	51795
amounts to the county treasurer and to the fiscal officer of the	51796
transit authority levying the tax or taxes. The amount transferred	51797
to the local sales tax administrative fund is for use by the tax	51798
commissioner in defraying costs incurred in administering such	51799
taxes levied by a county or transit authority.	51800

Sec. 5739.213. Notwithstanding section 5739.21 or 5741.03 of	51801
the Revised Code, of the revenue collected from the tax due under	51802
division (A) of section 5739.029 of the Revised Code, an amount	51803
equal to one-half per cent of the price of each transaction	51804
subject to taxation under that division shall be distributed to	51805
the county where the sale is sitused as provided in section	51806
5739.035 of the Revised Code. The amount to be so distributed to	51807
each county shall be credited to the funds of the county as	51808
provided by divisions (A) and (B) of section 5739.211 of the	51809
Revised Code.	51810

Sec. 5741.02. (A)(1) For the use of the general revenue fund	51811
of the state, an excise tax is hereby levied on the storage, use,	51812
or other consumption in this state of tangible personal property	51813
or the benefit realized in this state of any service provided. The	51814
tax shall be collected as provided in section 5739.025 of the	51815
Revised Code, provided that on and after July 1, 2003, and on or	51816
before June 30, 2005, the rate of the tax shall be six per cent.	51817
On and after July 1, 2005, the rate of the tax shall be five and	51818
one-half per cent.	51819

(2) In the case of the lease or rental, with a fixed term of	51820
more than thirty days or an indefinite term with a minimum period	51821
of more than thirty days, of any motor vehicles designed by the	51822
manufacturer to carry a load of not more than one ton, watercraft,	51823
outboard motor, or aircraft, or of any tangible personal property,	51824
other than motor vehicles designed by the manufacturer to carry a	51825
load of more than one ton, to be used by the lessee or renter	51826
primarily for business purposes, the tax shall be collected by the	51827
seller at the time the lease or rental is consummated and shall be	51828
calculated by the seller on the basis of the total amount to be	51829
paid by the lessee or renter under the lease or rental agreement.	51830
If the total amount of the consideration for the lease or rental	51831
includes amounts that are not calculated at the time the lease or	51832
rental is executed, the tax shall be calculated and collected by	51833
the seller at the time such amounts are billed to the lessee or	51834
renter. In the case of an open-end lease or rental, the tax shall	51835
be calculated by the seller on the basis of the total amount to be	51836
paid during the initial fixed term of the lease or rental, and for	51837
each subsequent renewal period as it comes due. As used in this	51838
division, "motor vehicle" has the same meaning as in section	51839
4501.01 of the Revised Code, and "watercraft" includes an outdrive	51840
unit attached to the watercraft.	51841

(3) Except as provided in division (A)(2) of this section, in	51842
the case of a transaction, the price of which consists in whole or	51843
part of the lease or rental of tangible personal property, the tax	51844
shall be measured by the installments of those leases or rentals.	51845

(B) Each consumer, storing, using, or otherwise consuming in	51846
this state tangible personal property or realizing in this state	51847
the benefit of any service provided, shall be liable for the tax,	51848
and such liability shall not be extinguished until the tax has	51849
been paid to this state; provided, that the consumer shall be	51850
relieved from further liability for the tax if the tax has been	51851
paid to a seller in accordance with section 5741.04 of the Revised	51852
Code or prepaid by the seller in accordance with section 5741.06	51853
of the Revised Code.	51854

(C) The tax does not apply to the storage, use, or	51855
consumption in this state of the following described tangible	51856
personal property or services, nor to the storage, use, or	51857
consumption or benefit in this state of tangible personal property	51858
or services purchased under the following described circumstances:	51859

(1) When the sale of property or service in this state is	51860
subject to the excise tax imposed by sections 5739.01 to 5739.31	51861
of the Revised Code, provided said tax has been paid;	51862

(2) Except as provided in division (D) of this section,	51863
tangible personal property or services, the acquisition of which,	51864
if made in Ohio, would be a sale not subject to the tax imposed by	51865
sections 5739.01 to 5739.31 of the Revised Code;	51866

(3) Property or services, the storage, use, or other	51867
consumption of or benefit from which this state is prohibited from	51868
taxing by the Constitution of the United States, laws of the	51869
United States, or the Constitution of this state. This exemption	51870
shall not exempt from the application of the tax imposed by this	51871
section the storage, use, or consumption of tangible personal	51872
property that was purchased in interstate commerce, but that has	51873
come to rest in this state, provided that fuel to be used or	51874
transported in carrying on interstate commerce that is stopped	51875
within this state pending transfer from one conveyance to another	51876
is exempt from the excise tax imposed by this section and section	51877
5739.02 of the Revised Code;	51878

(4) Transient use of tangible personal property in this state	51879
by a nonresident tourist or vacationer, or a nonbusiness use	51880
within this state by a nonresident of this state, if the property	51881
so used was purchased outside this state for use outside this	51882
state and is not required to be registered or licensed under the	51883
laws of this state;	51884

(5) Tangible personal property or services rendered, upon	51885
which taxes have been paid to another jurisdiction to the extent	51886
of the amount of the tax paid to such other jurisdiction. Where	51887
the amount of the tax imposed by this section and imposed pursuant	51888
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	51889
exceeds the amount paid to another jurisdiction, the difference	51890
shall be allocated between the tax imposed by this section and any	51891
tax imposed by a county or a transit authority pursuant to section	51892
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	51893
to the respective rates of such taxes.	51894

As used in this subdivision, "taxes paid to another	51895
jurisdiction" means the total amount of retail sales or use tax or	51896
similar tax based upon the sale, purchase, or use of tangible	51897
personal property or services rendered legally, levied by and paid	51898
to another state or political subdivision thereof, or to the	51899
District of Columbia, where the payment of such tax does not	51900
entitle the taxpayer to any refund or credit for such payment.	51901

(6) The transfer of a used manufactured home or used mobile	51902
home, as defined by section 5739.0210 of the Revised Code, made on	51903
or after January 1, 2000;	51904

(7) Drugs that are or are intended to be distributed free of	51905
charge to a practitioner licensed to prescribe, dispense, and	51906
administer drugs to a human being in the course of a professional	51907
practice and that by law may be dispensed only by or upon the	51908
order of such a practitioner.	51909

(8) Computer equipment and related software leased from a	51910
lessor located outside this state and initially received in this	51911
state on behalf of the consumer by a third party that will retain	51912
possession of such property for not more than ninety days and that	51913
will, within that ninety-day period, deliver such property to the	51914
consumer at a location outside this state. Division (C)(8) of this	51915
section does not provide exemption from taxation for any otherwise	51916
taxable charges associated with such property while it is in this	51917
state or for any subsequent storage, use, or consumption of such	51918
property in this state by or on behalf of the consumer.	51919

(9) ~~Cigarettes that have a wholesale value of three hundred~~	51920
~~dollars or less used, stored, or consumed, but not for resale, in~~	51921
~~any month.~~	51922

~~(10)~~ Tangible personal property held for sale by a person but	51923
not for that person's own use and donated by that person, without	51924
charge or other compensation, to either of the following:	51925

(a) A nonprofit organization operated exclusively for	51926
charitable purposes in this state, no part of the net income of	51927
which inures to the benefit of any private shareholder or	51928
individual and no substantial part of the activities of which	51929
consists of carrying on propaganda or otherwise attempting to	51930
influence legislation; or	51931

(b) This state or any political subdivision of this state,	51932
but only if donated for exclusively public purposes.	51933

For the purposes of division (C)(10) of this section,	51934
"charitable purposes" has the same meaning as in division (B)(12)	51935
of section 5739.02 of the Revised Code.	51936

(D) The tax applies to the storage, use, or other consumption	51937
in this state of tangible personal property or services, the	51938
acquisition of which at the time of sale was excepted under	51939
division (E) of section 5739.01 of the Revised Code from the tax	51940
imposed by section 5739.02 of the Revised Code, but which has	51941
subsequently been temporarily or permanently stored, used, or	51942
otherwise consumed in a taxable manner.	51943

(E)(1)(a) If any transaction is claimed to be exempt under	51944
division (E) of section 5739.01 of the Revised Code or under	51945
section 5739.02 of the Revised Code, with the exception of	51946
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	51947
Code, the consumer shall provide to the seller, and the seller	51948
shall obtain from the consumer, a certificate specifying the	51949
reason that the transaction is not subject to the tax. The	51950
certificate shall be in such form, and shall be provided either in	51951
a hard copy form or electronic form, as the tax commissioner	51952
prescribes.	51953

(b) A seller that obtains a fully completed exemption	51954
certificate from a consumer is relieved of liability for	51955
collecting and remitting tax on any sale covered by that	51956
certificate. If it is determined the exemption was improperly	51957
claimed, the consumer shall be liable for any tax due on that sale	51958
under this chapter. Relief under this division from liability does	51959
not apply to any of the following:	51960

(i) A seller that fraudulently fails to collect tax;

51961

(ii) A seller that solicits consumers to participate in the	51962
unlawful claim of an exemption;	51963

(iii) A seller that accepts an exemption certificate from a	51964
consumer that claims an exemption based on who purchases or who	51965
sells property or a service, when the subject of the transaction	51966
sought to be covered by the exemption certificate is actually	51967
received by the consumer at a location operated by the seller in	51968
this state, and this state has posted to its web site an exemption	51969
certificate form that clearly and affirmatively indicates that the	51970
claimed exemption is not available in this state;	51971

(iv) A seller that accepts an exemption certificate from a	51972
consumer who claims a multiple points of use exemption under	51973
division (D) of section 5739.033 of the Revised Code, if the item	51974
purchased is tangible personal property, other than prewritten	51975
computer software.	51976

(2) The seller shall maintain records, including exemption	51977
certificates, of all sales on which a consumer has claimed an	51978
exemption, and provide them to the tax commissioner on request.	51979

(3) If no certificate is provided or obtained within ninety	51980
days after the date on which the transaction is consummated, it	51981
shall be presumed that the tax applies. Failure to have so	51982
provided or obtained a certificate shall not preclude a seller,	51983
within one hundred twenty days after the tax commissioner gives	51984
written notice of intent to levy an assessment, from either	51985
establishing that the transaction is not subject to the tax, or	51986
obtaining, in good faith, a fully completed exemption certificate.	51987

(4) If a transaction is claimed to be exempt under division	51988
(B)(13) of section 5739.02 of the Revised Code, the contractor	51989
shall obtain certification of the claimed exemption from the	51990
contractee. This certification shall be in addition to an	51991
exemption certificate provided by the contractor to the seller. A	51992
contractee that provides a certification under this division shall	51993
be deemed to be the consumer of all items purchased by the	51994
contractor under the claim of exemption, if it is subsequently	51995
determined that the exemption is not properly claimed. The	51996
certification shall be in such form as the tax commissioner	51997
prescribes.	51998

(F) A seller who files a petition for reassessment contesting	51999
the assessment of tax on transactions for which the seller	52000
obtained no valid exemption certificates, and for which the seller	52001
failed to establish that the transactions were not subject to the	52002
tax during the one-hundred-twenty-day period allowed under	52003
division (E) of this section, may present to the tax commissioner	52004
additional evidence to prove that the transactions were exempt.	52005
The seller shall file such evidence within ninety days of the	52006
receipt by the seller of the notice of assessment, except that,	52007
upon application and for reasonable cause, the tax commissioner	52008
may extend the period for submitting such evidence thirty days.	52009

(G) For the purpose of the proper administration of sections	52010
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	52011
of the tax hereby levied, it shall be presumed that any use,	52012
storage, or other consumption of tangible personal property in	52013
this state is subject to the tax until the contrary is	52014
established.	52015

(H) The tax collected by the seller from the consumer under	52016
this chapter is not part of the price, but is a tax collection for	52017
the benefit of the state, and of counties levying an additional	52018
use tax pursuant to section 5741.021 or 5741.023 of the Revised	52019
Code and of transit authorities levying an additional use tax	52020
pursuant to section 5741.022 of the Revised Code. Except for the	52021
discount authorized under section 5741.12 of the Revised Code and	52022
the effects of any rounding pursuant to section 5703.055 of the	52023
Revised Code, no person other than the state or such a county or	52024
transit authority shall derive any benefit from the collection of	52025
such tax.	52026

Sec. 5741.03. (A) ~~Four and two-tenths~~One hundred per cent	52027
of all money deposited into the state treasury under sections	52028
5741.01 to 5741.22 of the Revised Code that is not required to be	52029
distributed as provided in division (B) of this section shall be	52030
credited to ~~the local government fund for distribution in~~	52031
~~accordance with section 5747.50 of the Revised Code, six-tenths of~~	52032
~~one per cent shall be credited to the local government revenue~~	52033
~~assistance fund for distribution in accordance with section~~	52034
~~5747.61 of the Revised Code, and ninety-five and two-tenths per~~	52035
~~cent shall be credited to~~ the general revenue fund.	52036

(B) In any case where any county or transit authority has	52037
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	52038
5741.023 of the Revised Code, the tax commissioner shall, within	52039
forty-five days after the end of each month, determine and certify	52040
to the director of budget and management the amount of the	52041
proceeds of such tax or taxes from billings and assessments	52042
received during that month, or shown on tax returns or reports	52043
filed during that month, to be returned to the county or transit	52044
authority levying the tax or taxes, which amounts shall be	52045
determined in the manner provided in section 5739.21 of the	52046
Revised Code. The director of budget and management shall	52047
transfer, from the same funds and in the same proportions	52048
specified in division (A) of this section, to the permissive tax	52049
distribution fund created by division (B)(1) of section 4301.423	52050
of the Revised Code and to the local sales tax administrative fund	52051
created by division ~~(B)~~(C) of section 5739.21 of the Revised Code,	52052
the amounts certified by the tax commissioner. The tax	52053
commissioner shall then, on or before the twentieth day of the	52054
month in which such certification is made, provide for payment of	52055
such respective amounts to the county treasurer or to the fiscal	52056
officer of the transit authority levying the tax or taxes. The	52057
amount transferred to the local sales tax administrative fund is	52058
for use by the tax commissioner in defraying costs the	52059
commissioner incurs in administering such taxes levied by a county	52060
or transit authority.	52061

Sec. 5741.121. (A) If the total amount of tax required to be	52062
paid by a seller or consumer under section 5741.12 of the Revised	52063
Code for any year equals or exceeds seventy-five thousand dollars,	52064
the seller or consumer shall remit each monthly tax payment in the	52065
second ensuing and each succeeding year by electronic funds	52066
transfer as prescribed by division (B) of this section.	52067

If a seller's or consumer's tax payment for each of two	52068
consecutive years is less than seventy-five thousand dollars, the	52069
seller or consumer is relieved of the requirement to remit taxes	52070
by electronic funds transfer for the year that next follows the	52071
second of the consecutive years in which the tax payment is less	52072
than that amount, and is relieved of that requirement for each	52073
succeeding year, unless the tax payment in a subsequent year	52074
equals or exceeds seventy-five thousand dollars.	52075

The tax commissioner shall notify each seller or consumer	52076
required to remit taxes by electronic funds transfer of the	52077
seller's or consumer's obligation to do so, shall maintain an	52078
updated list of those sellers and consumers, and shall timely	52079
certify the list and any additions thereto or deletions therefrom	52080
to the treasurer of state. Failure by the tax commissioner to	52081
notify a seller or consumer subject to this section to remit taxes	52082
by electronic funds transfer does not relieve the seller or	52083
consumer of the obligation to remit taxes by electronic funds	52084
transfer.	52085

(B) Sellers and consumers required by division (A) of this	52086
section to remit payments by electronic funds transfer shall remit	52087
such payments to the treasurer of state in the manner prescribed	52088
by this section and rules adopted by the treasurer of state under	52089
section 113.061 of the Revised Code, and ~~on or before the~~	52090
~~following dates~~as follows:	52091

(1)~~(a) On or before the fifteenth day of each month, a seller~~	52092
~~shall remit an amount equal to the taxes collected during the~~	52093
~~first eleven days of the month. On or before the twenty-fifth day~~	52094
~~of each month, a seller shall remit an amount equal to the taxes~~	52095
~~collected on the twelfth through the twenty-first day of the~~	52096
~~month.~~	52097

~~(b) In lieu of remitting the actual amounts collected for the~~	52098
~~periods specified in division (B)(1)(a) of this section, a seller~~	52099
~~may, on or before each of the fifteenth and twenty-fifth days of~~	52100
~~each month, remit an amount equal to thirty-seven and one-half per~~	52101
~~cent of the seller's total tax liability for the same month in the~~	52102
~~preceding calendar year.~~	52103

~~(2) On or before each of the fifteenth and twenty-fifth days~~	52104
~~of each month, a consumer shall remit an amount equal to~~	52105
~~thirty-seven and one-half per cent of the consumer's total tax~~	52106
~~liability for the same month in the preceding calendar year.~~	52107

~~(3)~~On or before the twenty-third day of each month, a seller	52108
or consumer shall remit an amount equal to seventy-five per cent	52109
of the anticipated tax liability for that month.	52110

(2) On or before the twenty-third day of each month, a seller	52111
shall report the taxes collected and a consumer shall report the	52112
taxes due for the previous month and shall remit that amount, less	52113
any amounts paid for that month as required by division (B)(1)~~(a)~~	52114
~~or (b) or (B)(2)~~ of this section.	52115

The payment of taxes by electronic funds transfer does not	52116
affect a seller's or consumer's obligation to file the monthly	52117
return as required under section 5741.12 of the Revised Code.	52118

(C) A seller or consumer required by this section to remit	52119
taxes by electronic funds transfer may apply to the treasurer of	52120
state in the manner prescribed by the treasurer of state to be	52121
excused from that requirement. The treasurer of state may excuse	52122
the seller or consumer from remittance by electronic funds	52123
transfer for good cause shown for the period of time requested by	52124
the seller or consumer or for a portion of that period. The	52125
treasurer of state shall notify the tax commissioner and the	52126
seller or consumer of the treasurer of state's decision as soon as	52127
is practicable.	52128

(D)(1)(a) If a seller or consumer that is required to remit	52129
payments under division (B) of this section fails to make a	52130
payment, or makes a payment under division (B)(1) of this section	52131
that is less than seventy-five per cent of the actual liability	52132
for that month, the commissioner may impose an additional charge	52133
not to exceed five per cent of that unpaid amount.	52134

(b) Division (D)(1)(a) of this section does not apply if the	52135
seller's or consumer's payment under division (B)(1) of this	52136
section is equal to or greater than seventy-five per cent of the	52137
seller's or consumer's reported liability for the same month in	52138
the immediately preceding calendar year.	52139

(2) If a seller or consumer required by this section to remit	52140
taxes by electronic funds transfer remits those taxes by some	52141
means other than by electronic funds transfer as prescribed by the	52142
rules adopted by the treasurer of state, and the treasurer of	52143
state determines that such failure was not due to reasonable cause	52144
or was due to willful neglect, the treasurer of state shall notify	52145
the tax commissioner of the failure to remit by electronic funds	52146
transfer and shall provide the commissioner with any information	52147
used in making that determination. The tax commissioner may impose	52148
an additional charge not to exceed the lesser of five per cent of	52149
the amount of the taxes required to be paid by electronic funds	52150
transfer or five thousand dollars.	52151

(3) Any additional charge imposed under this section is in	52152
addition to any other penalty or charge imposed under this	52153
chapter, and shall be considered as revenue arising from taxes	52154
imposed under this chapter. An additional charge may be collected	52155
by assessment in the manner prescribed by section 5741.13 of the	52156
Revised Code. The tax commissioner may waive all or a portion of	52157
such a charge and may adopt rules governing such waiver.	52158

No additional charge shall be imposed under division (D)(2)	52159
of this section against a seller or consumer that has been	52160
notified of the obligation to remit taxes under this section and	52161
that remits its first two tax payments after such notification by	52162
some means other than electronic funds transfer. The additional	52163
charge may be imposed upon the remittance of any subsequent tax	52164
payment that the seller or consumer remits by some means other	52165
than electronic funds transfer.	52166

Sec. 5741.122. (A) If required by the tax commissioner, a	52167
person required to make payments by electronic funds transfer	52168
under section 5739.032 or 5741.121 of the Revised Code shall file	52169
all returns and reports electronically. The commissioner may	52170
require the person to use the Ohio business gateway, as defined in	52171
section 718.051 of the Revised Code, or any other electronic	52172
means, to file the returns and reports, or to remit the tax, in	52173
lieu of the manner prescribed by the treasurer of state under	52174
sections 5739.032 and 5741.121 of the Revised Code.	52175

(B) A person required under this section to file reports and	52176
returns electronically may apply to the commissioner to be excused	52177
from that requirement. Applications shall be made on a form	52178
prescribed by the commissioner. The commissioner may approve the	52179
application for good cause.	52180

(C)(1) If a person required to file a report or return	52181
electronically under this section fails to do so, the commissioner	52182
may impose an additional charge not to exceed the following:	52183

(a) For each of the first two failures, five per cent of the	52184
amount required to be reported on the report or return;	52185

(b) For the third and any subsequent failure, ten per cent of	52186
the amount required to be reported on the report or return.	52187

(2) The charges authorized under division (C)(1) of this	52188
section are in addition to any other charge or penalty authorized	52189
under this chapter, and shall be considered as revenue arising	52190
from taxes imposed under this chapter. An additional charge may be	52191
collected by assessment in the manner prescribed by section	52192
5741.13 of the Revised Code. The commissioner may waive all or a	52193
portion of such a charge and may adopt rules governing such	52194
waiver.	52195

Sec. 5743.01. As used in this chapter:

52196

(A) "Person" includes individuals, firms, partnerships,	52197
associations, joint-stock companies, corporations, combinations of	52198
individuals of any form, and the state and any of its political	52199
subdivisions.	52200

(B) "Wholesale dealer" includes only those persons:

52201

(1) Who bring in or cause to be brought into this state	52202
unstamped cigarettes purchased directly from the manufacturer,	52203
producer, or importer of cigarettes for sale in this state but	52204
does not include persons who bring in or cause to be brought into	52205
this state cigarettes with respect to which no evidence of tax	52206
payment is required thereon as provided in section 5743.04 of the	52207
Revised Code; or	52208

(2) Who are engaged in the business of selling cigarettes or	52209
tobacco products to others for the purpose of resale.	52210

"Wholesale dealer" does not include any cigarette	52211
manufacturer, export warehouse proprietor, or importer with a	52212
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	52213
in this state only to wholesale dealers holding valid and current	52214
licenses under section 5743.15 of the Revised Code or to an export	52215
warehouse proprietor or another manufacturer.	52216

52217

(1) In reference to dealers in cigarettes, every person other	52218
than a wholesale dealer engaged in the business of selling	52219
cigarettes in this state, regardless of whether the person is	52220
located in this state or elsewhere, and regardless of quantity,	52221
amount, or number of sales;	52222

(2) In reference to dealers in tobacco products, any person	52223
in this state engaged in the business of selling tobacco products	52224
to ultimate consumers in this state, regardless of quantity,	52225
amount, or number of sales.	52226

(D) "Sale" includes exchange, barter, gift, offer for sale,	52227
and distribution, and includes transactions in interstate or	52228
foreign commerce.	52229

(E) "Cigarettes" includes any roll for smoking made wholly or	52230
in part of tobacco, irrespective of size or shape, and whether or	52231
not such tobacco is flavored, adulterated, or mixed with any other	52232
ingredient, the wrapper or cover of which is made of paper,	52233
reconstituted cigarette tobacco, homogenized cigarette tobacco,	52234
cigarette tobacco sheet, or any similar materials other than cigar	52235
tobacco.	52236

(F) "Package" means the individual package, box, or other	52237
container in or from which retail sales of cigarettes are normally	52238
made or intended to be made.	52239

(G) "Stamp" includes an impression made by a metering device	52240
as provided for in section 5743.04 of the Revised Code.	52241

(H) "Storage" includes any keeping or retention of cigarettes	52242
or tobacco products for use or consumption in this state.	52243

(I) "Use" includes the exercise of any right or power	52244
incidental to the ownership of cigarettes or tobacco products.	52245

(J) "Tobacco product" or "other tobacco product" means any	52246
product made from tobacco, other than cigarettes, that is made for	52247
smoking or chewing, or both, and snuff.	52248

(K) "Wholesale price" means the invoice price, including all	52249
federal excise taxes, at which the manufacturer of the tobacco	52250
product sells the tobacco product to unaffiliated distributors,	52251
excluding any discounts based on the method of payment of the	52252
invoice or on time of payment of the invoice. If the taxpayer buys	52253
from other than a manufacturer, "wholesale price" means the	52254
invoice price, including all federal excise taxes and excluding	52255
any discounts based on the method of payment of the invoice or on	52256
time of payment of the invoice.	52257

(L) "Distributor" means:

52258

(1) Any manufacturer who sells, barters, exchanges, or	52259
distributes tobacco products to a retail dealer in the state,	52260
except when selling to a retail dealer that has filed with the	52261
manufacturer a signed statement agreeing to pay and be liable for	52262
the tax imposed by section 5743.51 of the Revised Code;	52263

(2) Any wholesale dealer located in the state who receives	52264
tobacco products from a manufacturer, or who receives tobacco	52265
products on which the tax imposed by this chapter has not been	52266
paid;	52267

(3) Any wholesale dealer located outside the state who sells,	52268
barters, exchanges, or distributes tobacco products to a wholesale	52269
or retail dealer in the state; or	52270

(4) Any retail dealer who receives tobacco products on which	52271
the tax has not or will not be paid by another distributor,	52272
including a retail dealer that has filed a signed statement with a	52273
manufacturer in which the retail dealer agrees to pay and be	52274
liable for the tax that would otherwise be imposed on the	52275
manufacturer by section 5743.51 of the Revised Code.	52276

(M) "Taxpayer" means any person liable for the tax imposed by	52277
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	52278

(N) "Seller" means any person located outside this state	52279
engaged in the business of selling tobacco products to consumers	52280
for storage, use, or other consumption in this state.	52281

(O) "Manufacturer" means any person who manufactures and	52282
sells cigarettes or tobacco products.	52283

(P) "Importer" means any person that ~~imports~~ is authorized,	52284
under a valid permit issued under Section 5713 of the Internal	52285
Revenue Code, to import finished cigarettes into the United	52286
States, either directly or indirectly.	52287

Sec. 5743.20. No person shall sell any cigarettes both as a	52288
retail dealer and as a wholesale dealer at the same place of	52289
business. No person other than a licensed wholesale dealer shall	52290
sell cigarettes to a licensed retail dealer. No retail dealer	52291
shall purchase cigarettes from any person other than a licensed	52292
wholesale dealer.	52293

Subject to section 5743.031 of the Revised Code, a licensed	52294
wholesale dealer may not sell cigarettes to any person in this	52295
state other than a licensed retail dealer, except a licensed	52296
wholesale dealer may sell cigarettes to another licensed wholesale	52297
dealer if the tax commissioner has authorized the sale of the	52298
cigarettes between those wholesale dealers and the wholesale	52299
dealer that sells the cigarettes received them directly from a	52300
licensed manufacturer or licensed importer.	52301

The tax commissioner shall adopt rules governing sales of	52302
cigarettes between licensed wholesale dealers, including rules	52303
establishing criteria for authorizing such sales.	52304

No manufacturer or importer shall sell cigarettes to any	52305
person in this state other than to a licensed wholesale dealer or	52306
licensed importer. No importer shall purchase cigarettes from any	52307
person other than a licensed manufacturer or licensed importer.	52308

A retail dealer may purchase other tobacco products only from	52309
a licensed distributor. A licensed distributor may sell tobacco	52310
products only to a retail dealer, except a licensed distributor	52311
may sell tobacco products to another licensed distributor if the	52312
tax commissioner has authorized the sale of the tobacco products	52313
between those distributors and the distributor that sells the	52314
tobacco products received them directly from a manufacturer or	52315
importer of tobacco products.	52316

The tax commissioner may adopt rules governing sales of	52317
tobacco products between licensed distributors, including rules	52318
establishing criteria for authorizing such sales.	52319

The identities of ~~licensed distributors~~cigarette	52320
manufacturers and importers, licensed cigarette wholesalers,	52321
licensed distributors of other tobacco products, and registered	52322
manufacturers, importers, and brokers of other tobacco products	52323
are subject to public disclosure. The tax commissioner shall	52324
maintain an alphabetical list of all such ~~distributors~~	52325
manufacturers, importers, wholesalers, distributors, and brokers,	52326
shall post the list on a web site accessible to the public through	52327
the internet, and shall periodically update the web site posting.	52328

As used in this section, "licensed" means the manufacturer,	52329
importer, wholesale dealer, ~~retail dealer,~~ or distributor holds a	52330
current and valid license issued under section 5743.15 or 5743.61	52331
of the Revised Code, and "registered" means registered with the	52332
tax commissioner under section 5743.66 of the Revised Code.	52333

Sec. 5745.02. (A) The annual report filed under section	52334
5745.03 of the Revised Code determines a taxpayer's Ohio net	52335
income and the portion of Ohio net income to be apportioned to a	52336
municipal corporation.	52337

(B) A taxpayer's Ohio net income is determined by multiplying	52338
the taxpayer's adjusted federal taxable income by the sum of the	52339
property factor multiplied by one-third, the payroll factor	52340
multiplied by one-third, and the sales factor multiplied by	52341
one-third. If the denominator of one of the factors is zero, the	52342
remaining two factors each shall be multiplied by one-half instead	52343
of one-third; if the denominator of two of the factors is zero,	52344
the remaining factor shall be multiplied by one. The property,	52345
payroll, and sales factors shall be determined in the manner	52346
prescribed by divisions (B)(1), (2), and (3) of this section.	52347

(1) The property factor is a fraction, the numerator of which	52348
is the average value of the taxpayer's real and tangible personal	52349
property owned or rented, and used in business in this state	52350
during the taxable year, and the denominator of which is the	52351
average value of all the taxpayer's real and tangible personal	52352
property owned or rented, and used in business everywhere during	52353
such year. Property owned by the taxpayer is valued at its	52354
original cost. Property rented by the taxpayer is valued at eight	52355
times the net annual rental rate. "Net annual rental rate" means	52356
the annual rental rate paid by the taxpayer less any annual rental	52357
rate received by the taxpayer from subrentals. The average value	52358
of property shall be determined by averaging the values at the	52359
beginning and the end of the taxable year, but the tax	52360
commissioner may require the averaging of monthly values during	52361
the taxable year, if reasonably required to reflect properly the	52362
average value of the taxpayer's property.	52363

(2) The payroll factor is a fraction, the numerator of which	52364
is the total amount paid in this state during the taxable year by	52365
the taxpayer for compensation, and the denominator of which is the	52366
total compensation paid everywhere by the taxpayer during such	52367
year. Compensation means any form of remuneration paid to an	52368
employee for personal services. Compensation is paid in this state	52369
if: (a) the recipient's service is performed entirely within this	52370
state, (b) the recipient's service is performed both within and	52371
without this state, but the service performed without this state	52372
is incidental to the recipient's service within this state, or (c)	52373
some of the service is performed within this state and either the	52374
base of operations, or if there is no base of operations, the	52375
place from which the service is directed or controlled is within	52376
this state, or the base of operations or the place from which the	52377
service is directed or controlled is not in any state in which	52378
some part of the service is performed, but the recipient's	52379
residence is in this state.	52380

(3) The sales factor is a fraction, the numerator of which is	52381
the total sales in this state by the taxpayer during the taxable	52382
year, and the denominator of which is the total sales by the	52383
taxpayer everywhere during such year. Sales of electricity shall	52384
be sitused to this state in the manner provided under section	52385
5733.059 of the Revised Code. In determining the numerator and	52386
denominator of the sales factor, receipts from the sale or other	52387
disposal of a capital asset or an asset described in section 1231	52388
of the Internal Revenue Code shall be eliminated. Also, in	52389
determining the numerator and denominator of the sales factor, in	52390
the case of a reporting taxpayer owning at least eighty per cent	52391
of the issued and outstanding common stock of one or more	52392
insurance companies or public utilities, except an electric	52393
company, a combined company, or a telephone company, or owning at	52394
least twenty-five per cent of the issued and outstanding common	52395
stock of one or more financial institutions, receipts received by	52396
the reporting taxpayer from such utilities, insurance companies,	52397
and financial institutions shall be eliminated.	52398

For the purpose of division (B)(3) of this section, sales of	52399
tangible personal property are in this state where such property	52400
is received in this state by the purchaser. In the case of	52401
delivery of tangible personal property by common carrier or by	52402
other means of transportation, the place at which such property is	52403
ultimately received after all transportation has been completed	52404
shall be considered as the place at which such property is	52405
received by the purchaser. Direct delivery in this state, other	52406
than for purposes of transportation, to a person or firm	52407
designated by a purchaser constitutes delivery to the purchaser in	52408
this state, and direct delivery outside this state to a person or	52409
firm designated by a purchaser does not constitute delivery to the	52410
purchaser in this state, regardless of where title passes or other	52411
conditions of sale.	52412

Sales, other than sales of electricity or tangible personal	52413
property, are in this state if either the income-producing	52414
activity is performed solely in this state, or the	52415
income-producing activity is performed both within and without	52416
this state and a greater proportion of the income-producing	52417
activity is performed within this state than in any other state,	52418
based on costs of performance.	52419

For the purposes of division (B)(3) of this section, the tax	52420
commissioner may adopt rules to apportion sales within this state.	52421

(C) The portion of a taxpayer's Ohio net income taxable by	52422
each municipal corporation imposing an income tax shall be	52423
determined by multiplying the taxpayer's Ohio net income by the	52424
sum of the municipal property factor multiplied by one-third, the	52425
municipal payroll factor multiplied by one-third, and the	52426
municipal sales factor multiplied by one-third, and subtracting	52427
from the product so obtained any "municipal net operating loss	52428
carryforward from prior taxable years." If the denominator of one	52429
of the factors is zero, the remaining two factors each shall be	52430
multiplied by one-half instead of one-third; if the denominator of	52431
two of the factors is zero, the remaining factor shall be	52432
multiplied by one. In calculating the "municipal net operating	52433
loss carryforward from prior taxable years" for each municipal	52434
corporation, net operating losses are apportioned in and out of a	52435
municipal corporation for the taxable year in which the net	52436
operating loss occurs in the same manner that positive net income	52437
would have been so apportioned. Any net operating loss for a	52438
municipal corporation may be applied to subsequent net income in	52439
that municipal corporation to reduce that income to zero or until	52440
the net operating loss has been fully used as a deduction. The	52441
unused portion of net operating losses for each taxable year	52442
apportioned to a municipal corporation may only be applied against	52443
the income apportioned to that municipal corporation for five	52444
subsequent taxable years. Net operating losses occurring in	52445
taxable years ending before 2002 may not be subtracted under this	52446
section.	52447

A taxpayer's municipal property, municipal payroll, and	52448
municipal sales factors for a municipal corporation shall be	52449
determined as provided in divisions (C)(1), (2), and (3) of this	52450
section.	52451

(1) The municipal property factor is the quotient obtained by	52452
dividing (a) the average value of real and tangible personal	52453
property owned or rented by the taxpayer and used in business in	52454
the municipal corporation during the taxable year by (b) the	52455
average value of all of the taxpayer's real and tangible personal	52456
property owned or rented and used in business during that taxable	52457
year in this state. The value and average value of such property	52458
shall be determined in the same manner provided in division (B)(1)	52459
of this section.	52460

(2) The municipal payroll factor is the quotient obtained by	52461
dividing (a) the total amount of compensation earned in the	52462
municipal corporation by the taxpayer's employees during the	52463
taxable year for services performed for the taxpayer and that is	52464
subject to income tax withholding by the municipal corporation by	52465
(b) the total amount of compensation paid by the taxpayer to its	52466
employees in this state during the taxable year. Compensation has	52467
the same meaning as in division (B)(2) of this section.	52468

(3) The municipal sales factor is a fraction, the numerator	52469
of which is the taxpayer's total sales in a municipal corporation	52470
during the taxable year, and the denominator of which is the	52471
taxpayer's total sales in this state during such year.	52472

For the purpose of division (C)(3) of this section, sales of	52473
tangible personal property are in the municipal corporation where	52474
such property is received in the municipal corporation by the	52475
purchaser. Sales of electricity directly to the ~~consumer~~customer,	52476
as defined in section 5733.059 of the Revised Code, shall be	52477
considered sales of tangible personal property. In the case of the	52478
delivery of tangible personal property by common carrier or by	52479
other means of transportation, the place at which such property	52480
ultimately is received after all transportation has been completed	52481
shall be considered as the place at which the property is received	52482
by the purchaser. Direct delivery in the municipal corporation,	52483
other than for purposes of transportation, to a person or firm	52484
designated by a purchaser constitutes delivery to the purchaser in	52485
that municipal corporation, and direct delivery outside the	52486
municipal corporation to a person or firm designated by a	52487
purchaser does not constitute delivery to the purchaser in that	52488
municipal corporation, regardless of where title passes or other	52489
conditions of sale. Sales, other than sales of tangible personal	52490
property, are in the municipal corporation if either:	52491

(a) The income-producing activity is performed solely in the	52492
municipal corporation;	52493

(b) The income-producing activity is performed both within	52494
and without the municipal corporation and a greater proportion of	52495
the income-producing activity is performed within that municipal	52496
corporation than any other location in this state, based on costs	52497
of performance.	52498

For the purposes of division (C)(3) of this section, the tax	52499
commissioner may adopt rules to apportion sales within each	52500
municipal corporation.	52501

(D) If a taxpayer is a combined company as defined in section	52502
5727.01 of the Revised Code, the municipal property, payroll, and	52503
sales factors under division (C) of this section shall be adjusted	52504
as follows:	52505

(1) The numerator of the municipal property factor shall	52506
include only the value, as determined under division (C)(1) of	52507
this section, of the company's real and tangible property in the	52508
municipal corporation attributed to the company's activity as an	52509
electric company using the same methodology prescribed under	52510
section 5727.03 of the Revised Code for taxable tangible personal	52511
property.	52512

(2) The numerator of the municipal payroll factor shall	52513
include only compensation paid in the municipal corporation by the	52514
company to its employees for personal services rendered in the	52515
company's activity as an electric company.	52516

(3) The numerator of the municipal sales factor shall include	52517
only the sales of tangible personal property and services, as	52518
determined under division (C)(3) of this section, made in the	52519
municipal corporation in the course of the company's activity as	52520
an electric company.	52521

(E)(1) If the provisions for apportioning adjusted federal	52522
taxable income or Ohio net income under divisions (B), (C), and	52523
(D) of this section do not fairly represent business activity in	52524
this state or among municipal corporations, the tax commissioner	52525
may adopt rules for apportioning such income by an alternative	52526
method that fairly represents business activity in this state or	52527
among municipal corporations.	52528

(2) If any of the factors determined under division (B), (C),	52529
or (D) of this section does not fairly represent the extent of a	52530
taxpayer's business activity in this state or among municipal	52531
corporations, the taxpayer may request, or the tax commissioner	52532
may require, that the taxpayer's adjusted federal taxable income	52533
or Ohio net income be determined by an alternative method,	52534
including any of the alternative methods enumerated in division	52535
(B)(2)(d) of section 5733.05 of the Revised Code. A taxpayer	52536
requesting an alternative method shall make the request in writing	52537
to the tax commissioner either with the annual report, a timely	52538
filed amended report, or a timely filed petition for reassessment.	52539
When the tax commissioner requires or permits an alternative	52540
method under division (E)(2) of this section, the tax commissioner	52541
shall cause a written notice to that effect to be delivered to any	52542
municipal corporation that would be affected by application of the	52543
alternative method. Nothing in this division shall be construed	52544
to extend any statute of limitations under this chapter.	52545

(F)(1) The tax commissioner may adopt rules providing for the	52546
combination of adjusted federal taxable incomes of taxpayers	52547
satisfying the ownership or control requirements of section	52548
5733.052 of the Revised Code if the tax commissioner finds that	52549
such combinations are necessary to properly reflect adjusted	52550
federal taxable income, Ohio net income, or the portion of Ohio	52551
net income to be taxable by municipal corporations.	52552

(2) A taxpayer satisfying the ownership or control	52553
requirements of section 5733.052 of the Revised Code with respect	52554
to one or more other taxpayers may not combine their adjusted	52555
federal taxable incomes for the purposes of this section unless	52556
rules are adopted under division (F)(1) of this section allowing	52557
such a combination or the tax commissioner finds that such a	52558
combination is necessary to properly reflect the taxpayers'	52559
adjusted federal taxable incomes, Ohio net incomes, or the portion	52560
of Ohio net incomes to be subject to taxation within a municipal	52561
corporation.	52562

(G) The tax commissioner may adopt rules providing for	52563
alternative apportionment methods for a telephone company.	52564

Sec. 5745.05. (A) Prior to the first day of March, June,	52565
September, and December, the tax commissioner shall certify to the	52566
director of budget and management the amount to be paid to each	52567
municipal corporation, as indicated on the declaration of	52568
estimated tax reports and annual reports received under sections	52569
5745.03 and 5745.04 of the Revised Code, less any amounts	52570
previously distributed and net of any audit adjustments made by	52571
the tax commissioner. Not later than the first day of March, June,	52572
September, and December, the director of budget and management	52573
shall provide for payment of the amount certified to each	52574
municipal corporation from the municipal income tax fund, plus a	52575
pro rata share of any investment earnings accruing to the fund	52576
since the previous payment under this section apportioned among	52577
municipal corporations entitled to such payments in proportion to	52578
the amount certified by the tax commissioner.	52579

(B) If the tax commissioner determines that the amount of tax	52580
paid by a taxpayer and distributed to a municipal corporation	52581
under this section for a taxable year exceeds the amount payable	52582
to that municipal corporation under this chapter after accounting	52583
for amounts remitted with the annual report and as estimated	52584
taxes, the tax commissioner shall permit the taxpayer to credit	52585
the excess against the taxpayer's payments to the municipal	52586
corporation of estimated taxes remitted for an ensuing taxable	52587
year under section 5745.04 of the Revised Code. If, upon the	52588
written request of the taxpayer, the tax commissioner determines	52589
that the excess to be so credited is likely to exceed the amount	52590
of estimated taxes payable by the taxpayer to the municipal	52591
corporation during the ensuing twelve months, the tax commissioner	52592
shall so notify the municipal corporation and the municipal	52593
corporation shall issue a refund of the excess to the taxpayer	52594
within ninety days after receiving such a notice. Interest shall	52595
accrue on the amount to be refunded and is payable to the taxpayer	52596
at the rate per annum prescribed by section 5703.47 of the Revised	52597
Code from the ninety-first day after the notice is received by the	52598
municipal corporation until the day the refund is paid.	52599
Immediately after notifying a municipal corporation under this	52600
division of an excess to be refunded, the commissioner also shall	52601
notify the director of budget and management of the amount of the	52602
excess, and the director shall transfer from the municipal income	52603
tax administrative fund to the municipal income tax fund one and	52604
one-half per cent of the amount of the excess. The commissioner	52605
shall include the transferred amount in the computation of the	52606
amount due the municipal corporation in the next certification to	52607
the director under division (A) of this section.	52608

Sec. 5745.13. If, upon examination of any books, records,	52609
reports, or other documents of a taxpayer, the tax commissioner	52610
determines that an adjustment shall be made in the portion of the	52611
taxpayer's income that is to be apportioned to a municipal	52612
corporation, the tax commissioner shall notify the taxpayer and,	52613
if the adjustment causes an adjustment in the taxpayer's tax owed	52614
to a municipal corporation for the taxpayer's taxable year of more	52615
than five hundred dollars, shall notify ~~each affected~~that	52616
municipal corporation that the taxpayer's tax has been adjusted.	52617

Any municipal corporation to which such a notice is issued	52618
may request a review and redetermination of the taxpayer's federal	52619
taxable income, Ohio net income, or the portion of Ohio net income	52620
apportioned to the municipal corporation by filing a petition with	52621
the tax commissioner not later than sixty days after the tax	52622
commissioner issues the notice. The petition shall be filed either	52623
personally or by certified mail, and shall indicate the objections	52624
of the municipal corporation.	52625

Upon receiving such a petition, if a hearing is requested the	52626
tax commissioner shall assign a time and place for a hearing on	52627
the petition and shall notify the petitioner of the time and place	52628
of the hearing by ordinary mail. The tax commissioner may continue	52629
the hearing from time to time as necessary. The tax commissioner	52630
shall make any correction to the taxpayer's federal taxable	52631
income, Ohio net income, or apportionment of Ohio net income that	52632
the commissioner finds proper, and issue notice of any correction	52633
by ordinary mail to the petitioner, to each other municipal	52634
corporation affected by the correction of the apportionment, and	52635
to the taxpayer. The tax commissioner's decision on the matter is	52636
final, and is not subject to further appeal.	52637

Sec. 5747.01. Except as otherwise expressly provided or	52638
clearly appearing from the context, any term used in this chapter	52639
that is not otherwise defined in this section has the same meaning	52640
as when used in a comparable context in the laws of the United	52641
States relating to federal income taxes or if not used in a	52642
comparable context in those laws, has the same meaning as in	52643
section 5733.40 of the Revised Code. Any reference in this chapter	52644
to the Internal Revenue Code includes other laws of the United	52645
States relating to federal income taxes.	52646

As used in this chapter:

52647

(A) "Adjusted gross income" or "Ohio adjusted gross income"	52648
means federal adjusted gross income, as defined and used in the	52649
Internal Revenue Code, adjusted as provided in this section:	52650

(1) Add interest or dividends on obligations or securities of	52651
any state or of any political subdivision or authority of any	52652
state, other than this state and its subdivisions and authorities.	52653

(2) Add interest or dividends on obligations of any	52654
authority, commission, instrumentality, territory, or possession	52655
of the United States to the extent that the interest or dividends	52656
are exempt from federal income taxes but not from state income	52657
taxes.	52658

(3) Deduct interest or dividends on obligations of the United	52659
States and its territories and possessions or of any authority,	52660
commission, or instrumentality of the United States to the extent	52661
that the interest or dividends are included in federal adjusted	52662
gross income but exempt from state income taxes under the laws of	52663
the United States.	52664

(4) Deduct disability and survivor's benefits to the extent	52665
included in federal adjusted gross income.	52666

(5) Deduct benefits under Title II of the Social Security Act	52667
and tier 1 railroad retirement benefits to the extent included in	52668
federal adjusted gross income under section 86 of the Internal	52669
Revenue Code.	52670

(6) In the case of a taxpayer who is a beneficiary of a trust	52671
that makes an accumulation distribution as defined in section 665	52672
of the Internal Revenue Code, add, for the beneficiary's taxable	52673
years beginning before 2002, the portion, if any, of such	52674
distribution that does not exceed the undistributed net income of	52675
the trust for the three taxable years preceding the taxable year	52676
in which the distribution is made to the extent that the portion	52677
was not included in the trust's taxable income for any of the	52678
trust's taxable years beginning in 2002 or thereafter.	52679
"Undistributed net income of a trust" means the taxable income of	52680
the trust increased by (a)(i) the additions to adjusted gross	52681
income required under division (A) of this section and (ii) the	52682
personal exemptions allowed to the trust pursuant to section	52683
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	52684
deductions to adjusted gross income required under division (A) of	52685
this section, (ii) the amount of federal income taxes attributable	52686
to such income, and (iii) the amount of taxable income that has	52687
been included in the adjusted gross income of a beneficiary by	52688
reason of a prior accumulation distribution. Any undistributed net	52689
income included in the adjusted gross income of a beneficiary	52690
shall reduce the undistributed net income of the trust commencing	52691
with the earliest years of the accumulation period.	52692

(7) Deduct the amount of wages and salaries, if any, not	52693
otherwise allowable as a deduction but that would have been	52694
allowable as a deduction in computing federal adjusted gross	52695
income for the taxable year, had the targeted jobs credit allowed	52696
and determined under sections 38, 51, and 52 of the Internal	52697
Revenue Code not been in effect.	52698

(8) Deduct any interest or interest equivalent on public	52699
obligations and purchase obligations to the extent that the	52700
interest or interest equivalent is included in federal adjusted	52701
gross income.	52702

(9) Add any loss or deduct any gain resulting from the sale,	52703
exchange, or other disposition of public obligations to the extent	52704
that the loss has been deducted or the gain has been included in	52705
computing federal adjusted gross income.	52706

(10) Deduct or add amounts, as provided under section	52707
5747.70 of the Revised Code, related to contributions to variable	52708
college savings program accounts made or tuition units purchased	52709
pursuant to Chapter 3334. of the Revised Code.	52710

(11)(a) Deduct, to the extent not otherwise allowable as a	52711
deduction or exclusion in computing federal or Ohio adjusted gross	52712
income for the taxable year, the amount the taxpayer paid during	52713
the taxable year for medical care insurance and qualified	52714
long-term care insurance for the taxpayer, the taxpayer's spouse,	52715
and dependents. No deduction for medical care insurance under	52716
division (A)(11) of this section shall be allowed either to any	52717
taxpayer who is eligible to participate in any subsidized health	52718
plan maintained by any employer of the taxpayer or of the	52719
taxpayer's spouse, or to any taxpayer who is entitled to, or on	52720
application would be entitled to, benefits under part A of Title	52721
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	52722
301, as amended. For the purposes of division (A)(11)(a) of this	52723
section, "subsidized health plan" means a health plan for which	52724
the employer pays any portion of the plan's cost. The deduction	52725
allowed under division (A)(11)(a) of this section shall be the net	52726
of any related premium refunds, related premium reimbursements, or	52727
related insurance premium dividends received during the taxable	52728
year.	52729

(b) Deduct, to the extent not otherwise deducted or excluded	52730
in computing federal or Ohio adjusted gross income during the	52731
taxable year, the amount the taxpayer paid during the taxable	52732
year, not compensated for by any insurance or otherwise, for	52733
medical care of the taxpayer, the taxpayer's spouse, and	52734
dependents, to the extent the expenses exceed seven and one-half	52735
per cent of the taxpayer's federal adjusted gross income.	52736

(c) For purposes of division (A)(11) of this section,	52737
"medical care" has the meaning given in section 213 of the	52738
Internal Revenue Code, subject to the special rules, limitations,	52739
and exclusions set forth therein, and "qualified long-term care"	52740
has the same meaning given in section 7702B(c) of the Internal	52741
Revenue Code.	52742

(12)(a) Deduct any amount included in federal adjusted gross	52743
income solely because the amount represents a reimbursement or	52744
refund of expenses that in any year the taxpayer had deducted as	52745
an itemized deduction pursuant to section 63 of the Internal	52746
Revenue Code and applicable United States department of the	52747
treasury regulations. The deduction otherwise allowed under	52748
division (A)(12)(a) of this section shall be reduced to the extent	52749
the reimbursement is attributable to an amount the taxpayer	52750
deducted under this section in any taxable year.	52751

(b) Add any amount not otherwise included in Ohio adjusted	52752
gross income for any taxable year to the extent that the amount is	52753
attributable to the recovery during the taxable year of any amount	52754
deducted or excluded in computing federal or Ohio adjusted gross	52755
income in any taxable year.	52756

(13) Deduct any portion of the deduction described in section	52757
1341(a)(2) of the Internal Revenue Code, for repaying previously	52758
reported income received under a claim of right, that meets both	52759
of the following requirements:	52760

(a) It is allowable for repayment of an item that was	52761
included in the taxpayer's adjusted gross income for a prior	52762
taxable year and did not qualify for a credit under division (A)	52763
or (B) of section 5747.05 of the Revised Code for that year;	52764

(b) It does not otherwise reduce the taxpayer's adjusted	52765
gross income for the current or any other taxable year.	52766

(14) Deduct an amount equal to the deposits made to, and net	52767
investment earnings of, a medical savings account during the	52768
taxable year, in accordance with section 3924.66 of the Revised	52769
Code. The deduction allowed by division (A)(14) of this section	52770
does not apply to medical savings account deposits and earnings	52771
otherwise deducted or excluded for the current or any other	52772
taxable year from the taxpayer's federal adjusted gross income.	52773

(15)(a) Add an amount equal to the funds withdrawn from a	52774
medical savings account during the taxable year, and the net	52775
investment earnings on those funds, when the funds withdrawn were	52776
used for any purpose other than to reimburse an account holder	52777
for, or to pay, eligible medical expenses, in accordance with	52778
section 3924.66 of the Revised Code;	52779

(b) Add the amounts distributed from a medical savings	52780
account under division (A)(2) of section 3924.68 of the Revised	52781
Code during the taxable year.	52782

(16) Add any amount claimed as a credit under section	52783
5747.059 of the Revised Code to the extent that such amount	52784
satisfies either of the following:	52785

(a) The amount was deducted or excluded from the computation	52786
of the taxpayer's federal adjusted gross income as required to be	52787
reported for the taxpayer's taxable year under the Internal	52788
Revenue Code;	52789

(b) The amount resulted in a reduction of the taxpayer's	52790
federal adjusted gross income as required to be reported for any	52791
of the taxpayer's taxable years under the Internal Revenue Code.	52792

(17) Deduct the amount contributed by the taxpayer to an	52793
individual development account program established by a county	52794
department of job and family services pursuant to sections 329.11	52795
to 329.14 of the Revised Code for the purpose of matching funds	52796
deposited by program participants. On request of the tax	52797
commissioner, the taxpayer shall provide any information that, in	52798
the tax commissioner's opinion, is necessary to establish the	52799
amount deducted under division (A)(17) of this section.	52800

(18) Beginning in taxable year 2001 but not for any taxable	52801
year beginning after December 31, 2005, if the taxpayer is married	52802
and files a joint return and the combined federal adjusted gross	52803
income of the taxpayer and the taxpayer's spouse for the taxable	52804
year does not exceed one hundred thousand dollars, or if the	52805
taxpayer is single and has a federal adjusted gross income for the	52806
taxable year not exceeding fifty thousand dollars, deduct amounts	52807
paid during the taxable year for qualified tuition and fees paid	52808
to an eligible institution for the taxpayer, the taxpayer's	52809
spouse, or any dependent of the taxpayer, who is a resident of	52810
this state and is enrolled in or attending a program that	52811
culminates in a degree or diploma at an eligible institution. The	52812
deduction may be claimed only to the extent that qualified tuition	52813
and fees are not otherwise deducted or excluded for any taxable	52814
year from federal or Ohio adjusted gross income. The deduction may	52815
not be claimed for educational expenses for which the taxpayer	52816
claims a credit under section 5747.27 of the Revised Code.	52817

(19) Add any reimbursement received during the taxable year	52818
of any amount the taxpayer deducted under division (A)(18) of this	52819
section in any previous taxable year to the extent the amount is	52820
not otherwise included in Ohio adjusted gross income.	52821

(20)(a)(i) Add five-sixths of the amount of depreciation	52822
expense allowed by subsection (k) of section 168 of the Internal	52823
Revenue Code, including the taxpayer's proportionate or	52824
distributive share of the amount of depreciation expense allowed	52825
by that subsection to a pass-through entity in which the taxpayer	52826
has a direct or indirect ownership interest.	52827

(ii) Add five-sixths of the amount of qualifying section 179	52828
depreciation expense, including a person's proportionate or	52829
distributive share of the amount of qualifying section 179	52830
depreciation expense allowed to any pass-through entity in which	52831
the person has a direct or indirect ownership. For the purposes of	52832
this division, "qualifying section 179 depreciation expense" means	52833
the difference between (I) the amount of depreciation expense	52834
directly or indirectly allowed to the taxpayer under section 179	52835
of the Internal Revenue Code, and (II) the amount of depreciation	52836
expense directly or indirectly allowed to the taxpayer under	52837
section 179 of the Internal Revenue Code as that section existed	52838
on December 31, 2002.	52839

The tax commissioner, under procedures established by the	52840
commissioner, may waive the add-backs related to a pass-through	52841
entity if the taxpayer owns, directly or indirectly, less than	52842
five per cent of the pass-through entity.	52843

(b) Nothing in division (A)(20) of this section shall be	52844
construed to adjust or modify the adjusted basis of any asset.	52845

(c) To the extent the add-back required under division	52846
(A)(20)(a) of this section is attributable to property generating	52847
nonbusiness income or loss allocated under section 5747.20 of the	52848
Revised Code, the add-back shall be sitused to the same location	52849
as the nonbusiness income or loss generated by the property for	52850
the purpose of determining the credit under division (A) of	52851
section 5747.05 of the Revised Code. Otherwise, the add-back shall	52852
be apportioned, subject to one or more of the four alternative	52853
methods of apportionment enumerated in section 5747.21 of the	52854
Revised Code.	52855

(d) For the purposes of division (A) of this section, net	52856
operating loss carryback and carryforward shall not include	52857
five-sixths of the allowance of any net operating loss deduction	52858
carryback or carryforward to the taxable year to the extent such	52859
loss resulted from depreciation allowed by section 168(k) of the	52860
Internal Revenue Code and by the qualifying section 179	52861
depreciation expense amount.	52862

(21)(a) If the taxpayer was required to add an amount under	52863
division (A)(20)(a) of this section for a taxable year, deduct	52864
one-fifth of the amount so added for each of the five succeeding	52865
taxable years.	52866

(b) If the amount deducted under division (A)(21)(a) of this	52867
section is attributable to an add-back allocated under division	52868
(A)(20)(c) of this section, the amount deducted shall be sitused	52869
to the same location. Otherwise, the add-back shall be apportioned	52870
using the apportionment factors for the taxable year in which the	52871
deduction is taken, subject to one or more of the four alternative	52872
methods of apportionment enumerated in section 5747.21 of the	52873
Revised Code.	52874

(c) No deduction is available under division (A)(21)(a) of	52875
this section with regard to any depreciation allowed by section	52876
168(k) of the Internal Revenue Code and by the qualifying section	52877
179 depreciation expense amount to the extent that such	52878
depreciation resulted in or increased a federal net operating loss	52879
carryback or carryforward to a taxable year to which division	52880
(A)(20)(d) of this section does not apply.	52881

(22) Deduct, to the extent not otherwise deducted or excluded	52882
in computing federal or Ohio adjusted gross income for the taxable	52883
year, the amount the taxpayer received during the taxable year as	52884
reimbursement for life insurance premiums under section 5919.31 of	52885
the Revised Code.	52886

(23) Deduct, to the extent not otherwise deducted or excluded	52887
in computing federal or Ohio adjusted gross income for the taxable	52888
year, the amount the taxpayer received during the taxable year as	52889
a death benefit paid by the adjutant general under section 5919.33	52890
of the Revised Code.	52891

(24) Deduct, to the extent included in federal adjusted gross	52892
income and not otherwise allowable as a deduction or exclusion in	52893
computing federal or Ohio adjusted gross income for the taxable	52894
year, military pay and allowances received by the taxpayer during	52895
the taxable year for active duty service in the United States	52896
army, air force, navy, marine corps, or coast guard or reserve	52897
components thereof or the national guard. The deduction may not be	52898
claimed for military pay and allowances received by the taxpayer	52899
while the taxpayer is stationed in this state.	52900

(25) Deduct, to the extent not otherwise allowable as a	52901
deduction or exclusion in computing federal or Ohio adjusted gross	52902
income for the taxable year and not otherwise compensated for by	52903
any other source, the amount of qualified organ donation expenses	52904
incurred by the taxpayer during the taxable year, not to exceed	52905
ten thousand dollars. A taxpayer may deduct qualified organ	52906
donation expenses only once for all taxable years beginning with	52907
taxable years beginning in 2007.	52908

For the purposes of division (A)(25) of this section:

52909

(a) "Human organ" means all or any portion of a human liver,	52910
pancreas, kidney, intestine, or lung, and any portion of human	52911
bone marrow.	52912

(b) "Qualified organ donation expenses" means travel	52913
expenses, lodging expenses, and wages and salary foregone by a	52914
taxpayer in connection with the taxpayer's donation, while living,	52915
of one or more of the taxpayer's human organs to another human	52916
being.	52917

(B) "Business income" means income, including gain or loss,	52918
arising from transactions, activities, and sources in the regular	52919
course of a trade or business and includes income, gain, or loss	52920
from real property, tangible property, and intangible property if	52921
the acquisition, rental, management, and disposition of the	52922
property constitute integral parts of the regular course of a	52923
trade or business operation. "Business income" includes income,	52924
including gain or loss, from a partial or complete liquidation of	52925
a business, including, but not limited to, gain or loss from the	52926
sale or other disposition of goodwill.	52927

(C) "Nonbusiness income" means all income other than business	52928
income and may include, but is not limited to, compensation, rents	52929
and royalties from real or tangible personal property, capital	52930
gains, interest, dividends and distributions, patent or copyright	52931
royalties, or lottery winnings, prizes, and awards.	52932

(D) "Compensation" means any form of remuneration paid to an	52933
employee for personal services.	52934

(E) "Fiduciary" means a guardian, trustee, executor,	52935
administrator, receiver, conservator, or any other person acting	52936
in any fiduciary capacity for any individual, trust, or estate.	52937

(F) "Fiscal year" means an accounting period of twelve months	52938
ending on the last day of any month other than December.	52939

(G) "Individual" means any natural person.

52940

(H) "Internal Revenue Code" means the "Internal Revenue Code	52941
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	52942

(I) "Resident" means any of the following, provided that	52943
division (I)(3) of this section applies only to taxable years of a	52944
trust beginning in 2002 or thereafter:	52945

(1) An individual who is domiciled in this state, subject to	52946
section 5747.24 of the Revised Code;	52947

(2) The estate of a decedent who at the time of death was	52948
domiciled in this state. The domicile tests of section 5747.24 of	52949
the Revised Code are not controlling for purposes of division	52950
(I)(2) of this section.	52951

(3) A trust that, in whole or part, resides in this state. If	52952
only part of a trust resides in this state, the trust is a	52953
resident only with respect to that part.	52954

For the purposes of division (I)(3) of this section:

52955

(a) A trust resides in this state for the trust's current	52956
taxable year to the extent, as described in division (I)(3)(d) of	52957
this section, that the trust consists directly or indirectly, in	52958
whole or in part, of assets, net of any related liabilities, that	52959
were transferred, or caused to be transferred, directly or	52960
indirectly, to the trust by any of the following:	52961

(i) A person, a court, or a governmental entity or	52962
instrumentality on account of the death of a decedent, but only if	52963
the trust is described in division (I)(3)(e)(i) or (ii) of this	52964
section;	52965

(ii) A person who was domiciled in this state for the	52966
purposes of this chapter when the person directly or indirectly	52967
transferred assets to an irrevocable trust, but only if at least	52968
one of the trust's qualifying beneficiaries is domiciled in this	52969
state for the purposes of this chapter during all or some portion	52970
of the trust's current taxable year;	52971

(iii) A person who was domiciled in this state for the	52972
purposes of this chapter when the trust document or instrument or	52973
part of the trust document or instrument became irrevocable, but	52974
only if at least one of the trust's qualifying beneficiaries is a	52975
resident domiciled in this state for the purposes of this chapter	52976
during all or some portion of the trust's current taxable year. If	52977
a trust document or instrument became irrevocable upon the death	52978
of a person who at the time of death was domiciled in this state	52979
for purposes of this chapter, that person is a person described in	52980
division (I)(3)(a)(iii) of this section.	52981

(b) A trust is irrevocable to the extent that the transferor	52982
is not considered to be the owner of the net assets of the trust	52983
under sections 671 to 678 of the Internal Revenue Code.	52984

(c) With respect to a trust other than a charitable lead	52985
trust, "qualifying beneficiary" has the same meaning as "potential	52986
current beneficiary" as defined in section 1361(e)(2) of the	52987
Internal Revenue Code, and with respect to a charitable lead trust	52988
"qualifying beneficiary" is any current, future, or contingent	52989
beneficiary, but with respect to any trust "qualifying	52990
beneficiary" excludes a person or a governmental entity or	52991
instrumentality to any of which a contribution would qualify for	52992
the charitable deduction under section 170 of the Internal Revenue	52993
Code.	52994

(d) For the purposes of division (I)(3)(a) of this section,	52995
the extent to which a trust consists directly or indirectly, in	52996
whole or in part, of assets, net of any related liabilities, that	52997
were transferred directly or indirectly, in whole or part, to the	52998
trust by any of the sources enumerated in that division shall be	52999
ascertained by multiplying the fair market value of the trust's	53000
assets, net of related liabilities, by the qualifying ratio, which	53001
shall be computed as follows:	53002

(i) The first time the trust receives assets, the numerator	53003
of the qualifying ratio is the fair market value of those assets	53004
at that time, net of any related liabilities, from sources	53005
enumerated in division (I)(3)(a) of this section. The denominator	53006
of the qualifying ratio is the fair market value of all the	53007
trust's assets at that time, net of any related liabilities.	53008

(ii) Each subsequent time the trust receives assets, a	53009
revised qualifying ratio shall be computed. The numerator of the	53010
revised qualifying ratio is the sum of (1) the fair market value	53011
of the trust's assets immediately prior to the subsequent	53012
transfer, net of any related liabilities, multiplied by the	53013
qualifying ratio last computed without regard to the subsequent	53014
transfer, and (2) the fair market value of the subsequently	53015
transferred assets at the time transferred, net of any related	53016
liabilities, from sources enumerated in division (I)(3)(a) of this	53017
section. The denominator of the revised qualifying ratio is the	53018
fair market value of all the trust's assets immediately after the	53019
subsequent transfer, net of any related liabilities.	53020

(iii) Whether a transfer to the trust is by or from any of	53021
the sources enumerated in division (I)(3)(a) of this section shall	53022
be ascertained without regard to the domicile of the trust's	53023
beneficiaries.	53024

(e) For the purposes of division (I)(3)(a)(i) of this	53025
section:	53026

(i) A trust is described in division (I)(3)(e)(i) of this	53027
section if the trust is a testamentary trust and the testator of	53028
that testamentary trust was domiciled in this state at the time of	53029
the testator's death for purposes of the taxes levied under	53030
Chapter 5731. of the Revised Code.	53031

(ii) A trust is described in division (I)(3)(e)(ii) of this	53032
section if the transfer is a qualifying transfer described in any	53033
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	53034
irrevocable inter vivos trust, and at least one of the trust's	53035
qualifying beneficiaries is domiciled in this state for purposes	53036
of this chapter during all or some portion of the trust's current	53037
taxable year.	53038

(f) For the purposes of division (I)(3)(e)(ii) of this	53039
section, a "qualifying transfer" is a transfer of assets, net of	53040
any related liabilities, directly or indirectly to a trust, if the	53041
transfer is described in any of the following:	53042

(i) The transfer is made to a trust, created by the decedent	53043
before the decedent's death and while the decedent was domiciled	53044
in this state for the purposes of this chapter, and, prior to the	53045
death of the decedent, the trust became irrevocable while the	53046
decedent was domiciled in this state for the purposes of this	53047
chapter.	53048

(ii) The transfer is made to a trust to which the decedent,	53049
prior to the decedent's death, had directly or indirectly	53050
transferred assets, net of any related liabilities, while the	53051
decedent was domiciled in this state for the purposes of this	53052
chapter, and prior to the death of the decedent the trust became	53053
irrevocable while the decedent was domiciled in this state for the	53054
purposes of this chapter.	53055

(iii) The transfer is made on account of a contractual	53056
relationship existing directly or indirectly between the	53057
transferor and either the decedent or the estate of the decedent	53058
at any time prior to the date of the decedent's death, and the	53059
decedent was domiciled in this state at the time of death for	53060
purposes of the taxes levied under Chapter 5731. of the Revised	53061
Code.	53062

(iv) The transfer is made to a trust on account of a	53063
contractual relationship existing directly or indirectly between	53064
the transferor and another person who at the time of the	53065
decedent's death was domiciled in this state for purposes of this	53066
chapter.	53067

(v) The transfer is made to a trust on account of the will of	53068
a testator.	53069

(vi) The transfer is made to a trust created by or caused to	53070
be created by a court, and the trust was directly or indirectly	53071
created in connection with or as a result of the death of an	53072
individual who, for purposes of the taxes levied under Chapter	53073
5731. of the Revised Code, was domiciled in this state at the time	53074
of the individual's death.	53075

(g) The tax commissioner may adopt rules to ascertain the	53076
part of a trust residing in this state.	53077

(J) "Nonresident" means an individual or estate that is not a	53078
resident. An individual who is a resident for only part of a	53079
taxable year is a nonresident for the remainder of that taxable	53080
year.	53081

(K) "Pass-through entity" has the same meaning as in section	53082
5733.04 of the Revised Code.	53083

(L) "Return" means the notifications and reports required to	53084
be filed pursuant to this chapter for the purpose of reporting the	53085
tax due and includes declarations of estimated tax when so	53086
required.	53087

(M) "Taxable year" means the calendar year or the taxpayer's	53088
fiscal year ending during the calendar year, or fractional part	53089
thereof, upon which the adjusted gross income is calculated	53090
pursuant to this chapter.	53091

(N) "Taxpayer" means any person subject to the tax imposed by	53092
section 5747.02 of the Revised Code or any pass-through entity	53093
that makes the election under division (D) of section 5747.08 of	53094
the Revised Code.	53095

(O) "Dependents" means dependents as defined in the Internal	53096
Revenue Code and as claimed in the taxpayer's federal income tax	53097
return for the taxable year or which the taxpayer would have been	53098
permitted to claim had the taxpayer filed a federal income tax	53099
return.	53100

(P) "Principal county of employment" means, in the case of a	53101
nonresident, the county within the state in which a taxpayer	53102
performs services for an employer or, if those services are	53103
performed in more than one county, the county in which the major	53104
portion of the services are performed.	53105

(Q) As used in sections 5747.50 to 5747.55 of the Revised	53106
Code:	53107

(1) "Subdivision" means any county, municipal corporation,	53108
park district, or township.	53109

(2) "Essential local government purposes" includes all	53110
functions that any subdivision is required by general law to	53111
exercise, including like functions that are exercised under a	53112
charter adopted pursuant to the Ohio Constitution.	53113

(R) "Overpayment" means any amount already paid that exceeds	53114
the figure determined to be the correct amount of the tax.	53115

(S) "Taxable income" or "Ohio taxable income" applies only to	53116
estates and trusts, and means federal taxable income, as defined	53117
and used in the Internal Revenue Code, adjusted as follows:	53118

(1) Add interest or dividends, net of ordinary, necessary,	53119
and reasonable expenses not deducted in computing federal taxable	53120
income, on obligations or securities of any state or of any	53121
political subdivision or authority of any state, other than this	53122
state and its subdivisions and authorities, but only to the extent	53123
that such net amount is not otherwise includible in Ohio taxable	53124
income and is described in either division (S)(1)(a) or (b) of	53125
this section:	53126

(a) The net amount is not attributable to the S portion of an	53127
electing small business trust and has not been distributed to	53128
beneficiaries for the taxable year;	53129

(b) The net amount is attributable to the S portion of an	53130
electing small business trust for the taxable year.	53131

(2) Add interest or dividends, net of ordinary, necessary,	53132
and reasonable expenses not deducted in computing federal taxable	53133
income, on obligations of any authority, commission,	53134
instrumentality, territory, or possession of the United States to	53135
the extent that the interest or dividends are exempt from federal	53136
income taxes but not from state income taxes, but only to the	53137
extent that such net amount is not otherwise includible in Ohio	53138
taxable income and is described in either division (S)(1)(a) or	53139
(b) of this section;	53140

(3) Add the amount of personal exemption allowed to the	53141
estate pursuant to section 642(b) of the Internal Revenue Code;	53142

(4) Deduct interest or dividends, net of related expenses	53143
deducted in computing federal taxable income, on obligations of	53144
the United States and its territories and possessions or of any	53145
authority, commission, or instrumentality of the United States to	53146
the extent that the interest or dividends are exempt from state	53147
taxes under the laws of the United States, but only to the extent	53148
that such amount is included in federal taxable income and is	53149
described in either division (S)(1)(a) or (b) of this section;	53150

(5) Deduct the amount of wages and salaries, if any, not	53151
otherwise allowable as a deduction but that would have been	53152
allowable as a deduction in computing federal taxable income for	53153
the taxable year, had the targeted jobs credit allowed under	53154
sections 38, 51, and 52 of the Internal Revenue Code not been in	53155
effect, but only to the extent such amount relates either to	53156
income included in federal taxable income for the taxable year or	53157
to income of the S portion of an electing small business trust for	53158
the taxable year;	53159

(6) Deduct any interest or interest equivalent, net of	53160
related expenses deducted in computing federal taxable income, on	53161
public obligations and purchase obligations, but only to the	53162
extent that such net amount relates either to income included in	53163
federal taxable income for the taxable year or to income of the S	53164
portion of an electing small business trust for the taxable year;	53165

(7) Add any loss or deduct any gain resulting from sale,	53166
exchange, or other disposition of public obligations to the extent	53167
that such loss has been deducted or such gain has been included in	53168
computing either federal taxable income or income of the S portion	53169
of an electing small business trust for the taxable year;	53170

(8) Except in the case of the final return of an estate, add	53171
any amount deducted by the taxpayer on both its Ohio estate tax	53172
return pursuant to section 5731.14 of the Revised Code, and on its	53173
federal income tax return in determining federal taxable income;	53174

(9)(a) Deduct any amount included in federal taxable income	53175
solely because the amount represents a reimbursement or refund of	53176
expenses that in a previous year the decedent had deducted as an	53177
itemized deduction pursuant to section 63 of the Internal Revenue	53178
Code and applicable treasury regulations. The deduction otherwise	53179
allowed under division (S)(9)(a) of this section shall be reduced	53180
to the extent the reimbursement is attributable to an amount the	53181
taxpayer or decedent deducted under this section in any taxable	53182
year.	53183

(b) Add any amount not otherwise included in Ohio taxable	53184
income for any taxable year to the extent that the amount is	53185
attributable to the recovery during the taxable year of any amount	53186
deducted or excluded in computing federal or Ohio taxable income	53187
in any taxable year, but only to the extent such amount has not	53188
been distributed to beneficiaries for the taxable year.	53189

(10) Deduct any portion of the deduction described in section	53190
1341(a)(2) of the Internal Revenue Code, for repaying previously	53191
reported income received under a claim of right, that meets both	53192
of the following requirements:	53193

(a) It is allowable for repayment of an item that was	53194
included in the taxpayer's taxable income or the decedent's	53195
adjusted gross income for a prior taxable year and did not qualify	53196
for a credit under division (A) or (B) of section 5747.05 of the	53197
Revised Code for that year.	53198

(b) It does not otherwise reduce the taxpayer's taxable	53199
income or the decedent's adjusted gross income for the current or	53200
any other taxable year.	53201

(11) Add any amount claimed as a credit under section	53202
5747.059 of the Revised Code to the extent that the amount	53203
satisfies either of the following:	53204

(a) The amount was deducted or excluded from the computation	53205
of the taxpayer's federal taxable income as required to be	53206
reported for the taxpayer's taxable year under the Internal	53207
Revenue Code;	53208

(b) The amount resulted in a reduction in the taxpayer's	53209
federal taxable income as required to be reported for any of the	53210
taxpayer's taxable years under the Internal Revenue Code.	53211

(12) Deduct any amount, net of related expenses deducted in	53212
computing federal taxable income, that a trust is required to	53213
report as farm income on its federal income tax return, but only	53214
if the assets of the trust include at least ten acres of land	53215
satisfying the definition of "land devoted exclusively to	53216
agricultural use" under section 5713.30 of the Revised Code,	53217
regardless of whether the land is valued for tax purposes as such	53218
land under sections 5713.30 to 5713.38 of the Revised Code. If the	53219
trust is a pass-through entity investor, section 5747.231 of the	53220
Revised Code applies in ascertaining if the trust is eligible to	53221
claim the deduction provided by division (S)(12) of this section	53222
in connection with the pass-through entity's farm income.	53223

Except for farm income attributable to the S portion of an	53224
electing small business trust, the deduction provided by division	53225
(S)(12) of this section is allowed only to the extent that the	53226
trust has not distributed such farm income. Division (S)(12) of	53227
this section applies only to taxable years of a trust beginning in	53228
2002 or thereafter.	53229

(13) Add the net amount of income described in section 641(c)	53230
of the Internal Revenue Code to the extent that amount is not	53231
included in federal taxable income.	53232

(14) Add or deduct the amount the taxpayer would be required	53233
to add or deduct under division (A)(20) or (21) of this section if	53234
the taxpayer's Ohio taxable income were computed in the same	53235
manner as an individual's Ohio adjusted gross income is computed	53236
under this section. In the case of a trust, division (S)(14) of	53237
this section applies only to any of the trust's taxable years	53238
beginning in 2002 or thereafter.	53239

(T) "School district income" and "school district income tax"	53240
have the same meanings as in section 5748.01 of the Revised Code.	53241

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	53242
of this section, "public obligations," "purchase obligations," and	53243
"interest or interest equivalent" have the same meanings as in	53244
section 5709.76 of the Revised Code.	53245

(V) "Limited liability company" means any limited liability	53246
company formed under Chapter 1705. of the Revised Code or under	53247
the laws of any other state.	53248

(W) "Pass-through entity investor" means any person who,	53249
during any portion of a taxable year of a pass-through entity, is	53250
a partner, member, shareholder, or equity investor in that	53251
pass-through entity.	53252

(X) "Banking day" has the same meaning as in section 1304.01	53253
of the Revised Code.	53254

(Y) "Month" means a calendar month.

53255

(Z) "Quarter" means the first three months, the second three	53256
months, the third three months, or the last three months of the	53257
taxpayer's taxable year.	53258

(AA)(1) "Eligible institution" means a state university or	53259
state institution of higher education as defined in section	53260
3345.011 of the Revised Code, or a private, nonprofit college,	53261
university, or other post-secondary institution located in this	53262
state that possesses a certificate of authorization issued by the	53263
Ohio board of regents pursuant to Chapter 1713. of the Revised	53264
Code or a certificate of registration issued by the state board of	53265
career colleges and schools under Chapter 3332. of the Revised	53266
Code.	53267

(2) "Qualified tuition and fees" means tuition and fees	53268
imposed by an eligible institution as a condition of enrollment or	53269
attendance, not exceeding two thousand five hundred dollars in	53270
each of the individual's first two years of post-secondary	53271
education. If the individual is a part-time student, "qualified	53272
tuition and fees" includes tuition and fees paid for the academic	53273
equivalent of the first two years of post-secondary education	53274
during a maximum of five taxable years, not exceeding a total of	53275
five thousand dollars. "Qualified tuition and fees" does not	53276
include:	53277

(a) Expenses for any course or activity involving sports,	53278
games, or hobbies unless the course or activity is part of the	53279
individual's degree or diploma program;	53280

(b) The cost of books, room and board, student activity fees,	53281
athletic fees, insurance expenses, or other expenses unrelated to	53282
the individual's academic course of instruction;	53283

(c) Tuition, fees, or other expenses paid or reimbursed	53284
through an employer, scholarship, grant in aid, or other	53285
educational benefit program.	53286

(BB)(1) "Modified business income" means the business income	53287
included in a trust's Ohio taxable income after such taxable	53288
income is first reduced by the qualifying trust amount, if any.	53289

(2) "Qualifying trust amount" of a trust means capital gains	53290
and losses from the sale, exchange, or other disposition of equity	53291
or ownership interests in, or debt obligations of, a qualifying	53292
investee to the extent included in the trust's Ohio taxable	53293
income, but only if the following requirements are satisfied:	53294

(a) The book value of the qualifying investee's physical	53295
assets in this state and everywhere, as of the last day of the	53296
qualifying investee's fiscal or calendar year ending immediately	53297
prior to the date on which the trust recognizes the gain or loss,	53298
is available to the trust.	53299

(b) The requirements of section 5747.011 of the Revised Code	53300
are satisfied for the trust's taxable year in which the trust	53301
recognizes the gain or loss.	53302

Any gain or loss that is not a qualifying trust amount is	53303
modified business income, qualifying investment income, or	53304
modified nonbusiness income, as the case may be.	53305

(3) "Modified nonbusiness income" means a trust's Ohio	53306
taxable income other than modified business income, other than the	53307
qualifying trust amount, and other than qualifying investment	53308
income, as defined in section 5747.012 of the Revised Code, to the	53309
extent such qualifying investment income is not otherwise part of	53310
modified business income.	53311

(4) "Modified Ohio taxable income" applies only to trusts,	53312
and means the sum of the amounts described in divisions (BB)(4)(a)	53313
to (c) of this section:	53314

(a) The fraction, calculated under section 5747.013, and	53315
applying section 5747.231 of the Revised Code, multiplied by the	53316
sum of the following amounts:	53317

(i) The trust's modified business income;

53318

(ii) The trust's qualifying investment income, as defined in	53319
section 5747.012 of the Revised Code, but only to the extent the	53320
qualifying investment income does not otherwise constitute	53321
modified business income and does not otherwise constitute a	53322
qualifying trust amount.	53323

(b) The qualifying trust amount multiplied by a fraction, the	53324
numerator of which is the sum of the book value of the qualifying	53325
investee's physical assets in this state on the last day of the	53326
qualifying investee's fiscal or calendar year ending immediately	53327
prior to the day on which the trust recognizes the qualifying	53328
trust amount, and the denominator of which is the sum of the book	53329
value of the qualifying investee's total physical assets	53330
everywhere on the last day of the qualifying investee's fiscal or	53331
calendar year ending immediately prior to the day on which the	53332
trust recognizes the qualifying trust amount. If, for a taxable	53333
year, the trust recognizes a qualifying trust amount with respect	53334
to more than one qualifying investee, the amount described in	53335
division (BB)(4)(b) of this section shall equal the sum of the	53336
products so computed for each such qualifying investee.	53337

(c)(i) With respect to a trust or portion of a trust that is	53338
a resident as ascertained in accordance with division (I)(3)(d) of	53339
this section, its modified nonbusiness income.	53340

(ii) With respect to a trust or portion of a trust that is	53341
not a resident as ascertained in accordance with division	53342
(I)(3)(d) of this section, the amount of its modified nonbusiness	53343
income satisfying the descriptions in divisions (B)(2) to (5) of	53344
section 5747.20 of the Revised Code, except as otherwise provided	53345
in division (BB)(4)(c)(ii) of this section. With respect to a	53346
trust or portion of a trust that is not a resident as ascertained	53347
in accordance with division (I)(3)(d) of this section, the trust's	53348
portion of modified nonbusiness income recognized from the sale,	53349
exchange, or other disposition of a debt interest in or equity	53350
interest in a section 5747.212 entity, as defined in section	53351
5747.212 of the Revised Code, without regard to division (A) of	53352
that section, shall not be allocated to this state in accordance	53353
with section 5747.20 of the Revised Code but shall be apportioned	53354
to this state in accordance with division (B) of section 5747.212	53355
of the Revised Code without regard to division (A) of that	53356
section.	53357

If the allocation and apportionment of a trust's income under	53358
divisions (BB)(4)(a) and (c) of this section do not fairly	53359
represent the modified Ohio taxable income of the trust in this	53360
state, the alternative methods described in division (C) of	53361
section 5747.21 of the Revised Code may be applied in the manner	53362
and to the same extent provided in that section.	53363

(5)(a) Except as set forth in division (BB)(5)(b) of this	53364
section, "qualifying investee" means a person in which a trust has	53365
an equity or ownership interest, or a person or unit of government	53366
the debt obligations of either of which are owned by a trust. For	53367
the purposes of division (BB)(2)(a) of this section and for the	53368
purpose of computing the fraction described in division (BB)(4)(b)	53369
of this section, all of the following apply:	53370

(i) If the qualifying investee is a member of a qualifying	53371
controlled group on the last day of the qualifying investee's	53372
fiscal or calendar year ending immediately prior to the date on	53373
which the trust recognizes the gain or loss, then "qualifying	53374
investee" includes all persons in the qualifying controlled group	53375
on such last day.	53376

(ii) If the qualifying investee, or if the qualifying	53377
investee and any members of the qualifying controlled group of	53378
which the qualifying investee is a member on the last day of the	53379
qualifying investee's fiscal or calendar year ending immediately	53380
prior to the date on which the trust recognizes the gain or loss,	53381
separately or cumulatively own, directly or indirectly, on the	53382
last day of the qualifying investee's fiscal or calendar year	53383
ending immediately prior to the date on which the trust recognizes	53384
the qualifying trust amount, more than fifty per cent of the	53385
equity of a pass-through entity, then the qualifying investee and	53386
the other members are deemed to own the proportionate share of the	53387
pass-through entity's physical assets which the pass-through	53388
entity directly or indirectly owns on the last day of the	53389
pass-through entity's calendar or fiscal year ending within or	53390
with the last day of the qualifying investee's fiscal or calendar	53391
year ending immediately prior to the date on which the trust	53392
recognizes the qualifying trust amount.	53393

(iii) For the purposes of division (BB)(5)(a)(iii) of this	53394
section, "upper level pass-through entity" means a pass-through	53395
entity directly or indirectly owning any equity of another	53396
pass-through entity, and "lower level pass-through entity" means	53397
that other pass-through entity.	53398

An upper level pass-through entity, whether or not it is also	53399
a qualifying investee, is deemed to own, on the last day of the	53400
upper level pass-through entity's calendar or fiscal year, the	53401
proportionate share of the lower level pass-through entity's	53402
physical assets that the lower level pass-through entity directly	53403
or indirectly owns on the last day of the lower level pass-through	53404
entity's calendar or fiscal year ending within or with the last	53405
day of the upper level pass-through entity's fiscal or calendar	53406
year. If the upper level pass-through entity directly and	53407
indirectly owns less than fifty per cent of the equity of the	53408
lower level pass-through entity on each day of the upper level	53409
pass-through entity's calendar or fiscal year in which or with	53410
which ends the calendar or fiscal year of the lower level	53411
pass-through entity and if, based upon clear and convincing	53412
evidence, complete information about the location and cost of the	53413
physical assets of the lower pass-through entity is not available	53414
to the upper level pass-through entity, then solely for purposes	53415
of ascertaining if a gain or loss constitutes a qualifying trust	53416
amount, the upper level pass-through entity shall be deemed as	53417
owning no equity of the lower level pass-through entity for each	53418
day during the upper level pass-through entity's calendar or	53419
fiscal year in which or with which ends the lower level	53420
pass-through entity's calendar or fiscal year. Nothing in division	53421
(BB)(5)(a)(iii) of this section shall be construed to provide for	53422
any deduction or exclusion in computing any trust's Ohio taxable	53423
income.	53424

(b) With respect to a trust that is not a resident for the	53425
taxable year and with respect to a part of a trust that is not a	53426
resident for the taxable year, "qualifying investee" for that	53427
taxable year does not include a C corporation if both of the	53428
following apply:	53429

(i) During the taxable year the trust or part of the trust	53430
recognizes a gain or loss from the sale, exchange, or other	53431
disposition of equity or ownership interests in, or debt	53432
obligations of, the C corporation.	53433

(ii) Such gain or loss constitutes nonbusiness income.

53434

(6) "Available" means information is such that a person is	53435
able to learn of the information by the due date plus extensions,	53436
if any, for filing the return for the taxable year in which the	53437
trust recognizes the gain or loss.	53438

(CC) "Qualifying controlled group" has the same meaning as in	53439
section 5733.04 of the Revised Code.	53440

(DD) "Related member" has the same meaning as in section	53441
5733.042 of the Revised Code.	53442

(EE)(1) For the purposes of division (EE) of this section:

53443

(a) "Qualifying person" means any person other than a	53444
qualifying corporation.	53445

(b) "Qualifying corporation" means any person classified for	53446
federal income tax purposes as an association taxable as a	53447
corporation, except either of the following:	53448

(i) A corporation that has made an election under subchapter	53449
S, chapter one, subtitle A, of the Internal Revenue Code for its	53450
taxable year ending within, or on the last day of, the investor's	53451
taxable year;	53452

(ii) A subsidiary that is wholly owned by any corporation	53453
that has made an election under subchapter S, chapter one,	53454
subtitle A of the Internal Revenue Code for its taxable year	53455
ending within, or on the last day of, the investor's taxable year.	53456

(2) For the purposes of this chapter, unless expressly stated	53457
otherwise, no qualifying person indirectly owns any asset directly	53458
or indirectly owned by any qualifying corporation.	53459

(FF) For purposes of this chapter and Chapter 5751. of the	53460
Revised Code:	53461

(1) "Trust" does not include a qualified pre-income tax	53462
trust.	53463

(2) A "qualified pre-income tax trust" is any pre-income tax	53464
trust that makes a qualifying pre-income tax trust election as	53465
described in division (FF)(3) of this section.	53466

(3) A "qualifying pre-income tax trust election" is an	53467
election by a pre-income tax trust to subject to the tax imposed	53468
by section 5751.02 of the Revised Code the pre-income tax trust	53469
and all pass-through entities of which the trust owns or controls,	53470
directly, indirectly, or constructively through related interests,	53471
five per cent or more of the ownership or equity interests. The	53472
trustee shall notify the tax commissioner in writing of the	53473
election on or before April 15, 2006. The election, if timely	53474
made, shall be effective on and after January 1, 2006, and shall	53475
apply for all tax periods and tax years until revoked by the	53476
trustee of the trust.	53477

(4) A "pre-income tax trust" is a trust that satisfies all of	53478
the following requirements:	53479

(a) The document or instrument creating the trust was	53480
executed by the grantor before January 1, 1972;	53481

(b) The trust became irrevocable upon the creation of the	53482
trust; and	53483

(c) The grantor was domiciled in this state at the time the	53484
trust was created.	53485

Sec. 5747.03. (A) All money collected under this chapter	53486
arising from the taxes imposed by section 5747.02 or 5747.41 of	53487
the Revised Code shall be credited to the general revenue fund,	53488
except that the treasurer of state shall:	53489

~~(1) Credit an amount equal to four and two-tenths per cent of~~	53490
~~those taxes collected under this chapter to the local government~~	53491
~~fund, which is hereby created in the state treasury, for~~	53492
~~distribution in accordance with section 5747.50 of the Revised~~	53493
~~Code;~~	53494

~~(2) Credit an amount equal to five and seven-tenths per cent~~	53495
~~of those taxes collected under this chapter to the library and~~	53496
~~local government support fund, which is hereby created in the~~	53497
~~state treasury, for distribution in accordance with section~~	53498
~~5747.47 of the Revised Code;~~	53499

~~(3) At~~, at the beginning of each calendar quarter, credit to	53500
the Ohio political party fund, pursuant to section 3517.16 of the	53501
Revised Code, an amount equal to the total dollar value realized	53502
from the taxpayer exercise of the income tax checkoff option on	53503
tax forms processed during the preceding calendar quarter;	53504

~~(4) Credit an amount equal to six-tenths of one per cent of~~	53505
~~those taxes collected under this chapter to the local government~~	53506
~~revenue assistance fund for distribution in accordance with~~	53507
~~section 5747.61 of the Revised Code~~.	53508

(B)(1) Following the crediting of moneys pursuant to division	53509
(A) of this section, the remainder deposited in the general	53510
revenue fund shall be distributed pursuant to division (F) of	53511
section 321.24 and section 323.156 of the Revised Code; to make	53512
subsidy payments to institutions of higher education from	53513
appropriations to the Ohio board of regents; to support	53514
expenditures for programs and services for the mentally ill,	53515
mentally retarded, developmentally disabled, and elderly; for	53516
primary and secondary education; for medical assistance; and for	53517
any other purposes authorized by law, subject to the limitation	53518
that at least fifty per cent of the income tax collected by the	53519
state from the tax imposed by section 5747.02 of the Revised Code	53520
shall be returned pursuant to Section 9 of Article XII, Ohio	53521
Constitution.	53522

(2) To ensure that such constitutional requirement is	53523
satisfied the tax commissioner shall, on or before the thirtieth	53524
day of June of each year, from the best information available to	53525
the tax commissioner, determine and certify for each county to the	53526
director of budget and management the amount of taxes collected	53527
under this chapter from the tax imposed under section 5747.02 of	53528
the Revised Code during the preceding calendar year that are	53529
required to be returned to the county by Section 9 of Article XII,	53530
Ohio Constitution. The director shall provide for payment from the	53531
general revenue fund to the county in the amount, if any, that the	53532
sum of the amount so certified for that county exceeds the sum of	53533
the following:	53534

(a) The sum of the payments from the general revenue fund for	53535
the preceding calendar year credited to the ~~credit of the~~ county's	53536
undivided income tax fund pursuant to division (F) of section	53537
321.24 and section 323.156 of the Revised Code or made directly	53538
from the general revenue fund to political subdivisions located in	53539
the county;	53540

(b) The sum of the amounts from the general revenue fund	53541
distributed in the county during the preceding calendar year for	53542
subsidy payments to institutions of higher education from	53543
appropriations to the Ohio board of regents; for programs and	53544
services for mentally ill, mentally retarded, developmentally	53545
disabled, and elderly persons; for primary and secondary	53546
education; and for medical assistance.	53547

(c) ~~The~~In the case of payments made by the director under	53548
this division in 2007, the total amount distributed to the county	53549
during the preceding calendar year from the local government fund	53550
and the local government revenue assistance fund, and, in the case	53551
of payments made by the director under this division in subsequent	53552
calendar years, the amount distributed to the county from the	53553
local government fund;	53554

(d) ~~The~~In the case of payments made by the director under	53555
this division, the total amount distributed to the county during	53556
the preceding calendar year from the library and local government	53557
support fund;	53558

~~(e) The amount distributed to the county during the preceding~~	53559
~~calendar year from the local government revenue assistance fund~~.	53560

Payments under this division shall be credited to the	53561
county's undivided income tax fund, except that, notwithstanding	53562
section 5705.14 of the Revised Code, such payments may be	53563
transferred by the board of county commissioners to the county	53564
general fund by resolution adopted with the affirmative vote of	53565
two-thirds of the members thereof.	53566

(C) All payments received in each month from taxes imposed	53567
under Chapter 5748. of the Revised Code and any penalties or	53568
interest thereon shall be paid into the school district income tax	53569
fund, which is hereby created in the state treasury, except that	53570
an amount equal to the following portion of such payments shall be	53571
paid into the general school district income tax administrative	53572
fund, which is hereby created in the state treasury:	53573

(1) One and three-quarters of one per cent of those received	53574
in fiscal year 1996;	53575

(2) One and one-half per cent of those received in fiscal	53576
year 1997 and thereafter.	53577

Money in the school district income tax administrative fund	53578
shall be used by the tax commissioner to defray costs incurred in	53579
administering the school district's income tax, including the cost	53580
of providing employers with information regarding the rate of tax	53581
imposed by any school district. Any moneys remaining in the fund	53582
after such use shall be deposited in the school district income	53583
tax fund.	53584

All interest earned on moneys in the school district income	53585
tax fund shall be credited to the fund.	53586

(D)(1)(a) Within thirty days of the end of each calendar	53587
quarter ending on the last day of March, June, September, and	53588
December, the director of budget and management shall make a	53589
payment from the school district income tax fund to each school	53590
district for which school district income tax revenue was received	53591
during that quarter. The amount of the payment shall equal the	53592
balance in the school district's account at the end of that	53593
quarter.	53594

(b) After a school district ceases to levy an income tax, the	53595
director of budget and management shall adjust the payments under	53596
division (D)(1)(a) of this section to retain sufficient money in	53597
the school district's account to pay refunds. For the calendar	53598
quarters ending on the last day of March and December of the	53599
calendar year following the last calendar year the tax is levied,	53600
the director shall make the payments in the amount required under	53601
division (D)(1)(a) of this section. For the calendar quarter	53602
ending on the last day of June of the calendar year following the	53603
last calendar year the tax is levied, the director shall make a	53604
payment equal to nine-tenths of the balance in the account at the	53605
end of that quarter. For the calendar quarter ending on the last	53606
day of September of the calendar year following the last calendar	53607
year the tax is levied, the director shall make no payment. For	53608
the second and succeeding calendar years following the last	53609
calendar year the tax is levied, the director shall make one	53610
payment each year, within thirty days of the last day of June, in	53611
an amount equal to the balance in the district's account on the	53612
last day of June.	53613

(2) Moneys paid to a school district under this division	53614
shall be deposited in its school district income tax fund. All	53615
interest earned on moneys in the school district income tax fund	53616
shall be apportioned by the tax commissioner pro rata among the	53617
school districts in the proportions and at the times the districts	53618
are entitled to receive payments under this division.	53619

Sec. 5747.47. (A)(1) By the twentieth day of July of each	53620
year, the tax commissioner shall estimate and certify the	53621
following for each county to its county auditor:	53622

(a) Its guaranteed share of the ensuing year's fund balance;

53623

(b) Its share of the excess of the ensuing year's fund	53624
balance;	53625

53626

(2) In December and in June following such estimations and	53627
certifications, the commissioner shall revise such estimates and	53628
certify such revised estimates to the respective county auditors.	53629

(B) By the tenth day of each month the commissioner shall	53630
distribute the amount credited to the library and local government	53631
support fund ~~from taxes collected under this chapter during the~~	53632
~~preceding month~~in the current month under section 131.51 of the	53633
Revised Code. The distributions shall be made as follows:	53634

(1) During the first six months of each year, each county	53635
shall be paid a percentage of the balance that is the same per	53636
cent that the revised estimate of the county's total entitlement	53637
certified in December under division (A)(2) of this section is of	53638
the sum of such revised estimates of the total entitlements for	53639
all counties.	53640

(2) During the last six months, each county shall be paid a	53641
percentage of the balance that is the same per cent that the	53642
revised estimate of the county's total entitlement certified in	53643
June under division (A)(2) of this section is of the sum of such	53644
revised estimates of the total entitlements for all counties.	53645

(3) During each of the first six months of each year, the	53646
payments made to each county shall be adjusted as follows:	53647

(a) If the county received an overpayment during the	53648
preceding distribution year, reduce the sum of the payments by the	53649
amount of such overpayment. The reduction shall be apportioned	53650
over the six months.	53651

(b) If the county received an underpayment during the	53652
preceding distribution year, increase the sum of the payments by	53653
the amount of such underpayment. The increase shall be apportioned	53654
over the six months.	53655

(C) By the twentieth day of December of each year, the tax	53656
commissioner shall determine and certify to the auditor of each	53657
county each of the following with respect to the current	53658
distribution year:	53659

(1) The year's fund balance;

53660

(2) Each county's guaranteed share;

53661

(3) Each county's share of the excess;

53662

(4) Each county's total entitlement;

53663

(5) Each county's net distribution;

53664

(6) The amount by which each county's net distribution	53665
exceeded or was less than its total entitlement, which amount	53666
shall constitute the county's overpayment or underpayment for	53667
purposes of division (B)(3) of this section in the ensuing	53668
distribution year.	53669

Sec. 5747.50. (A) As used in this section:

53670

(1) "County's proportionate share of the calendar year 2007	53671
LGF and LGRAF distributions" means the percentage computed for the	53672
county under division (B)(1)(a) of section 5747.501 of the Revised	53673
Code ~~for use in the current calendar year~~.	53674

(2) ~~"1983 share" means the sum of all payments made to a~~	53675
~~county under section 5747.50 of the Revised Code during 1983 under~~	53676
~~all versions of such section that were in effect during such year~~	53677
~~plus the payments made to the county's undivided local government~~	53678
~~fund in 1983 from the tax imposed on deposits under division (C)~~	53679
~~of section 5707.03 of the Revised Code.~~	53680

~~(3) "Amount available for distribution under division (B) of~~	53681
~~this section" means for any calendar year, both of the following:~~	53682

~~(a) Nine-tenths of the difference between the amount~~	53683
~~available for distribution under this section during that year and~~	53684
~~the deposit tax revenue of all counties;~~	53685

~~(b) The deposit tax revenue of all counties less six million~~	53686
~~dollars~~.	53687

~~Each year, an amount equal to the amount available for~~	53688
~~distribution under division (B) of this section shall be~~	53689
~~distributed from the local government fund as provided in that~~	53690
~~division. The balance in the fund available for distribution in~~	53691
~~that year under this section and not available for distribution~~	53692
~~under this division shall be distributed in accordance with~~	53693
~~division (C) of this section. The tax commissioner shall determine~~	53694
~~in each month what proportion of that month's local government~~	53695
~~fund balance shall be distributed under division (B) of this~~	53696
~~section and what proportion shall be distributed under division~~	53697
~~(C) of this section~~"County's proportionate share of the total	53698
amount of the local government fund additional revenue formula"	53699
means each county's proportionate share of the state's population	53700
as determined for and certified to the county for distributions to	53701
be made during the current calendar year under division (B)(2)(a)	53702
of section 5747.501 of the Revised Code. If prior to the first day	53703
of January of the current calendar year the federal government has	53704
issued a revision to the population figures reflected in the	53705
estimate produced pursuant to division (B)(2)(a) of section	53706
5747.501 of the Revised Code, such revised population figures	53707
shall be used for making the distributions during the current	53708
calendar year.	53709

(3) "2007 LGF and LGRAF county distribution base available in	53710
that month" means the lesser of the amounts described in division	53711
(A)(3)(a) and (b) of this section, provided that the amount shall	53712
not be less than zero:	53713

(a) The total amount available for distribution to counties	53714
from the local government fund during the current month.	53715

(b) The total amount distributed to counties from the local	53716
government fund and the local government revenue assistance fund	53717
to counties in calendar year 2007 less the total amount	53718
distributed to counties under division (B)(1) of this section	53719
during previous months of the current calendar year.	53720

(4) "Local government fund additional revenue distribution	53721
base available during that month" means the total amount available	53722
for distribution to counties during the month from the local	53723
government fund, less any amounts to be distributed in that month	53724
from the local government fund under division (B)(1) of this	53725
section, provided that the local government fund additional	53726
revenue distribution base available during that month shall not be	53727
less than zero.	53728

(5) "Total amount available for distribution to counties"	53729
means the total amount available for distribution from the local	53730
government fund during the current month less the total amount	53731
available for distribution to municipal corporations during the	53732
current month under division (C) of this section.	53733

(B) On or before the tenth day of each month, the tax	53734
commissioner shall provide for payment to ~~the county treasurer of~~	53735
each county of an amount equal to the sum of:	53736

(1) The county's proportionate share of the calendar year	53737
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and	53738
LGRAF county distribution base available in that month, provided	53739
that if the 2007 LGF and LGRAF county distribution base available	53740
in that month is zero, no payment shall be made under division	53741
(B)(1) of this section for the month or the remainder of the	53742
calendar year; and	53743

(2) The county's proportionate share of the total amount of	53744
the local government fund additional revenue formula multiplied by	53745
the local government fund additional revenue distribution base	53746
available ~~for distribution~~ during that month ~~under this division,~~	53747
~~except as otherwise provided and in such a way that on the last~~	53748
~~day of each calendar year, each county shall have received an~~	53749
~~amount equal to its proportionate share of the amount available~~	53750
~~for distribution under this division during that year. Counties~~	53751
~~whose proportionate shares are less than their 1983 shares shall~~	53752
~~receive an amount equal to their 1983 shares during the year in~~	53753
~~lieu of their proportionate shares, and the amounts required to be~~	53754
~~paid to all other counties shall be proportionately reduced to~~	53755
~~fund such deficiency. If any county receives payments in any year~~	53756
~~that exceed the amount to which it is entitled, that excess shall~~	53757
~~be deducted from the payments due the county in the ensuing~~	53758
~~calendar year and apportioned among and paid to the counties that~~	53759
~~did not receive any such excess.~~	53760

~~The amount paid to any county in any month shall not be less~~	53761
~~than twenty-five thousand dollars unless a smaller payment is~~	53762
~~required in order to avoid paying that county more during the year~~	53763
~~than the amount to which it is entitled for that year~~.	53764

Money received into the treasury of a county under this	53765
division shall be credited to the undivided local government fund	53766
in the treasury of the county on or before the fifteenth day of	53767
each month. ~~The~~On or before the twentieth day of each month, the	53768
county auditor shall issue warrants against all of the undivided	53769
local government fund in the county treasury in the respective	53770
amounts allowed as provided in section 5747.51 of the Revised	53771
Code, and the treasurer shall distribute and pay such sums to the	53772
subdivision therein.	53773

(C)(1) As used in division (C) of this section:

53774

(a) "Total amount available for distribution to	53775
municipalities during the current month" means the product	53776
obtained by multiplying the total amount available for	53777
distribution from the local government fund during the current	53778
month by the aggregate municipal share.	53779

(b) "Aggregate municipal share" means the quotient obtained	53780
by dividing the total amount distributed directly from the local	53781
government fund to municipal corporations during calendar year	53782
2007 by the total distributions from the local government fund and	53783
local government revenue assistance fund during calendar year	53784
2007.	53785

(2) On or before the tenth day of each month, the tax	53786
commissioner shall provide for payment from the local government	53787
fund to ~~each municipal corporation which had in effect during the~~	53788
~~preceding calendar year a tax imposed under Chapter 718. of the~~	53789
~~Revised Code. The amount paid to~~ each municipal corporation ~~shall~~	53790
~~bear the same~~an amount equal to the product derived by	53791
multiplying the municipal corporation's percentage toof the total	53792
amount ~~to be~~ distributed to all such municipal corporations under	53793
this division ~~as the total income taxes collected by such~~	53794
~~municipal corporation~~ during ~~the second~~calendar year ~~preceding~~	53795
~~the year in which distribution is made bears to the total amount~~	53796
~~of such taxes collected by all municipal corporations during such~~	53797
~~period~~2007 by the total amount available for distribution to	53798
municipal corporations during the current month. ~~Payments~~	53799

(3) Payments received by a municipal corporation under this	53800
division shall be paid into its general fund and may be used for	53801
any lawful purpose.	53802

(4) The amount distributed to municipal corporations under	53803
this division during any calendar year shall not exceed the amount	53804
distributed directly from the local government fund to municipal	53805
corporations during calendar year 2007. If that maximum amount is	53806
reached during any month, distributions to municipal corporations	53807
in that month shall be as provided in divisions (C)(1) and (2) of	53808
this section, but no further distributions shall be made to	53809
municipal corporations under division (C) of this section during	53810
the remainder of the calendar year.	53811

(5) Upon being informed of a municipal corporation's	53812
dissolution, the tax commissioner shall cease providing for	53813
payments to that municipal corporation under division (C) of this	53814
section. The proportionate shares of the total amount available	53815
for distribution to each of the remaining municipal corporations	53816
under this division shall be increased on a pro rata basis.	53817

(D) Each municipal corporation which has in effect a tax	53818
imposed under Chapter 718. of the Revised Code shall, no later	53819
than the thirty-first day of August of each year, certify to the	53820
tax commissioner the total amount of income taxes collected by	53821
such municipal corporation pursuant to such chapter during the	53822
preceding calendar year. The tax commissioner ~~shall~~may withhold	53823
payment of local government fund moneys pursuant to division (C)	53824
of this section from any municipal corporation for failure to	53825
comply with this reporting requirement.	53826

Sec. 5747.501. (A) ByOn or before the ~~fifteenth~~	53827
twenty-fifth day of ~~December~~July of each year, the tax	53828
commissioner shall estimate and certify to each county auditor the	53829
amount to be ~~paid into~~distributed from the local government fund	53830
~~for distribution~~ to each undivided local government fund during	53831
the following calendar year under section 5747.50 of the Revised	53832
Code. The ~~commissioner~~estimate shall ~~then determine~~equal the sum	53833
of the separate amounts ~~that would be paid to each county if the~~	53834
~~amount so certified were distributed~~computed under divisions	53835
~~(A)~~(B)(1) and (2) of this section ~~as follows:~~	53836

~~(1)(a) As used in this division and in section 5747.50 of the~~	53837
~~Revised Code, "deposit tax revenue" means one hundred forty-five~~	53838
~~and forty-five one-hundredths per cent of the payments made to the~~	53839
~~county's undivided local government fund in 1983 from the tax~~	53840
~~imposed on deposits under division (C) of section 5707.03 of the~~	53841
~~Revised Code.~~	53842

~~(b) Compute each county's deposit tax revenue.~~

53843

~~(c) Determine how much each county would receive if~~	53844
~~nine-tenths of the difference between the amount certified under~~	53845
~~division (A) of this section and the sum of all counties' deposit~~	53846
~~tax revenues, less six million dollars, were allocated among the~~	53847
~~counties in the following year as follows:~~	53848

~~(i) Seventy-five per cent of said amount shall be apportioned~~	53849
~~in the ratio that the total of the real, public utility, and~~	53850
~~tangible personal property tax duplicates of the municipal~~	53851
~~corporations, or parts thereof, in the county for the year next~~	53852
~~preceding the year in which the computation is made bears to the~~	53853
~~total aggregate real, public utility, and tangible personal~~	53854
~~property tax duplicates of all the municipal corporations in the~~	53855
~~state for the same year.~~	53856

~~(ii) Twenty-five per cent shall be apportioned among all the~~	53857
~~counties in the ratio that the population of the county at the~~	53858
~~last federal decennial census bears to the total population of the~~	53859
~~state.~~	53860

~~(iii) Adjust the sum of the allocations under divisions~~	53861
~~(A)(1)(c)(i) and (ii) for each county so that the sum allocated to~~	53862
~~each county under those divisions is at least two hundred~~	53863
~~twenty-five thousand dollars. If such an adjustment is made, the~~	53864
~~sum of the apportionments to the counties for which no adjustment~~	53865
~~is necessary shall be proportionately reduced so that the sum of~~	53866
~~the allocations to all counties equals the amount to be allocated~~	53867
~~under divisions (A)(1)(c)(i) to (iii) of this section.~~	53868

~~(d) Add the amount allocated to each county under division~~	53869
~~(A)(1)(c) to its deposit tax revenue.~~	53870

~~(2) Determine how much each county would receive if~~	53871
~~nine-tenths of the amount certified by the commissioner, less six~~	53872
~~million dollars, were allocated in the manner prescribed by~~	53873
~~division (A)(1)(c) of this section~~.	53874

(B) ~~Upon the completion of the computations required by~~	53875
~~division (A) of this section, the commissioner shall assign to~~	53876
~~each county, the amount computed for it under division (A)(1)(d)~~	53877
~~of this section or the amount computed under division (A)(2) of~~	53878
~~this section, whichever is the higher amount, and compute the per~~	53879
~~cent that the assigned amount for each county is of the sum of the~~	53880
~~assigned amounts for all counties. The percentage so computed~~	53881
~~shall be the proportionate share of the county for the following~~	53882
~~calendar year for purposes of making the distributions required by~~	53883
~~section 5747.50 of the Revised Code~~(1) The product obtained by	53884
multiplying the percentage described in division (B)(1)(a) of this	53885
section by the amount described in division (B)(1)(b) of this	53886
section.	53887

(a) Each county's proportionate share of the total amount	53888
distributed to the counties from the local government fund and the	53889
local government revenue assistance fund during calendar year	53890
2007.	53891

(b) The total amount distributed to counties from the local	53892
government fund and the local government revenue assistance fund	53893
during calendar year 2007 adjusted downward if, and to the extent	53894
that, total local government fund distributions to counties for	53895
the following year are projected to be less than what was	53896
distributed to counties from the local government fund and local	53897
government revenue assistance fund during calendar year 2007.	53898

(2) The product obtained by multiplying the percentage	53899
described in division (B)(2)(a) of this section by the amount	53900
described in division (B)(2)(b) of this section.	53901

(a) Each county's proportionate share of the state's	53902
population as reflected in the most recent federal decennial	53903
census or the federal government's most recent census estimates,	53904
whichever represents the most recent year.	53905

(b) The amount by which total estimated distributions from	53906
the local government fund during the immediately succeeding	53907
calendar year, less the total estimated amount to be distributed	53908
from the fund to municipal corporations under division (C) of	53909
section 5747.50 of the Revised Code during the immediately	53910
succeeding calendar year, exceed the total amount distributed to	53911
counties from the local government fund and local government	53912
revenue assistance fund during calendar year 2007.	53913

Sec. 5747.51. (A) ~~Within ten days after~~On or before the	53914
~~fifteenth~~twenty-fifth day of July of each year, the tax	53915
commissioner shall make and certify to the county auditor of each	53916
county an estimate of the amount of the local government fund to	53917
be allocated to the undivided local government fund of each county	53918
for the ensuing calendar year and the estimated amount to be	53919
received by the undivided local government fund of each county	53920
from the taxes levied pursuant to section 5707.03 of the Revised	53921
Code for the ensuing calendar year.	53922

(B) At each annual regular session of the county budget	53923
commission convened pursuant to section 5705.27 of the Revised	53924
Code, each auditor shall present to the commission the certificate	53925
of the commissioner, the annual tax budget and estimates, and the	53926
records showing the action of the commission in its last preceding	53927
regular session. The estimates shown on the certificate of the	53928
commissioner of the amount to be allocated from the local	53929
government fund and the amount to be received from taxes levied	53930
pursuant to section 5707.03 of the Revised Code shall be combined	53931
into one total comprising the estimate of the undivided local	53932
government fund of the county. The commission, after extending to	53933
the representatives of each subdivision an opportunity to be	53934
heard, under oath administered by any member of the commission,	53935
and considering all the facts and information presented to it by	53936
the auditor, shall determine the amount of the undivided local	53937
government fund needed by and to be apportioned to each	53938
subdivision for current operating expenses, as shown in the tax	53939
budget of the subdivision. This determination shall be made	53940
pursuant to divisions (C) to (I) of this section, unless the	53941
commission has provided for a formula pursuant to section 5747.53	53942
of the Revised Code.	53943

Nothing in this section prevents the budget commission, for	53944
the purpose of apportioning the undivided local government fund,	53945
from inquiring into the claimed needs of any subdivision as stated	53946
in its tax budget, or from adjusting claimed needs to reflect	53947
actual needs. For the purposes of this section, "current operating	53948
expenses" means the lawful expenditures of a subdivision, except	53949
those for permanent improvements and except payments for interest,	53950
sinking fund, and retirement of bonds, notes, and certificates of	53951
indebtedness of the subdivision.	53952

(C) The commission shall determine the combined total of the	53953
estimated expenditures, including transfers, from the general fund	53954
and any special funds other than special funds established for	53955
road and bridge; street construction, maintenance, and repair;	53956
state highway improvement; and gas, water, sewer, and electric	53957
public utilities operated by a subdivision, as shown in the	53958
subdivision's tax budget for the ensuing calendar year.	53959

(D) From the combined total of expenditures calculated	53960
pursuant to division (C) of this section, the commission shall	53961
deduct the following expenditures, if included in these funds in	53962
the tax budget:	53963

(1) Expenditures for permanent improvements as defined in	53964
division (E) of section 5705.01 of the Revised Code;	53965

(2) In the case of counties and townships, transfers to the	53966
road and bridge fund, and in the case of municipalities, transfers	53967
to the street construction, maintenance, and repair fund and the	53968
state highway improvement fund;	53969

(3) Expenditures for the payment of debt charges;

53970

(4) Expenditures for the payment of judgments.

53971

(E) In addition to the deductions made pursuant to division	53972
(D) of this section, revenues accruing to the general fund and any	53973
special fund considered under division (C) of this section from	53974
the following sources shall be deducted from the combined total of	53975
expenditures calculated pursuant to division (C) of this section:	53976

(1) Taxes levied within the ten-mill limitation, as defined	53977
in section 5705.02 of the Revised Code;	53978

(2) The budget commission allocation of estimated county	53979
library and local government support fund revenues to be	53980
distributed pursuant to section 5747.48 of the Revised Code;	53981

(3) Estimated unencumbered balances as shown on the tax	53982
budget as of the thirty-first day of December of the current year	53983
in the general fund, but not any estimated balance in any special	53984
fund considered in division (C) of this section;	53985

(4) Revenue, including transfers, shown in the general fund	53986
and any special funds other than special funds established for	53987
road and bridge; street construction, maintenance, and repair;	53988
state highway improvement; and gas, water, sewer, and electric	53989
public utilities, from all other sources except those that a	53990
subdivision receives from an additional tax or service charge	53991
voted by its electorate or receives from special assessment or	53992
revenue bond collection. For the purposes of this division, where	53993
the charter of a municipal corporation prohibits the levy of an	53994
income tax, an income tax levied by the legislative authority of	53995
such municipal corporation pursuant to an amendment of the charter	53996
of that municipal corporation to authorize such a levy represents	53997
an additional tax voted by the electorate of that municipal	53998
corporation. For the purposes of this division, any measure	53999
adopted by a board of county commissioners pursuant to section	54000
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,	54001
including those measures upheld by the electorate in a referendum	54002
conducted pursuant to section 322.021, 324.021, 4504.021, or	54003
5739.022 of the Revised Code, shall not be considered an	54004
additional tax voted by the electorate.	54005

Subject to division (G) of section 5705.29 of the Revised	54006
Code, money in a reserve balance account established by a county,	54007
township, or municipal corporation under section 5705.13 of the	54008
Revised Code shall not be considered an unencumbered balance or	54009
revenue under division (E)(3) or (4) of this section. Money in a	54010
reserve balance account established by a township under section	54011
5705.132 of the Revised Code shall not be considered an	54012
unencumbered balance or revenue under division (E)(3) or (4) of	54013
this section.	54014

If a county, township, or municipal corporation has created	54015
and maintains a nonexpendable trust fund under section 5705.131 of	54016
the Revised Code, the principal of the fund, and any additions to	54017
the principal arising from sources other than the reinvestment of	54018
investment earnings arising from such a fund, shall not be	54019
considered an unencumbered balance or revenue under division	54020
(E)(3) or (4) of this section. Only investment earnings arising	54021
from investment of the principal or investment of such additions	54022
to principal may be considered an unencumbered balance or revenue	54023
under those divisions.	54024

(F) The total expenditures calculated pursuant to division	54025
(C) of this section, less the deductions authorized in divisions	54026
(D) and (E) of this section, shall be known as the "relative need"	54027
of the subdivision, for the purposes of this section.	54028

(G) The budget commission shall total the relative need of	54029
all participating subdivisions in the county, and shall compute a	54030
relative need factor by dividing the total estimate of the	54031
undivided local government fund by the total relative need of all	54032
participating subdivisions.	54033

(H) The relative need of each subdivision shall be multiplied	54034
by the relative need factor to determine the proportionate share	54035
of the subdivision in the undivided local government fund of the	54036
county; provided, that the maximum proportionate share of a county	54037
shall not exceed the following maximum percentages of the total	54038
estimate of the undivided local government fund governed by the	54039
relationship of the percentage of the population of the county	54040
that resides within municipal corporations within the county to	54041
the total population of the county as reported in the reports on	54042
population in Ohio by the department of development as of the	54043
twentieth day of July of the year in which the tax budget is filed	54044
with the budget commission:	54045

Percentage of	Percentage share	54046
municipal population	of the county	54047
within the county:	shall not exceed:	54048
Less than forty-one per cent	Sixty per cent	54049
Forty-one per cent or more but less		54050
than eighty-one per cent	Fifty per cent	54051
Eighty-one per cent or more	Thirty per cent	54052

Where the proportionate share of the county exceeds the	54053
limitations established in this division, the budget commission	54054
shall adjust the proportionate shares determined pursuant to this	54055
division so that the proportionate share of the county does not	54056
exceed these limitations, and it shall increase the proportionate	54057
shares of all other subdivisions on a pro rata basis. In counties	54058
having a population of less than one hundred thousand, not less	54059
than ten per cent shall be distributed to the townships therein.	54060

(I) The proportionate share of each subdivision in the	54061
undivided local government fund determined pursuant to division	54062
(H) of this section for any calendar year shall not be less than	54063
the product of the average of the percentages of the undivided	54064
local government fund of the county as apportioned to that	54065
subdivision for the calendar years 1968, 1969, and 1970,	54066
multiplied by the total amount of the undivided local government	54067
fund of the county apportioned pursuant to former section 5735.23	54068
of the Revised Code for the calendar year 1970. For the purposes	54069
of this division, the total apportioned amount for the calendar	54070
year 1970 shall be the amount actually allocated to the county in	54071
1970 from the state collected intangible tax as levied by section	54072
5707.03 of the Revised Code and distributed pursuant to section	54073
5725.24 of the Revised Code, plus the amount received by the	54074
county in the calendar year 1970 pursuant to division (B)(1) of	54075
former section 5739.21 of the Revised Code, and distributed	54076
pursuant to former section 5739.22 of the Revised Code. If the	54077
total amount of the undivided local government fund for any	54078
calendar year is less than the amount of the undivided local	54079
government fund apportioned pursuant to former section 5739.23 of	54080
the Revised Code for the calendar year 1970, the minimum amount	54081
guaranteed to each subdivision for that calendar year pursuant to	54082
this division shall be reduced on a basis proportionate to the	54083
amount by which the amount of the undivided local government fund	54084
for that calendar year is less than the amount of the undivided	54085
local government fund apportioned for the calendar year 1970.	54086

(J) On the basis of such apportionment, the county auditor	54087
shall compute the percentage share of each such subdivision in the	54088
undivided local government fund and shall at the same time certify	54089
to the tax commissioner the percentage share of the county as a	54090
subdivision. No payment shall be made from the undivided local	54091
government fund, except in accordance with such percentage shares.	54092

Within ten days after the budget commission has made its	54093
apportionment, whether conducted pursuant to section 5747.51 or	54094
5747.53 of the Revised Code, the auditor shall publish a list of	54095
the subdivisions and the amount each is to receive from the	54096
undivided local government fund and the percentage share of each	54097
subdivision, in a newspaper or newspapers of countywide	54098
circulation, and send a copy of such allocation to the tax	54099
commissioner.	54100

The county auditor shall also send by certified mail, return	54101
receipt requested, a copy of such allocation to the fiscal officer	54102
of each subdivision entitled to participate in the allocation of	54103
the undivided local government fund of the county. This copy shall	54104
constitute the official notice of the commission action referred	54105
to in section 5705.37 of the Revised Code.	54106

All money received into the treasury of a subdivision from	54107
the undivided local government fund in a county treasury shall be	54108
paid into the general fund and used for the current operating	54109
expenses of the subdivision.	54110

If a municipal corporation maintains a municipal university,	54111
such municipal university, when the board of trustees so requests	54112
the legislative authority of the municipal corporation, shall	54113
participate in the money apportioned to such municipal corporation	54114
from the total local government fund, however created and	54115
constituted, in such amount as requested by the board of trustees,	54116
provided such sum does not exceed nine per cent of the total	54117
amount paid to the municipal corporation.	54118

If any public official fails to maintain the records required	54119
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	54120
issued by the tax commissioner, the auditor of state, or the	54121
treasurer of state pursuant to such sections, or fails to comply	54122
with any law relating to the enforcement of such sections, the	54123
local government fund money allocated to the county ~~shall~~may be	54124
withheld until such time as the public official has complied with	54125
such sections or such law or the rules issued pursuant thereto.	54126

Sec. 5747.54. The tax commissioner ~~shall not distribute~~may	54127
withhold distributions of local government fund money to any	54128
county where the county auditor has failed to certify to the tax	54129
commissioner the percentage share of the undivided local	54130
government fund of the county as a subdivision for the year for	54131
which distribution is to be made. The director ~~shall~~of budget and	54132
management may direct the tax commissioner to withhold from ~~such~~a	54133
county the percentage of the amount distributable thereto that	54134
constitutes the share of the county as a subdivision of the local	54135
government fund so long as such county is indebted or otherwise	54136
obligated to the state, until such indebtedness or other	54137
obligation has been duly paid, but no distribution of such	54138
percentage share of the local government fund shall be withheld	54139
unless an itemized statement of such indebtedness is furnished the	54140
county auditor of the county from which the indebtedness is due at	54141
least thirty days prior to the withholding of the distribution.	54142

Any indebtedness or obligation of the state to a county shall	54143
be deducted from the amount owing to the state by such county in	54144
determining the indebtedness or obligation as to which	54145
distribution is withheld.	54146

Sec. 5747.77. (A) As used in this section:

54147

(1) "Alternative fuel" means E85 blend fuel or blended	54148
biodiesel.	54149

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	54150
fuel that is derived from vegetable oils or animal fats, or any	54151
combination of those reagents that meets the American society for	54152
testing and materials specification for biodiesel fuel (B100)	54153
blend stock distillate fuels.	54154

(3) "Blended biodiesel" means a blend of biodiesel with	54155
petroleum based diesel fuel in which the resultant product	54156
contains not less than twenty per cent biodiesel and meets the	54157
American society for testing and materials specification for	54158
blended diesel fuel.	54159

(4) "Diesel fuel" means any liquid fuel that is capable of	54160
use in discrete form or as a blend component in the operation of	54161
engines of the diesel type.	54162

(5) "Ethanol" means fermentation ethyl alcohol derived from	54163
agricultural products, including potatoes, cereal, grains, cheese	54164
whey, and sugar beets; forest products; or other renewable	54165
resources, including residue and waste generated from the	54166
production, processing, and marketing of agricultural products,	54167
forest products, and other renewable resources that meet all of	54168
the specifications in the American society for testing and	54169
materials (ASTM) specification D 4806-88 and is denatured as	54170
specified in Parts 20 and 21 of Title 27 of the Code of Federal	54171
Regulations.	54172

(6) "E85 blend fuel" means fuel containing eighty-five per	54173
cent or more ethanol, or containing any other percentage of not	54174
less than seventy per cent ethanol if the United States department	54175
of energy determines, by rule, that the lower percentage is	54176
necessary to provide for the requirements of cold start, safety,	54177
or other vehicle functions, and that meets the American society	54178
for testing and materials specification for E85 blend fuel.	54179

(7) "Retail dealer" means any person that is a taxpayer under	54180
this chapter that owns or operates a retail service station	54181
located in this state.	54182

(8) "Retail service station" means a location in this state	54183
from which alternative fuel is sold to the general public and is	54184
dispensed or pumped directly into motor vehicle fuel tanks for	54185
consumption.	54186

(B) For taxable years ending in 2008 and 2009, there is	54187
hereby allowed a nonrefundable credit against the tax imposed by	54188
section 5747.02 of the Revised Code for a retail dealer that sells	54189
alternative fuel. The credit for a dealer's taxable year ending in	54190
2008 shall equal fifteen cents per gallon of alternative fuel sold	54191
and dispensed through a metered pump at the retail dealer's retail	54192
service station during any part of calendar year 2007 or 2008	54193
included in that taxable year. The credit for a dealer's taxable	54194
year ending in 2009 shall equal fifteen cents per gallon of	54195
alternative fuel sold and dispensed through a metered pump at the	54196
retail dealer's retail service station during any part of calendar	54197
year 2008 included in that taxable year, plus thirteen cents per	54198
gallon of alternative fuel sold and dispensed in that manner	54199
during any part of calendar year 2009 included in that taxable	54200
year.	54201

The credit shall be calculated separately for each retail	54202
service station owned or operated by the retail dealer. The credit	54203
allowed under this section may not be claimed for alternative fuel	54204
sold or dispensed before January 1, 2008, or on or after January	54205
1, 2010.	54206

(C) The retail dealer shall claim the credit under this	54207
section in the order prescribed in section 5747.98 of the Revised	54208
Code. The credit shall not exceed the amount of tax otherwise due	54209
under section 5747.02 of the Revised Code after deducting any	54210
other credits that precede the credit claimed under this section	54211
in that order.	54212

(D) Nothing in this section limits or disallows pass-through	54213
treatment of the credit if the retail dealer is a pass-through	54214
entity. If the retail dealer is a pass-through entity, references	54215
in other divisions of this section to "taxable year" refer to the	54216
dealer's taxable year; an equity owner of the retail dealer that	54217
is a pass-through entity may claim the owner's distributive or	54218
proportionate share of the credit for the equity owner's taxable	54219
year that includes the last day of the entity's taxable year.	54220

Sec. 5747.98. (A) To provide a uniform procedure for	54221
calculating the amount of tax due under section 5747.02 of the	54222
Revised Code, a taxpayer shall claim any credits to which the	54223
taxpayer is entitled in the following order:	54224

(1) The retirement income credit under division (B) of	54225
section 5747.055 of the Revised Code;	54226

(2) The senior citizen credit under division (C) of section	54227
5747.05 of the Revised Code;	54228

(3) The lump sum distribution credit under division (D) of	54229
section 5747.05 of the Revised Code;	54230

(4) The dependent care credit under section 5747.054 of the	54231
Revised Code;	54232

(5) The lump sum retirement income credit under division (C)	54233
of section 5747.055 of the Revised Code;	54234

(6) The lump sum retirement income credit under division (D)	54235
of section 5747.055 of the Revised Code;	54236

(7) The lump sum retirement income credit under division (E)	54237
of section 5747.055 of the Revised Code;	54238

(8) The low-income credit under section 5747.056 of the	54239
Revised Code;	54240

(9) The credit for displaced workers who pay for job training	54241
under section 5747.27 of the Revised Code;	54242

(10) The campaign contribution credit under section 5747.29	54243
of the Revised Code;	54244

(11) The twenty-dollar personal exemption credit under	54245
section 5747.022 of the Revised Code;	54246

(12) The joint filing credit under division (G) of section	54247
5747.05 of the Revised Code;	54248

(13) The nonresident credit under division (A) of section	54249
5747.05 of the Revised Code;	54250

(14) The credit for a resident's out-of-state income under	54251
division (B) of section 5747.05 of the Revised Code;	54252

(15) The credit for employers that enter into agreements with	54253
child day-care centers under section 5747.34 of the Revised Code;	54254

(16) The credit for employers that reimburse employee child	54255
care expenses under section 5747.36 of the Revised Code;	54256

(17) The credit for adoption of a minor child under section	54257
5747.37 of the Revised Code;	54258

(18) The credit for purchases of lights and reflectors under	54259
section 5747.38 of the Revised Code;	54260

(19) The job retention credit under division (B) of section	54261
5747.058 of the Revised Code;	54262

(20) The credit ~~for purchases of new manufacturing machinery~~	54263
~~and equipment under section 5747.26 or section 5747.261~~for	54264
selling alternative fuel under section 5747.77 of the Revised	54265
Code;	54266

(21) The second credit for purchases of new manufacturing	54267
machinery and equipment and the credit for using Ohio coal under	54268
section 5747.31 of the Revised Code;	54269

(22) The job training credit under section 5747.39 of the	54270
Revised Code;	54271

(23) The enterprise zone credit under section 5709.66 of the	54272
Revised Code;	54273

(24) The credit for the eligible costs associated with a	54274
voluntary action under section 5747.32 of the Revised Code;	54275

(25) The credit for employers that establish on-site child	54276
day-care centers under section 5747.35 of the Revised Code;	54277

(26) The ethanol plant investment credit under section	54278
5747.75 of the Revised Code;	54279

(27) The credit for purchases of qualifying grape production	54280
property under section 5747.28 of the Revised Code;	54281

(28) The export sales credit under section 5747.057 of the	54282
Revised Code;	54283

(29) The credit for research and development and technology	54284
transfer investors under section 5747.33 of the Revised Code;	54285

(30) The enterprise zone credits under section 5709.65 of the	54286
Revised Code;	54287

(31) The research and development credit under section	54288
5747.331 of the Revised Code;	54289

(32) The refundable credit for rehabilitating a historic	54290
building under section 5747.76 of the Revised Code;	54291

(33) The refundable jobs creation credit under division (A)	54292
of section 5747.058 of the Revised Code;	54293

(34) The refundable credit for taxes paid by a qualifying	54294
entity granted under section 5747.059 of the Revised Code;	54295

(35) The refundable credits for taxes paid by a qualifying	54296
pass-through entity granted under division (J) of section 5747.08	54297
of the Revised Code;	54298

(36) The refundable credit for tax withheld under division	54299
(B)(1) of section 5747.062 of the Revised Code;	54300

(37) The refundable credit under section 5747.80 of the	54301
Revised Code for losses on loans made to the Ohio venture capital	54302
program under sections 150.01 to 150.10 of the Revised Code.	54303

(B) For any credit, except the credits enumerated in	54304
divisions (A)(32) to (37) of this section and the credit granted	54305
under division (I) of section 5747.08 of the Revised Code, the	54306
amount of the credit for a taxable year shall not exceed the tax	54307
due after allowing for any other credit that precedes it in the	54308
order required under this section. Any excess amount of a	54309
particular credit may be carried forward if authorized under the	54310
section creating that credit. Nothing in this chapter shall be	54311
construed to allow a taxpayer to claim, directly or indirectly, a	54312
credit more than once for a taxable year.	54313

Sec. 5748.01. As used in this chapter:

54314

(A) "School district income tax" means an income tax adopted	54315
under one of the following:	54316

(1) Former section 5748.03 of the Revised Code as it existed	54317
prior to its repeal by Amended Substitute House Bill No. 291 of	54318
the 115th general assembly;	54319

(2) Section 5748.03 of the Revised Code as enacted in	54320
Substitute Senate Bill No. 28 of the 118th general assembly;	54321

(3) Section 5748.08 of the Revised Code as enacted in Amended	54322
Substitute Senate Bill No. 17 of the 122nd general assembly;	54323

(4) Section 5748.021 of the Revised Code;

54324

(5) Section 5748.081 of the Revised Code.

54325

(B) "Individual" means an individual subject to the tax	54326
levied by section 5747.02 of the Revised Code.	54327

(C) "Estate" means an estate subject to the tax levied by	54328
section 5747.02 of the Revised Code.	54329

(D) "Taxable year" means a taxable year as defined in	54330
division (M) of section 5747.01 of the Revised Code.	54331

(E) "Taxable income" means:

54332

(1) In the case of an individual, one of the following, as	54333
specified in the resolution imposing the tax:	54334

(a) Ohio adjusted gross income for the taxable year as	54335
defined in division (A) of section 5747.01 of the Revised Code,	54336
less the exemptions provided by section 5747.02 of the Revised	54337
Code;	54338

(b) Wages, salaries, tips, and other employee compensation to	54339
the extent included in Ohio adjusted gross income as defined in	54340
section 5747.01 of the Revised Code, and net earnings from	54341
self-employment, as defined in section 1402(a) of the Internal	54342
Revenue Code, to the extent included in Ohio adjusted gross	54343
income.	54344

(2) In the case of an estate, taxable income for the taxable	54345
year as defined in division (S) of section 5747.01 of the Revised	54346
Code.	54347

(F) "Resident" of the school district means:

54348

(1) An individual who is a resident of this state as defined	54349
in division (I) of section 5747.01 of the Revised Code during all	54350
or a portion of the taxable year and who, during all or a portion	54351
of such period of state residency, is domiciled in the school	54352
district or lives in and maintains a permanent place of abode in	54353
the school district;	54354

(2) An estate of a decedent who, at the time of death, was	54355
domiciled in the school district.	54356

(G) "School district income" means:

54357

(1) With respect to an individual, the portion of the taxable	54358
income of an individual that is received by the individual during	54359
the portion of the taxable year that the individual is a resident	54360
of the school district and the school district income tax is in	54361
effect in that school district. An individual may have school	54362
district income with respect to more than one school district.	54363

(2) With respect to an estate, the taxable income of the	54364
estate for the portion of the taxable year that the school	54365
district income tax is in effect in that school district.	54366

(H) "Taxpayer" means an individual or estate having school	54367
district income upon which a school district income tax is	54368
imposed.	54369

(I) "School district purposes" means any of the purposes for	54370
which a tax may be levied pursuant to section 5705.21 of the	54371
Revised Code, including the combined purposes authorized by	54372
section 5705.217 of the Revised Code.	54373

Sec. 5748.02. (A) The board of education of any school	54374
district, except a joint vocational school district, may declare,	54375
by resolution, the necessity of raising annually a specified	54376
amount of money for school district purposes. The resolution shall	54377
specify whether the income that is to be subject to the tax is	54378
taxable income of individuals and estates as defined in divisions	54379
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	54380
taxable income of individuals as defined in division (E)(1)(b) of	54381
that section. A copy of the resolution shall be certified to the	54382
tax commissioner no later than eighty-five days prior to the date	54383
of the election at which the board intends to propose a levy under	54384
this section. Upon receipt of the copy of the resolution, the tax	54385
commissioner shall estimate both of the following:	54386

(1) The property tax rate that would have to be imposed in	54387
the current year by the district to produce an equivalent amount	54388
of money;	54389

(2) The income tax rate that would have had to have been in	54390
effect for the current year to produce an equivalent amount of	54391
money from a school district income tax.	54392

Within ten days of receiving the copy of the board's	54393
resolution, the commissioner shall prepare these estimates and	54394
certify them to the board. Upon receipt of the certification, the	54395
board may adopt a resolution proposing an income tax under	54396
division (B) of this section at the estimated rate contained in	54397
the certification rounded to the nearest one-fourth of one per	54398
cent. The commissioner's certification applies only to the board's	54399
proposal to levy an income tax at the election for which the board	54400
requested the certification. If the board intends to submit a	54401
proposal to levy an income tax at any other election, it shall	54402
request another certification for that election in the manner	54403
prescribed in this division.	54404

(B)(1) Upon the receipt of a certification from the tax	54405
commissioner under division (A) of this section, a majority of the	54406
members of a board of education may adopt a resolution proposing	54407
the levy of an annual tax for school district purposes on school	54408
district income. The proposed levy may be for a continuing period	54409
of time or for a specified number of years. The resolution shall	54410
set forth the purpose for which the tax is to be imposed, the rate	54411
of the tax, which shall be the rate set forth in the	54412
commissioner's certification rounded to the nearest one-fourth of	54413
one per cent, the number of years the tax will be levied or that	54414
it will be levied for a continuing period of time, the date on	54415
which the tax shall take effect, which shall be the first day of	54416
January of any year following the year in which the question is	54417
submitted, and the date of the election at which the proposal	54418
shall be submitted to the electors of the district, which shall be	54419
on the date of a primary, general, or special election the date of	54420
which is consistent with section 3501.01 of the Revised Code. The	54421
resolution shall specify whether the income that is to be subject	54422
to the tax is taxable income of individuals and estates as defined	54423
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	54424
Code or taxable income of individuals as defined in division	54425
(E)(1)(b) of that section. The specification shall be the same as	54426
the specification in the resolution adopted and certified under	54427
division (A) of this section. If	54428

If the tax is to be levied for current expenses and permanent	54429
improvements, the resolution shall apportion the annual rate of	54430
the tax. The apportionment may be the same or different for each	54431
year the tax is levied, but the respective portions of the rate	54432
actually levied each year for current expenses and for permanent	54433
improvements shall be limited by the apportionment.	54434

If the board of education currently imposes an income tax	54435
pursuant to this chapter that is due to expire and a question is	54436
submitted under this section for a proposed income tax to take	54437
effect upon the expiration of the existing tax, the board may	54438
specify in the resolution that the proposed tax renews the	54439
expiring tax and is not an additional income tax, provided that	54440
the tax rate being proposed is no higher than the tax rate that is	54441
currently imposed.	54442

(2) A board of education adopting a resolution under division	54443
(B)(1) of this section proposing a school district income tax for	54444
a continuing period of time and limited to the purpose of current	54445
expenses may propose in that resolution to reduce the rate or	54446
rates of one or more of the school district's property taxes	54447
levied for a continuing period of time in excess of the ten-mill	54448
limitation for the purpose of current expenses. The reduction in	54449
the rate of a property tax may be any amount, expressed in mills	54450
per one dollar in valuation, not exceeding the rate at which the	54451
tax is authorized to be levied. The reduction in the rate of a tax	54452
shall first take effect for the tax year that includes the day on	54453
which the school district income tax first takes effect, and shall	54454
continue for each tax year that both the school district income	54455
tax and the property tax levy are in effect.	54456

In addition to the matters required to be set forth in the	54457
resolution under division (B)(1) of this section, a resolution	54458
containing a proposal to reduce the rate of one or more property	54459
taxes shall state for each such tax the maximum rate at which it	54460
currently may be levied and the maximum rate at which the tax	54461
could be levied after the proposed reduction, expressed in mills	54462
per one dollar in valuation, and that the tax is levied for a	54463
continuing period of time.	54464

If a board of education proposes to reduce the rate of one or	54465
more property taxes under division (B)(2) of this section, the	54466
board, when it makes the certification required under division (A)	54467
of this section, shall designate the specific levy or levies to be	54468
reduced, the maximum rate at which each levy currently is	54469
authorized to be levied, and the rate by which each levy is	54470
proposed to be reduced. The tax commissioner, when making the	54471
certification to the board under division (A) of this section,	54472
also shall certify the reduction in the total effective tax rate	54473
for current expenses for each class of property that would have	54474
resulted if the proposed reduction in the rate or rates had been	54475
in effect the previous tax year. As used in this paragraph,	54476
"effective tax rate" has the same meaning as in section 323.08 of	54477
the Revised Code.	54478

(C) A resolution adopted under division (B) of this section	54479
shall go into immediate effect upon its passage, and no	54480
publication of the resolution shall be necessary other than that	54481
provided for in the notice of election. Immediately after its	54482
adoption and at least seventy-five days prior to the election at	54483
which the question will appear on the ballot, a copy of the	54484
resolution shall be certified to the board of elections of the	54485
proper county, which shall submit the proposal to the electors on	54486
the date specified in the resolution. The form of the ballot shall	54487
be as provided in section 5748.03 of the Revised Code. Publication	54488
of notice of the election shall be made in one or more newspapers	54489
of general circulation in the county once a week for two	54490
consecutive weeks prior to the election, and, if the board of	54491
elections operates and maintains a web site, the board of	54492
elections shall post notice of the election on its web site for	54493
thirty days prior to the election. The notice shall contain the	54494
time and place of the election and the question to be submitted to	54495
the electors. The question covered by the resolution shall be	54496
submitted as a separate proposition, but may be printed on the	54497
same ballot with any other proposition submitted at the same	54498
election, other than the election of officers.	54499

(D) ~~No board of education shall submit~~The submission to the	54500
electors of the school district of the question of a tax on school	54501
district income ~~to the electors of the district more than twice in~~	54502
under this section is subject to the limitation under section	54503
5705.214 of the Revised Code on the number of elections that may	54504
be held during any calendar year. ~~If a board submits the question~~	54505
~~twice in any calendar year, one of the elections on the question~~	54506
~~shall be held on the date of the general election.~~	54507

(E)(1) No board of education may submit to the electors of	54508
the district the question of a tax on school district income on	54509
the taxable income of individuals as defined in division (E)(1)(b)	54510
of section 5748.01 of the Revised Code if that tax would be in	54511
addition to an existing tax on the taxable income of individuals	54512
and estates as defined in divisions (E)(1)(a) and (2) of that	54513
section.	54514

(2) No board of education may submit to the electors of the	54515
district the question of a tax on school district income on the	54516
taxable income of individuals and estates as defined in divisions	54517
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	54518
tax would be in addition to an existing tax on the taxable income	54519
of individuals as defined in division (E)(1)(b) of that section.	54520

Sec. 5748.021. A board of education that levies a tax under	54521
section 5748.02 of the Revised Code on the school district income	54522
of individuals and estates as defined in divisions (G) and	54523
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	54524
declare, at any time, by a resolution adopted by a majority of its	54525
members, the necessity of raising annually a specified amount of	54526
money for school district purposes by replacing the existing tax	54527
with a tax on the school district income of individuals as defined	54528
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	54529
Revised Code. The specified amount of money to be raised annually	54530
may be the same as, or more or less than, the amount of money	54531
raised annually by the existing tax.	54532

The board shall certify a copy of the resolution to the tax	54533
commissioner not later than the eighty-fifth day before the date	54534
of the election at which the board intends to propose the	54535
replacement to the electors of the school district. Not later than	54536
the tenth day after receiving the resolution, the tax commissioner	54537
shall estimate the tax rate that would be required in the school	54538
district annually to raise the amount of money specified in the	54539
resolution. The tax commissioner shall certify the estimate to the	54540
board.	54541

Upon receipt of the tax commissioner's estimate, the board	54542
may propose, by a resolution adopted by a majority of its members,	54543
to replace the existing tax on the school district income of	54544
individuals and estates as defined in divisions (G) and (E)(1)(a)	54545
and (2) of section 5748.01 of the Revised Code with the levy of an	54546
annual tax on the school district income of individuals as defined	54547
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	54548
Revised Code. In the resolution, the board shall specify the rate	54549
of the replacement tax, whether the replacement tax is to be	54550
levied for a specified number of years or for a continuing time,	54551
the specific school district purposes for which the replacement	54552
tax is to be levied, the date on which the replacement tax will	54553
begin to be levied, the date of the election at which the question	54554
of the replacement is to be submitted to the electors of the	54555
school district, that the existing tax will cease to be levied and	54556
the replacement tax will begin to be levied if the replacement is	54557
approved by a majority of the electors voting on the replacement,	54558
and that if the replacement is not approved by a majority of the	54559
electors voting on the replacement the existing tax will remain in	54560
effect under its original authority for the remainder of its	54561
previously approved term. The resolution goes into immediate	54562
effect upon its adoption. Publication of the resolution is not	54563
necessary, and the information that will be provided in the notice	54564
of election is sufficient notice. At least seventy-five days	54565
before the date of the election at which the question of the	54566
replacement will be submitted to the electors of the school	54567
district, the board shall certify a copy of the resolution to the	54568
board of elections.	54569

The replacement tax shall have the same specific school	54570
district purposes as the existing tax, and its rate shall be the	54571
same as the tax commissioner's estimate rounded to the nearest	54572
one-fourth of one per cent. The replacement tax shall begin to be	54573
levied on the first day of January of the year following the year	54574
in which the question of the replacement is submitted to and	54575
approved by the electors of the school district or on the first	54576
day of January of a later year, as specified in the resolution.	54577
The date of the election shall be the date of an otherwise	54578
scheduled primary, general, or special election.	54579

The board of elections shall make arrangements to submit the	54580
question of the replacement to the electors of the school district	54581
on the date specified in the resolution. The board of elections	54582
shall publish notice of the election on the question of the	54583
replacement in one or more newspapers of general circulation in	54584
the school district once a week for four consecutive weeks. The	54585
notice shall set forth the question to be submitted to the	54586
electors and the time and place of the election thereon.	54587

The question shall be submitted to the electors of the school	54588
district as a separate proposition, but may be printed on the same	54589
ballot with other propositions that are submitted at the same	54590
election, other than the election of officers. The form of the	54591
ballot shall be substantially as follows:	54592

"Shall the existing tax of ..... (state the rate) on the	54593
school district income of individuals and estates imposed by .....	54594
(state the name of the school district) be replaced by a tax of	54595
..... (state the rate) on the earned income of individuals	54596
residing in the school district for ..... (state the number of	54597
years the tax is to be in effect or that it will be in effect for	54598
a continuing time), beginning ..... (state the date the new tax	54599
will take effect), for the purpose of ..... (state the specific	54600
school district purposes of the tax)? If the new tax is not	54601
approved, the existing tax will remain in effect under its	54602
original authority, for the remainder of its previously approved	54603
term.	54604

		For replacing the existing tax with the new tax			54605
		Against replacing the existing tax with the new tax	"		54606

The board of elections shall conduct and canvass the election	54607
in the same manner as regular elections in the school district for	54608
the election of county officers. The board shall certify the	54609
results of the election to the board of education and to the tax	54610
commissioner. If a majority of the electors voting on the question	54611
vote in favor of the replacement, the existing tax shall cease to	54612
be levied, and the replacement tax shall begin to be levied, on	54613
the date specified in the ballot question. If a majority of the	54614
electors voting on the question vote against the replacement, the	54615
existing tax shall continue to be levied under its original	54616
authority, for the remainder of its previously approved term.	54617

~~A board of education may not submit~~The submission to the	54618
electors of the school district of the question of replacing a tax	54619
~~more than twice in a~~under this section is subject to the	54620
limitation under section 5705.214 of the Revised Code on the	54621
number of elections that may be held during any calendar year. If	54622
~~a board submits the question more than once, one of the elections~~	54623
~~at which the question is submitted shall be on the date of a~~	54624
~~general election.~~	54625

If a board of education later intends to renew a replacement	54626
tax levied under this section, it shall repeat the procedure	54627
outlined in this section to do so, the replacement tax then being	54628
levied being the "existing tax" and the renewed replacement tax	54629
being the "replacement tax."	54630

Sec. 5748.022. A majority of the members of a board of	54631
education of a school district levying a tax under section 5748.02	54632
of the Revised Code may adopt a resolution reducing the rate of	54633
the tax by a multiple of one-fourth of one per cent.	54634

The resolution shall set forth the current rate of the tax,	54635
the reduced rate of tax that results from adoption of the	54636
resolution, the purpose or purposes for which the tax is levied,	54637
the remaining number of years the tax will be levied or that it is	54638
levied for a continuing period of time, and the date on which the	54639
reduced tax rate shall take effect, which shall be the ensuing	54640
first day of January occurring at least sixty days after a copy of	54641
the resolution is certified to the tax commissioner.	54642

Sec. 5749.02. (A) For the purpose of providing revenue to	54643
administer the state's coal mining and reclamation regulatory	54644
program, to meet the environmental and resource management needs	54645
of this state, and to reclaim land affected by mining, an excise	54646
tax is hereby levied on the privilege of engaging in the severance	54647
of natural resources from the soil or water of this state. The tax	54648
shall be imposed upon the severer and shall be:	54649

(1) Ten cents per ton of coal;

54650

(2) Four cents per ton of salt;

54651

(3) Two cents per ton of limestone or dolomite;

54652

(4) Two cents per ton of sand and gravel;

54653

(5) Ten cents per barrel of oil;

54654

(6) Two and one-half cents per thousand cubic feet of natural	54655
gas;	54656

(7) One cent per ton of clay, sandstone or conglomerate,	54657
shale, gypsum, or quartzite;	54658

(8) Except as otherwise provided in this division or in rules	54659
adopted by the reclamation forfeiture fund advisory board under	54660
section 1513.182 of the Revised Code, an additional fourteen cents	54661
per ton of coal produced from an area under a coal mining and	54662
reclamation permit issued under Chapter 1513. of the Revised Code	54663
for which the performance security is provided under division	54664
(C)(2) of section 1513.08 of the Revised Code. IfBeginning July	54665
1, 2007, if at the end of a fiscal biennium the balance of the	54666
reclamation forfeiture fund created in section 1513.18 of the	54667
Revised Code is equal to or greater than ten million dollars, the	54668
rate levied shall be twelve cents per ton. IfBeginning July 1,	54669
2007, if at the end of a fiscal biennium the balance of the fund	54670
is at least five million dollars, but less than ten million	54671
dollars, the rate levied shall be fourteen cents per ton. If	54672
Beginning July 1, 2007, if at the end of a fiscal biennium the	54673
balance of the fund is less than five million dollars, the rate	54674
levied shall be sixteen cents per ton. ~~Not~~Beginning July 1, 2009,	54675
not later than thirty days after the close of a fiscal biennium,	54676
the chief of the division of mineral resources management shall	54677
certify to the tax commissioner the amount of the balance of the	54678
reclamation forfeiture fund as of the close of the fiscal	54679
biennium. Any necessary adjustment of the rate levied shall take	54680
effect on the first day of the following January and shall remain	54681
in effect during the calendar biennium that begins on that date.	54682

(9) An additional one and two-tenths cents per ton of coal	54683
mined by surface mining methods.	54684

(B) Of the moneys received by the treasurer of state from the	54685
tax levied in division (A)(1) of this section, four and	54686
seventy-six-hundredths per cent shall be credited to the	54687
geological mapping fund created in section 1505.09 of the Revised	54688
Code, eighty and ninety-five-hundredths per cent shall be credited	54689
to the coal mining administration and reclamation reserve fund	54690
created in section 1513.181 of the Revised Code, and fourteen and	54691
twenty-nine-hundredths per cent shall be credited to the	54692
unreclaimed lands fund created in section 1513.30 of the Revised	54693
Code.	54694

Fifteen per cent of the moneys received by the treasurer of	54695
state from the tax levied in division (A)(2) of this section shall	54696
be credited to the geological mapping fund and the remainder shall	54697
be credited to the unreclaimed lands fund.	54698

Of the moneys received by the treasurer of state from the tax	54699
levied in divisions (A)(3) and (4) of this section, seven and	54700
five-tenths per cent shall be credited to the geological mapping	54701
fund, forty-two and five-tenths per cent shall be credited to the	54702
unreclaimed lands fund, and the remainder shall be credited to the	54703
surface mining fund created in section 1514.06 of the Revised	54704
Code.	54705

Of the moneys received by the treasurer of state from the tax	54706
levied in divisions (A)(5) and (6) of this section, ninety per	54707
cent shall be credited to the oil and gas well fund created in	54708
section 1509.02 of the Revised Code and ten per cent shall be	54709
credited to the geological mapping fund. All of the moneys	54710
received by the treasurer of state from the tax levied in division	54711
(A)(7) of this section shall be credited to the surface mining	54712
fund.	54713

All of the moneys received by the treasurer of state from the	54714
tax levied in division (A)(8) of this section shall be credited to	54715
the reclamation forfeiture fund.	54716

All of the moneys received by the treasurer of state from the	54717
tax levied in division (A)(9) of this section shall be credited to	54718
the unreclaimed lands fund.	54719

(C) When, at the close of any fiscal year, the chief finds	54720
that the balance of the reclamation forfeiture fund, plus	54721
estimated transfers to it from the coal mining administration and	54722
reclamation reserve fund under section 1513.181 of the Revised	54723
Code, plus the estimated revenues from the tax levied by division	54724
(A)(8) of this section for the remainder of the calendar year that	54725
includes the close of the fiscal year, are sufficient to complete	54726
the reclamation of lands for which the performance security has	54727
been provided under division (C)(2) of section 1513.08 of the	54728
Revised Code, the purposes for which the tax under division (A)(8)	54729
of this section is levied shall be deemed accomplished at the end	54730
of that calendar year. The chief, within thirty days after the	54731
close of the fiscal year, shall certify those findings to the tax	54732
commissioner, and the tax levied under division (A)(8) of this	54733
section shall cease to be imposed after the last day of that	54734
calendar year on coal produced under a coal mining and reclamation	54735
permit issued under Chapter 1513. of the Revised Code if the	54736
permittee has made tax payments under division (A)(8) of this	54737
section during each of the preceding five full calendar years. Not	54738
later than thirty days after the close of a fiscal year, the chief	54739
shall certify to the tax commissioner the identity of any	54740
permittees who accordingly no longer are required to pay the tax	54741
levied under division (A)(8) of this section.	54742

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	54743
the Revised Code:	54744

(1) "School district," "joint vocational school district,"	54745
"local taxing unit," ~~"state education aid,"~~ "recognized	54746
valuation," "fixed-rate levy," and "fixed-sum levy" have the same	54747
meanings as used in section 5727.84 of the Revised Code.	54748

(2) "State education aid" for a school district means the sum	54749
of state aid amounts computed for the district under divisions	54750
(A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022;	54751
divisions (B), (C), and (D) of section 3317.023; divisions (L) and	54752
(N) of section 3317.024; section 3317.0216; and any unit payments	54753
for gifted student services paid under sections 3317.05, 3317.052,	54754
and 3317.053 of the Revised Code; except that, for fiscal years	54755
2008 and 2009, the amount computed for the district under Section	54756
269.20.80 of H.B. 119 of the 127th general assembly and as that	54757
section subsequently may be amended shall be substituted for the	54758
amount computed under division (D) of section 3317.022 of the	54759
Revised Code, and the amount computed under Section 269.30.80 of	54760
H.B. 119 of the 127th general assembly and as that section	54761
subsequently may be amended shall be included.	54762

(3) "State education aid" for a joint vocational school	54763
district means the sum of the state aid computed for the district	54764
under division (N) of section 3317.024 and section 3317.16 of the	54765
Revised Code, except that, for fiscal years 2008 and 2009, the	54766
amount computed under Section 269.30.80 of H.B. 119 of the 127th	54767
general assembly and as that section subsequently may be amended	54768
shall be included.	54769

(4) "State education aid offset" means the amount determined	54770
for each school district or joint vocational school district under	54771
division (A)(1) of section 5751.21 of the Revised Code.	54772

~~(3)~~(5) "Machinery and equipment property tax value loss"	54773
means the amount determined under division (C)(1) of this section.	54774

~~(4)~~(6) "Inventory property tax value loss" means the amount	54775
determined under division (C)(2) of this section.	54776

~~(5)~~(7) "Furniture and fixtures property tax value loss" means	54777
the amount determined under division (C)(3) of this section.	54778

~~(6)~~(8) "Machinery and equipment fixed-rate levy loss" means	54779
the amount determined under division (D)(1) of this section.	54780

~~(7)~~(9) "Inventory fixed-rate levy loss" means the amount	54781
determined under division (D)(2) of this section.	54782

~~(8)~~(10) "Furniture and fixtures fixed-rate levy loss" means	54783
the amount determined under division (D)(3) of this section.	54784

~~(9)~~(11) "Total fixed-rate levy loss" means the sum of the	54785
machinery and equipment fixed-rate levy loss, the inventory	54786
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	54787
loss, and the telephone company fixed-rate levy loss.	54788

~~(10)~~(12) "Fixed-sum levy loss" means the amount determined	54789
under division (E) of this section.	54790

~~(11)~~(13) "Machinery and equipment" means personal property	54791
subject to the assessment rate specified in division (F) of	54792
section 5711.22 of the Revised Code.	54793

~~(12)~~(14) "Inventory" means personal property subject to the	54794
assessment rate specified in division (E) of section 5711.22 of	54795
the Revised Code.	54796

~~(13)~~(15) "Furniture and fixtures" means personal property	54797
subject to the assessment rate specified in division (G) of	54798
section 5711.22 of the Revised Code.	54799

~~(14)~~(16) "Qualifying levies" are levies in effect for tax	54800
year 2004 or applicable to tax year 2005 or approved at an	54801
election conducted before September 1, 2005. For the purpose of	54802
determining the rate of a qualifying levy authorized by section	54803
5705.212 or 5705.213 of the Revised Code, the rate shall be the	54804
rate that would be in effect for tax year 2010.	54805

~~(15)~~(17) "Telephone property" means tangible personal	54806
property of a telephone, telegraph, or interexchange	54807
telecommunications company subject to an assessment rate specified	54808
in section 5727.111 of the Revised Code in tax year 2004.	54809

~~(16)~~(18) "Telephone property tax value loss" means the amount	54810
determined under division (C)(4) of this section.	54811

~~(17)~~(19) "Telephone property fixed-rate levy loss" means the	54812
amount determined under division (D)(4) of this section.	54813

(B) The commercial activities tax receipts fund is hereby	54814
created in the state treasury and shall consist of money arising	54815
from the tax imposed under this chapter. All money in that fund	54816
shall be credited for each fiscal year in the following	54817
percentages to the general revenue fund, to the school district	54818
tangible property tax replacement fund, which is hereby created in	54819
the state treasury for the purpose of making the payments	54820
described in section 5751.21 of the Revised Code, and to the local	54821
government tangible property tax replacement fund, which is hereby	54822
created in the state treasury for the purpose of making the	54823
payments described in section 5751.22 of the Revised Code, in the	54824
following percentages:	54825

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	54826
2006	67.7%	22.6%	9.7%	54827
2007	0%	70.0%	30.0%	54828
2008	0%	70.0%	30.0%	54829
2009	0%	70.0%	30.0%	54830
2010	0%	70.0%	30.0%	54831
2011	0%	70.0%	30.0%	54832
2012	5.3%	70.0%	24.7%	54833
2013	19.4%	70.0%	10.6%	54834
2014	14.1%	70.0%	15.9%	54835
2015	17.6%	70.0%	12.4%	54836
2016	21.1%	70.0%	8.9%	54837
2017	24.6%	70.0%	5.4%	54838
2018	28.1%	70.0%	1.9%	54839
2019 and thereafter	~~100%~~ 30%	0% 70%	0%	54840

(C) Not later than September 15, 2005, the tax commissioner	54841
shall determine for each school district, joint vocational school	54842
district, and local taxing unit its machinery and equipment,	54843
inventory property, furniture and fixtures property, and telephone	54844
property tax value losses, which are the applicable amounts	54845
described in divisions (C)(1), (2), (3), and (4) of this section,	54846
except as provided in division (C)(5) of this section:	54847

(1) Machinery and equipment property tax value loss is the	54848
taxable value of machinery and equipment property as reported by	54849
taxpayers for tax year 2004 multiplied by:	54850

(a) For tax year 2006, thirty-three and eight-tenths per	54851
cent;	54852

(b) For tax year 2007, sixty-one and three-tenths per cent;

54853

54854

(d) For tax year 2009 and thereafter, one hundred per cent.

54855

(2) Inventory property tax value loss is the taxable value of	54856
inventory property as reported by taxpayers for tax year 2004	54857
multiplied by:	54858

(a) For tax year 2006, a fraction, the numerator of which is	54859
five and three-fourths and the denominator of which is	54860
twenty-three;	54861

(b) For tax year 2007, a fraction, the numerator of which is	54862
nine and one-half and the denominator of which is twenty-three;	54863

(c) For tax year 2008, a fraction, the numerator of which is	54864
thirteen and one-fourth and the denominator of which is	54865
twenty-three;	54866

(d) For tax year 2009 and thereafter a fraction, the	54867
numerator of which is seventeen and the denominator of which is	54868
twenty-three.	54869

(3) Furniture and fixtures property tax value loss is the	54870
taxable value of furniture and fixture property as reported by	54871
taxpayers for tax year 2004 multiplied by:	54872

(a) For tax year 2006, twenty-five per cent;

54873

(b) For tax year 2007, fifty per cent;

54874

54875

(d) For tax year 2009 and thereafter, one hundred per cent.

54876

The taxable value of property reported by taxpayers used in	54877
divisions (C)(1), (2), and (3) of this section shall be such	54878
values as determined to be final by the tax commissioner as of	54879
August 31, 2005. Such determinations shall be final except for any	54880
correction of a clerical error that was made prior to August 31,	54881
2005, by the tax commissioner.	54882

(4) Telephone property tax value loss is the taxable value of	54883
telephone property as taxpayers would have reported that property	54884
for tax year 2004 if the assessment rate for all telephone	54885
property for that year were twenty-five per cent, multiplied by:	54886

(a) For tax year 2006, zero per cent;

54887

(b) For tax year 2007, zero per cent;

54888

54889

(d) For tax year 2009, sixty per cent;

54890

(e) For tax year 2010, eighty per cent;

54891

(f) For tax year 2011 and thereafter, one hundred per cent.

54892

(5) Division (C)(5) of this section applies to any school	54893
district, joint vocational school district, or local taxing unit	54894
in a county in which is located a facility currently or formerly	54895
devoted to the enrichment or commercialization of uranium or	54896
uranium products, and for which the total taxable value of	54897
property listed on the general tax list of personal property for	54898
any tax year from tax year 2001 to tax year 2004 was fifty per	54899
cent or less of the taxable value of such property listed on the	54900
general tax list of personal property for the next preceding tax	54901
year.	54902

In computing the fixed-rate levy losses under divisions	54903
(D)(1), (2), and (3) of this section for any school district,	54904
joint vocational school district, or local taxing unit to which	54905
division (C)(5) of this section applies, the taxable value of such	54906
property as listed on the general tax list of personal property	54907
for tax year 2000 shall be substituted for the taxable value of	54908
such property as reported by taxpayers for tax year 2004, in the	54909
taxing district containing the uranium facility, if the taxable	54910
value listed for tax year 2000 is greater than the taxable value	54911
reported by taxpayers for tax year 2004. For the purpose of making	54912
the computations under divisions (D)(1), (2), and (3) of this	54913
section, the tax year 2000 valuation is to be allocated to	54914
machinery and equipment, inventory, and furniture and fixtures	54915
property in the same proportions as the tax year 2004 values. For	54916
the purpose of the calculations in division (A) of section 5751.21	54917
of the Revised Code, the tax year 2004 taxable values shall be	54918
used.	54919

To facilitate the calculations required under division (C) of	54920
this section, the county auditor, upon request from the tax	54921
commissioner, shall provide by August 1, 2005, the values of	54922
machinery and equipment, inventory, and furniture and fixtures for	54923
all single-county personal property taxpayers for tax year 2004.	54924

(D) Not later than September 15, 2005, the tax commissioner	54925
shall determine for each tax year from 2006 through 2009 for each	54926
school district, joint vocational school district, and local	54927
taxing unit its machinery and equipment, inventory, and furniture	54928
and fixtures fixed-rate levy losses, and for each tax year from	54929
2006 through 2011 its telephone property fixed-rate levy loss,	54930
which are the applicable amounts described in divisions (D)(1),	54931
(2), (3), and (4) of this section:	54932

(1) The machinery and equipment fixed-rate levy loss is the	54933
machinery and equipment property tax value loss multiplied by the	54934
sum of the tax rates of fixed-rate qualifying levies.	54935

(2) The inventory fixed-rate loss is the inventory property	54936
tax value loss multiplied by the sum of the tax rates of	54937
fixed-rate qualifying levies.	54938

(3) The furniture and fixtures fixed-rate levy loss is the	54939
furniture and fixture property tax value loss multiplied by the	54940
sum of the tax rates of fixed-rate qualifying levies.	54941

(4) The telephone property fixed-rate levy loss is the	54942
telephone property tax value loss multiplied by the sum of the tax	54943
rates of fixed-rate qualifying levies.	54944

(E) Not later than September 15, 2005, the tax commissioner	54945
shall determine for each school district, joint vocational school	54946
district, and local taxing unit its fixed-sum levy loss. The	54947
fixed-sum levy loss is the amount obtained by subtracting the	54948
amount described in division (E)(2) of this section from the	54949
amount described in division (E)(1) of this section:	54950

(1) The sum of the machinery and equipment property tax value	54951
loss, the inventory property tax value loss, and the furniture and	54952
fixtures property tax value loss, and, for 2008 through 2017 the	54953
telephone property tax value loss of the district or unit	54954
multiplied by the sum of the fixed-sum tax rates of qualifying	54955
levies. For 2006 through 2010, this computation shall include all	54956
qualifying levies remaining in effect for the current tax year and	54957
any school district emergency levies that are qualifying levies	54958
not remaining in effect for the current year. For 2011 through	54959
2017, this computation shall include only qualifying levies	54960
remaining in effect for the current year. For purposes of this	54961
computation, a qualifying school district emergency levy remains	54962
in effect in a year after 2010 only if, for that year, the board	54963
of education levies a school district emergency levy for an annual	54964
sum at least equal to the annual sum levied by the board in tax	54965
year 2004 less the amount of the payment certified under this	54966
division for 2006.	54967

(2) The total taxable value in tax year 2004 less the sum of	54968
the machinery and equipment, inventory, furniture and fixtures,	54969
and telephone property tax value losses in each school district,	54970
joint vocational school district, and local taxing unit multiplied	54971
by one-half of one mill per dollar.	54972

(3) For the calculations in divisions (E)(1) and (2) of this	54973
section, the tax value losses are those that would be calculated	54974
for tax year 2009 under divisions (C)(1), (2), and (3) of this	54975
section and for tax year 2011 under division (C)(4) of this	54976
section.	54977

(4) To facilitate the calculation under divisions (D) and (E)	54978
of this section, not later than September 1, 2005, any school	54979
district, joint vocational school district, or local taxing unit	54980
that has a qualifying levy that was approved at an election	54981
conducted during 2005 before September 1, 2005, shall certify to	54982
the tax commissioner a copy of the county auditor's certificate of	54983
estimated property tax millage for such levy as required under	54984
division (B) of section 5705.03 of the Revised Code, which is the	54985
rate that shall be used in the calculations under such divisions.	54986

If the amount determined under division (E) of this section	54987
for any school district, joint vocational school district, or	54988
local taxing unit is greater than zero, that amount shall equal	54989
the reimbursement to be paid pursuant to division (D) of section	54990
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	54991
and the one-half of one mill that is subtracted under division	54992
(E)(2) of this section shall be apportioned among all contributing	54993
fixed-sum levies in the proportion that each levy bears to the sum	54994
of all fixed-sum levies within each school district, joint	54995
vocational school district, or local taxing unit.	54996

(F) Not later than October 1, 2005, the tax commissioner	54997
shall certify to the department of education for every school	54998
district and joint vocational school district the machinery and	54999
equipment, inventory, furniture and fixtures, and telephone	55000
property tax value losses determined under division (C) of this	55001
section, the machinery and equipment, inventory, furniture and	55002
fixtures, and telephone fixed-rate levy losses determined under	55003
division (D) of this section, and the fixed-sum levy losses	55004
calculated under division (E) of this section. The calculations	55005
under divisions (D) and (E) of this section shall separately	55006
display the levy loss for each levy eligible for reimbursement.	55007

(G) Not later than October 1, 2005, the tax commissioner	55008
shall certify the amount of the fixed-sum levy losses to the	55009
county auditor of each county in which a school district, joint	55010
vocational school district, or local taxing unit with a fixed-sum	55011
levy loss reimbursement has territory.	55012

Sec. 5751.21. (A) Not later than the ~~thirty-first~~fifteenth	55013
day of July of 2007 through 2017, the department of education	55014
shall consult with the director of budget and management and	55015
determine the following for each school district and each joint	55016
vocational school district eligible for payment under division (B)	55017
of this section:	55018

(1) The state education aid offset, which is the difference	55019
obtained by subtracting the amount described in division (A)(1)(b)	55020
of this section from the amount described in division (A)(1)(a) of	55021
this section:	55022

(a) The state education aid computed for the school district	55023
or joint vocational school district for the current fiscal year as	55024
of the ~~thirty-first~~fifteenth day of July;	55025

(b) The state education aid that would be computed for the	55026
school district or joint vocational school district for the	55027
current fiscal year as of the ~~thirty-first~~fifteenth day of July	55028
if the recognized valuation included the machinery and equipment,	55029
inventory, furniture and fixtures, and telephone property tax	55030
value losses for the school district or joint vocational school	55031
district for the second preceding tax year.	55032

(2) The greater of zero or the difference obtained by	55033
subtracting the state education aid offset determined under	55034
division (A)(1) of this section from the sum of the machinery and	55035
equipment fixed-rate levy loss, the inventory fixed-rate levy	55036
loss, furniture and fixtures fixed-rate levy loss, and telephone	55037
property fixed-rate levy loss certified under division (F) of	55038
section 5751.20 of the Revised Code for all taxing districts in	55039
each school district and joint vocational school district for the	55040
second preceding tax year.	55041

By the ~~fifth~~twentieth day of ~~August~~July of each such year,	55042
the department of education and the director of budget and	55043
management shall ~~certify~~agree upon the amount soto be determined	55044
under division (A)(1) of this section ~~to the director of budget~~	55045
~~and management~~.	55046

(B) The department of education shall pay from the school	55047
district tangible property tax replacement fund to each school	55048
district and joint vocational school district all of the following	55049
for fixed-rate levy losses certified under division (F) of section	55050
5751.20 of the Revised Code:	55051

(1) On or before May 31, 2006, one-seventh of the total	55052
fixed-rate levy loss for tax year 2006;	55053

(2) On or before August 31, 2006, and October 31, 2006,	55054
one-half of six-sevenths of the total fixed-rate levy loss for tax	55055
year 2006;	55056

(3) On or before May 31, 2007, one-seventh of the total	55057
fixed-rate levy loss for tax year 2007;	55058

(4) On or before August 31, 2007, and October 31, 2007,	55059
forty-three per cent of the amount determined under division	55060
(A)(2) of this section for fiscal year 2008, but not less than	55061
zero, plus one-half of six-sevenths of the difference between the	55062
total fixed-rate levy loss for tax year 2007 and the total	55063
fixed-rate levy loss for tax year 2006.	55064

(5) On or before May 31, 2008, fourteen per cent of the	55065
amount determined under division (A)(2) of this section for fiscal	55066
year 2008, but not less than zero, plus one-seventh of the	55067
difference between the total fixed-rate levy loss for tax year	55068
2008 and the total fixed-rate levy loss for tax year 2006.	55069

(6) On or before August 31, 2008, and October 31, 2008,	55070
forty-three per cent of the amount determined under division	55071
(A)(2) of this section for fiscal year 2009, but not less than	55072
zero, plus one-half of six-sevenths of the difference between the	55073
total fixed-rate levy loss in tax year 2008 and the total	55074
fixed-rate levy loss in tax year 2007.	55075

(7) On or before May 31, 2009, fourteen per cent of the	55076
amount determined under division (A)(2) of this section for fiscal	55077
year 2009, but not less than zero, plus one-seventh of the	55078
difference between the total fixed-rate levy loss for tax year	55079
2009 and the total fixed-rate levy loss for tax year 2007.	55080

(8) On or before August 31, 2009, and October 31, 2009,	55081
forty-three per cent of the amount determined under division	55082
(A)(2) of this section for fiscal year 2010, but not less than	55083
zero, plus one-half of six-sevenths of the difference between the	55084
total fixed-rate levy loss in tax year 2009 and the total	55085
fixed-rate levy loss in tax year 2008.	55086

(9) On or before May 31, 2010, fourteen per cent of the	55087
amount determined under division (A)(2) of this section for fiscal	55088
year 2010, but not less than zero, plus one-seventh of the	55089
difference between the total fixed-rate levy loss in tax year 2010	55090
and the total fixed-rate levy loss in tax year 2008.	55091

(10) On or before August 31, 2010, and October 31, 2010,	55092
one-third of the amount determined under division (A)(2) of this	55093
section for fiscal year 2011, but not less than zero, plus	55094
one-half of six-sevenths of the difference between the telephone	55095
property fixed-rate levy loss for tax year 2010 and the telephone	55096
property fixed-rate levy loss for tax year 2009.	55097

(11) On or before May 31, 2011, fourteen per cent of the	55098
amount determined under division (A)(2) of this section for fiscal	55099
year 2011, but not less than zero, plus one-seventh of the	55100
difference between the telephone property fixed-rate levy loss for	55101
tax year 2011 and the telephone property fixed-rate levy loss for	55102
tax year 2009.	55103

(12) On or before August 31, 2011, October 31, 2011, and May	55104
31, 2012, the amount determined under division (A)(2) of this	55105
section multiplied by a fraction, the numerator of which is	55106
fourteen and the denominator of which is seventeen, but not less	55107
than zero, multiplied by one-third, plus one-half of six-sevenths	55108
of the difference between the telephone property fixed-rate levy	55109
loss for tax year 2011 and the telephone property fixed-rate levy	55110
loss for tax year 2010.	55111

(13) On or before May 31, 2012, fourteen per cent of the	55112
amount determined under division (A)(2) of this section for fiscal	55113
year 2012, multiplied by a fraction, the numerator of which is	55114
fourteen and the denominator of which is seventeen, plus	55115
one-seventh of the difference between the telephone property	55116
fixed-rate levy loss for tax year 2011 and the telephone property	55117
fixed-rate levy loss for tax year 2010.	55118

(14) On or before August 31, 2012, October 31, 2012, and May	55119
31, 2013, the amount determined under division (A)(2) of this	55120
section multiplied by a fraction, the numerator of which is eleven	55121
and the denominator of which is seventeen, but not less than zero,	55122
multiplied by one-third.	55123

(15) On or before August 31, 2013, October 31, 2013, and May	55124
31, 2014, the amount determined under division (A)(2) of this	55125
section multiplied by a fraction, the numerator of which is nine	55126
and the denominator of which is seventeen, but not less than zero,	55127
multiplied by one-third.	55128

(16) On or before August 31, 2014, October 31, 2014, and May	55129
31, 2015, the amount determined under division (A)(2) of this	55130
section multiplied by a fraction, the numerator of which is seven	55131
and the denominator of which is seventeen, but not less than zero,	55132
multiplied by one-third.	55133

(17) On or before August 31, 2015, October 31, 2015, and May	55134
31, 2016, the amount determined under division (A)(2) of this	55135
section multiplied by a fraction, the numerator of which is five	55136
and the denominator of which is seventeen, but not less than zero,	55137
multiplied by one-third.	55138

(18) On or before August 31, 2016, October 31, 2016, and May	55139
31, 2017, the amount determined under division (A)(2) of this	55140
section multiplied by a fraction, the numerator of which is three	55141
and the denominator of which is seventeen, but not less than zero,	55142
multiplied by one-third.	55143

(19) On or before August 31, 2017, October 31, 2017, and May	55144
31, 2018, the amount determined under division (A)(2) of this	55145
section multiplied by a fraction, the numerator of which is one	55146
and the denominator of which is seventeen, but not less than zero,	55147
multiplied by one-third.	55148

~~(20) After May 31, 2018, no payments shall be made under this~~	55149
~~section.~~	55150

The department of education shall report to each school	55151
district and joint vocational school district the apportionment of	55152
the payments among the school district's or joint vocational	55153
school district's funds based on the certifications under division	55154
(F) of section 5751.20 of the Revised Code.	55155

Any qualifying levy that is a fixed-rate levy that is not	55156
applicable to a tax year after 2010 does not qualify for any	55157
reimbursement after the tax year to which it is last applicable.	55158

(C) For taxes levied within the ten-mill limitation for debt	55159
purposes in tax year 2005, payments shall be made equal to one	55160
hundred per cent of the loss computed as if the tax were a	55161
fixed-rate levy, but those payments shall extend from fiscal year	55162
2006 through fiscal year 2018, as long as the qualifying levy	55163
continues to be used for debt purposes. If the purpose of such a	55164
qualifying levy is changed, that levy becomes subject to the	55165
payments determined in division (B) of this section.	55166

(D)(1) Not later than January 1, 2006, for each fixed-sum	55167
levy of each school district or joint vocational school district	55168
and for each year for which a determination is made under division	55169
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	55170
loss is to be reimbursed, the tax commissioner shall certify to	55171
the department of education the fixed-sum levy loss determined	55172
under that division. The certification shall cover a time period	55173
sufficient to include all fixed-sum levies for which the	55174
commissioner made such a determination. The department shall pay	55175
from the school district property tax replacement fund to the	55176
school district or joint vocational school district one-third of	55177
the fixed-sum levy loss so certified for each year on or before	55178
the last day of May, August, and October of the current year.	55179

(2) Beginning in 2006, by the first day of January of each	55180
year, the tax commissioner shall review the certification	55181
originally made under division (D)(1) of this section. If the	55182
commissioner determines that a debt levy that had been scheduled	55183
to be reimbursed in the current year has expired, a revised	55184
certification for that and all subsequent years shall be made to	55185
the department of education.	55186

(E) Beginning in September 2007 and through June 2018, the	55187
director of budget and management shall transfer from the school	55188
district tangible property tax replacement fund to the general	55189
revenue fund each of the following:	55190

(1) On the first day of September, ~~the lesser of~~ one-fourth	55191
of the amount ~~certified~~determined for that fiscal year under	55192
division (A)(1) of this section ~~or the balance in the school~~	55193
~~district tangible property tax replacement fund~~;	55194

(2) On the first day of December, ~~the lesser of~~ one-fourth of	55195
the amount ~~certified~~determined for that fiscal year under	55196
division (A)(1) of this section ~~or the balance in the school~~	55197
~~district tangible property tax replacement fund~~;	55198

(3) On the first day of March, ~~the lesser of~~ one-fourth of	55199
the amount ~~certified~~determined for that fiscal year under	55200
division (A)(1) of this section ~~or the balance in the school~~	55201
~~district tangible property tax replacement fund~~;	55202

(4) On the first day of June, ~~the lesser of~~ one-fourth of the	55203
amount ~~certified~~determined for that fiscal year under division	55204
(A)(1) of this section ~~or the balance in the school district~~	55205
~~tangible property tax replacement fund~~.	55206

If, when a transfer is required under division (E)(1), (2),	55207
(3), or (4) of this section, there is not sufficient money in the	55208
school district tangible property tax replacement fund to make the	55209
transfer in the required amount, the director shall transfer the	55210
balance in the fund to the general revenue fund and may make	55211
additional transfers on later dates as determined by the director	55212
in a total amount that does not exceed one-fourth of the amount	55213
determined for the fiscal year.	55214

(F) For each of the fiscal years 2006 through 2018, if the	55215
total amount in the school district tangible property tax	55216
replacement fund is insufficient to make all payments under	55217
divisions (B), (C), and (D) of this section at the times the	55218
payments are to be made, the director of budget and management	55219
shall transfer from the general revenue fund to the school	55220
district tangible property tax replacement fund the difference	55221
between the total amount to be paid and the amount in the school	55222
district tangible property tax replacement fund. For each fiscal	55223
year after 2018, at the time payments under division (D) of this	55224
section are to be made, the director of budget and management	55225
shall transfer from the general revenue fund to the school	55226
district property tax replacement fund the amount necessary to	55227
make such payments.	55228

(G)(1) On the fifteenth day of June of 2006 through 2011, the	55229
director of budget and management may transfer any balance in the	55230
school district tangible property tax replacement fund to the	55231
general revenue fund. At the end of fiscal years 2012 through	55232
2018, any balance in the school district tangible property tax	55233
replacement fund shall remain in the fund to be used in future	55234
fiscal years for school purposes.	55235

(2) In each fiscal year beginning with fiscal year 2019, all	55236
amounts credited to the school district tangible personal property	55237
tax replacement fund shall be appropriated for school purposes.	55238

(H) If all of the territory of a school district or joint	55239
vocational school district is merged with another district, or if	55240
a part of the territory of a school district or joint vocational	55241
school district is transferred to an existing or newly created	55242
district, the department of education, in consultation with the	55243
tax commissioner, shall adjust the payments made under this	55244
section as follows:	55245

(1) For a merger of two or more districts, the machinery and	55246
equipment, inventory, furniture and fixtures, and telephone	55247
property fixed-rate levy losses and the fixed-sum levy losses of	55248
the successor district shall be equal to the sum of the machinery	55249
and equipment, inventory, furniture and fixtures, and telephone	55250
property fixed-rate levy losses and debt levy losses as determined	55251
in section 5751.20 of the Revised Code, for each of the districts	55252
involved in the merger.	55253

(2) If property is transferred from one district to a	55254
previously existing district, the amount of machinery and	55255
equipment, inventory, furniture and fixtures, and telephone	55256
property tax value losses and fixed-rate levy losses that shall be	55257
transferred to the recipient district shall be an amount equal to	55258
the total machinery and equipment, inventory, furniture and	55259
fixtures, and telephone property fixed-rate levy losses times a	55260
fraction, the numerator of which is the value of business tangible	55261
personal property on the land being transferred in the most recent	55262
year for which data are available, and the denominator of which is	55263
the total value of business tangible personal property in the	55264
district from which the land is being transferred in the most	55265
recent year for which data are available. For each of the first	55266
five years after the property is transferred, but not after fiscal	55267
year 2012, if the tax rate in the recipient district is less than	55268
the tax rate of the district from which the land was transferred,	55269
one-half of the payments arising from the amount of fixed-rate	55270
levy losses so transferred to the recipient district shall be paid	55271
to the recipient district and one-half of the payments arising	55272
from the fixed-rate levy losses so transferred shall be paid to	55273
the district from which the land was transferred. Fixed-rate levy	55274
losses so transferred shall be computed on the basis of the sum of	55275
the rates of fixed-rate qualifying levies of the district from	55276
which the land was transferred, notwithstanding division (D) of	55277
this section.	55278

(3) After December 31, 2004, if property is transferred from	55279
one or more districts to a district that is newly created out of	55280
the transferred property, the newly created district shall be	55281
deemed not to have any machinery and equipment, inventory,	55282
furniture and fixtures, or telephone property fixed-rate levy	55283
losses and the districts from which the property was transferred	55284
shall have no reduction in their machinery and equipment,	55285
inventory, furniture and fixtures, and telephone property	55286
fixed-rate levy losses.	55287

(4) If the recipient district under division (H)(2) of this	55288
section or the newly created district under divisions (H)(3) of	55289
this section is assuming debt from one or more of the districts	55290
from which the property was transferred and any of the districts	55291
losing the property had fixed-sum levy losses, the department of	55292
education, in consultation with the tax commissioner, shall make	55293
an equitable division of the fixed-sum levy loss reimbursements.	55294

Sec. 5751.23. (A) As used in this section:

55295

(1) "Administrative fees" means the dollar percentages	55296
allowed by the county auditor for services or by the county	55297
treasurer as fees, or paid to the credit of the real estate	55298
assessment fund, under divisions (A) and ~~(B)~~(C) of section 319.54	55299
and division (A) of section 321.26 of the Revised Code.	55300

(2) "Administrative fee loss" means a county's loss of	55301
administrative fees due to its tax value loss, determined as	55302
follows:	55303

(a) For purposes of the determination made under division (B)	55304
of this section in the years 2006 through 2010, the administrative	55305
fee loss shall be computed by multiplying the amounts determined	55306
for all taxing districts in the county under divisions (D) and (E)	55307
of section 5751.20 of the Revised Code by nine thousand six	55308
hundred fifty-nine ten-thousandths of one per cent if total taxes	55309
collected in the county in 2004 exceeded one hundred fifty million	55310
dollars, or one and one thousand one hundred fifty-nine	55311
ten-thousandths of one per cent if total taxes collected in the	55312
county in 2004 were one hundred fifty million dollars or less;	55313

(b) For purposes of the determination under division (B) of	55314
this section in the years after 2010, the administrative fee	55315
losses shall be determined by multiplying the administrative fee	55316
losses calculated for 2010 by the fractions in divisions (A)(1)(b)	55317
to (i) of section 5751.22 of the Revised Code.	55318

(3) "Total taxes collected" means all money collected on any	55319
tax duplicate of the county, other than the estate tax duplicates.	55320
"Total taxes collected" does not include amounts received pursuant	55321
to divisions (F) and (G) of section 321.24 or section 323.156 of	55322
the Revised Code.	55323

(B) Not later than December 31, 2005, the tax commissioner	55324
shall certify to each county auditor the tax levy losses	55325
calculated under divisions (D) and (E) of section 5751.20 of the	55326
Revised Code for each school district, joint vocational school	55327
district, and local taxing unit in the county. Not later than the	55328
thirty-first day of January of 2006 through 2017, the county	55329
auditor shall determine the administrative fee loss for the county	55330
and apportion that loss ratably among the school districts, joint	55331
vocational school districts, and local taxing units on the basis	55332
of the tax levy losses certified under this division.	55333

(C) On or before each of the days prescribed for the	55334
settlements under divisions (A) and (C) of section 321.24 of the	55335
Revised Code in the years 2006 through 2017, the county treasurer	55336
shall deduct one-half of the amount apportioned to each school	55337
district, joint vocational school district, and local taxing unit	55338
from the portions of revenue payable to them.	55339

(D) On or before each of the days prescribed for settlements	55340
under divisions (A) and (C) of section 321.24 of the Revised Code	55341
in the years 2006 through 2017, the county auditor shall cause to	55342
be deposited an amount equal to one-half of the amount of the	55343
administrative fee loss in the same funds as if allowed as	55344
administrative fees.	55345

Sec. 5907.15. There is hereby created in the state treasury	55346
the Ohio veterans' homes rental,and service~~, and medicare~~	55347
~~reimbursement~~ fund. Revenue generated from temporary use	55348
agreements of a veterans' home, from the sale of meals at a home's	55349
dining halls, and from rental, lease, or sharing agreements for	55350
the use of facilities, supplies, equipment, utilities, or services	55351
provided by a home~~, and from medicare reimbursements~~ shall be	55352
credited to the fund. The fund shall be used ~~only~~ for maintenance	55353
costs of the homes and for the purchase of medications, medication	55354
services, medical supplies, and medical equipment by the homes.	55355

Sec. 5907.16. There is hereby created in the state treasury	55356
the medicare services fund. Revenue from federal reimbursement of	55357
medicare services that were provided at state veterans' homes	55358
shall be credited to the fund. The fund shall be used for paying	55359
the operating costs of the state veterans' homes.	55360

Sec. 6109.21. (A) Except as provided in divisions (D) and	55361
(E) of this section, on and after January 1, 1994, no person shall	55362
operate or maintain a public water system in this state without a	55363
license issued by the director of environmental protection. A	55364
person who operates or maintains a public water system on January	55365
1, 1994, shall obtain an initial license under this section in	55366
accordance with the following schedule:	55367

(1) If the public water system is a community water system,	55368
not later than January 31, 1994;	55369

(2) If the public water system is not a community water	55370
system and serves a nontransient population, not later than	55371
January 31, 1994;	55372

(3) If the public water system is not a community water	55373
system and serves a transient population, not later than January	55374
31, 1995.	55375

A person proposing to operate or maintain a new public water	55376
system after January 1, 1994, in addition to complying with	55377
section 6109.07 of the Revised Code and rules adopted under it,	55378
shall submit an application for an initial license under this	55379
section to the director prior to commencing operation of the	55380
system.	55381

A license or license renewal issued under this section shall	55382
be renewed annually. Such a license or license renewal shall	55383
expire on the thirtieth day of January in the year following its	55384
issuance. A license holder that proposes to continue operating the	55385
public water system for which the license or license renewal was	55386
issued shall apply for a license renewal at least thirty days	55387
prior to that expiration date.	55388

The director shall adopt, and may amend and rescind, rules in	55389
accordance with Chapter 119. of the Revised Code establishing	55390
procedures governing and information to be included on	55391
applications for licenses and license renewals under this section.	55392
Through June 30, ~~2008~~2010, each application shall be accompanied	55393
by the appropriate fee established under division (M) of section	55394
3745.11 of the Revised Code, provided that an applicant for an	55395
initial license who is proposing to operate or maintain a new	55396
public water system after January 1, 1994, shall submit a fee that	55397
equals a prorated amount of the appropriate fee established under	55398
that division for the remainder of the licensing year.	55399

(B) Not later than thirty days after receiving a completed	55400
application and the appropriate license fee for an initial license	55401
under division (A) of this section, the director shall issue the	55402
license for the public water system. Not later than thirty days	55403
after receiving a completed application and the appropriate	55404
license fee for a license renewal under division (A) of this	55405
section, the director shall do one of the following:	55406

(1) Issue the license renewal for the public water system;

55407

(2) Issue the license renewal subject to terms and conditions	55408
that the director determines are necessary to ensure compliance	55409
with this chapter and rules adopted under it;	55410

(3) Deny the license renewal if the director finds that the	55411
public water system was not operated in substantial compliance	55412
with this chapter and rules adopted under it.	55413

(C) The director may suspend or revoke a license or license	55414
renewal issued under this section if the director finds that the	55415
public water system was not operated in substantial compliance	55416
with this chapter and rules adopted under it. The director shall	55417
adopt, and may amend and rescind, rules in accordance with Chapter	55418
119. of the Revised Code governing such suspensions and	55419
revocations.	55420

(D)(1) As used in division (D) of this section, "church"	55421
means a fellowship of believers, congregation, society,	55422
corporation, convention, or association that is formed primarily	55423
or exclusively for religious purposes and that is not formed or	55424
operated for the private profit of any person.	55425

(2) This section does not apply to a church that operates or	55426
maintains a public water system solely to provide water for that	55427
church or for a campground that is owned by the church and	55428
operated primarily or exclusively for members of the church and	55429
their families. A church that, on or before March 5, 1996, has	55430
obtained a license under this section for such a public water	55431
system need not obtain a license renewal under this section.	55432

(E) This section does not apply to any public or nonpublic	55433
school that meets minimum standards of the state board of	55434
education that operates or maintains a public water system solely	55435
to provide water for that school.	55436

Sec. 6111.0381. There is hereby created in the state treasury	55437
the water quality protection fund. The fund shall consist of	55438
federal grants, including grants made pursuant to the Federal	55439
Water Pollution Control Act, and contributions made to the	55440
environmental protection agency for water quality protection and	55441
restoration. The director of environmental protection shall use	55442
money in the fund for water quality protection and restoration.	55443

Sec. 6111.04. (A) Both of the following apply except as	55444
otherwise provided in division (A) or (F) of this section:	55445

(1) No person shall cause pollution or place or cause to be	55446
placed any sewage, sludge, sludge materials, industrial waste, or	55447
other wastes in a location where they cause pollution of any	55448
waters of the state.	55449

(2) Such an action prohibited under division (A)(1) of this	55450
section is hereby declared to be a public nuisance.	55451

Divisions (A)(1) and (2) of this section do not apply if the	55452
person causing pollution or placing or causing to be placed wastes	55453
in a location in which they cause pollution of any waters of the	55454
state holds a valid, unexpired permit, or renewal of a permit,	55455
governing the causing or placement as provided in sections 6111.01	55456
to 6111.08 of the Revised Code or if the person's application for	55457
renewal of such a permit is pending.	55458

(B) If the director of environmental protection administers a	55459
sludge management program pursuant to division (S) of section	55460
6111.03 of the Revised Code, both of the following apply except as	55461
otherwise provided in division (B) or (F) of this section:	55462

(1) No person, in the course of sludge management, shall	55463
place on land located in the state or release into the air of the	55464
state any sludge or sludge materials.	55465

(2) An action prohibited under division (B)(1) of this	55466
section is hereby declared to be a public nuisance.	55467

Divisions (B)(1) and (2) of this section do not apply if the	55468
person placing or releasing the sludge or sludge materials holds a	55469
valid, unexpired permit, or renewal of a permit, governing the	55470
placement or release as provided in sections 6111.01 to 6111.08 of	55471
the Revised Code or if the person's application for renewal of	55472
such a permit is pending.	55473

(C) No person to whom a permit has been issued shall place or	55474
discharge, or cause to be placed or discharged, in any waters of	55475
the state any sewage, sludge, sludge materials, industrial waste,	55476
or other wastes in excess of the permissive discharges specified	55477
under an existing permit without first receiving a permit from the	55478
director to do so.	55479

(D) No person to whom a sludge management permit has been	55480
issued shall place on the land or release into the air of the	55481
state any sludge or sludge materials in excess of the permissive	55482
amounts specified under the existing sludge management permit	55483
without first receiving a modification of the existing sludge	55484
management permit or a new sludge management permit to do so from	55485
the director.	55486

(E) The director may require the submission of plans,	55487
specifications, and other information that the director considers	55488
relevant in connection with the issuance of permits.	55489

(F) This section does not apply to any of the following:

55490

(1) Waters used in washing sand, gravel, other aggregates, or	55491
mineral products when the washing and the ultimate disposal of the	55492
water used in the washing, including any sewage, industrial waste,	55493
or other wastes contained in the waters, are entirely confined to	55494
the land under the control of the person engaged in the recovery	55495
and processing of the sand, gravel, other aggregates, or mineral	55496
products and do not result in the pollution of waters of the	55497
state;	55498

(2) Water, gas, or other material injected into a well to	55499
facilitate, or that is incidental to, the production of oil, gas,	55500
artificial brine, or water derived in association with oil or gas	55501
production and disposed of in a well, in compliance with a permit	55502
issued under Chapter 1509. of the Revised Code, or sewage,	55503
industrial waste, or other wastes injected into a well in	55504
compliance with an injection well operating permit. Division	55505
(F)(2) of this section does not authorize, without a permit, any	55506
discharge that is prohibited by, or for which a permit is required	55507
by, regulation of the United States environmental protection	55508
agency.	55509

(3) Application of any materials to land for agricultural	55510
purposes or runoff of the materials from that application or	55511
pollution by animal waste or soil sediment, including attached	55512
substances, resulting from farming, silvicultural, or earthmoving	55513
activities regulated by Chapter 307. or 1511. of the Revised Code.	55514
Division (F)(3) of this section does not authorize, without a	55515
permit, any discharge that is prohibited by, or for which a permit	55516
is required by, the Federal Water Pollution Control Act or	55517
regulations adopted under it.	55518

(4) The excrement of domestic and farm animals defecated on	55519
land or runoff therefrom into any waters of the state. Division	55520
(F)(4) of this section does not authorize, without a permit, any	55521
discharge that is prohibited by, or for which a permit is required	55522
by, the Federal Water Pollution Control Act or regulations adopted	55523
under it.	55524

(5) On and after the date on which the United States	55525
environmental protection agency approves the NPDES program	55526
submitted by the director of agriculture under section 903.08 of	55527
the Revised Code, any discharge that is within the scope of the	55528
approved NPDES program submitted by the director of agriculture;	55529

(6) The discharge of sewage, industrial waste, or other	55530
wastes into a sewerage system tributary to a treatment works.	55531
Division (F)(6) of this section does not authorize any discharge	55532
into a publicly owned treatment works in violation of a	55533
pretreatment program applicable to the publicly owned treatment	55534
works.	55535

(7) ~~A household sewage treatment system or a small flow~~	55536
~~on-site sewage treatment system, as applicable, as defined in~~	55537
~~section 3718.01 of the Revised Code that is installed~~Septic tanks	55538
or other disposal systems for the disposal or treatment of sewage	55539
from single-family, two-family, or three-family dwellings in	55540
compliance with ~~Chapter 3718.~~the sanitary code and section	55541
3707.01 of the Revised Code ~~and rules adopted under it~~. Division	55542
(F)(7) of this section does not authorize, without a permit, any	55543
discharge that is prohibited by, or for which a permit is required	55544
by, regulation of the United States environmental protection	55545
agency.	55546

(8) Exceptional quality sludge generated outside of this	55547
state and contained in bags or other containers not greater than	55548
one hundred pounds in capacity. As used in division (F)(8) of this	55549
section, "exceptional quality sludge" has the same meaning as in	55550
division (Y) of section 3745.11 of the Revised Code.	55551

(G) The holder of a permit issued under section 402 (a) of	55552
the Federal Water Pollution Control Act need not obtain a permit	55553
for a discharge authorized by the permit until its expiration	55554
date. Except as otherwise provided in this division, the director	55555
of environmental protection shall administer and enforce those	55556
permits within this state and may modify their terms and	55557
conditions in accordance with division (J) of section 6111.03 of	55558
the Revised Code. On and after the date on which the United States	55559
environmental protection agency approves the NPDES program	55560
submitted by the director of agriculture under section 903.08 of	55561
the Revised Code, the director of agriculture shall administer and	55562
enforce those permits within this state that are issued for any	55563
discharge that is within the scope of the approved NPDES program	55564
submitted by the director of agriculture.	55565

Sec. 6111.44. (A) Except as otherwise provided in division	55566
(B) of this section, in section 6111.14 of the Revised Code, or in	55567
rules adopted under division (G) of section 6111.03 of the Revised	55568
Code, no municipal corporation, county, public institution,	55569
corporation, or officer or employee thereof or other person shall	55570
provide or install sewerage or treatment works for sewage, sludge,	55571
or sludge materials disposal or treatment or make a change in any	55572
sewerage or treatment works until the plans therefor have been	55573
submitted to and approved by the director of environmental	55574
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	55575
to sewerage and treatment works of a municipal corporation or part	55576
thereof, an unincorporated community, a county sewer district, or	55577
other land outside of a municipal corporation or any publicly or	55578
privately owned building or group of buildings or place, used for	55579
the assemblage, entertainment, recreation, education, correction,	55580
hospitalization, housing, or employment of persons.	55581

In granting an approval, the director may stipulate	55582
modifications, conditions, and rules that the public health and	55583
prevention of pollution may require. Any action taken by the	55584
director shall be a matter of public record and shall be entered	55585
in the director's journal. Each period of thirty days that a	55586
violation of this section continues, after a conviction for the	55587
violation, constitutes a separate offense.	55588

(B) Sections 6111.45 and 6111.46 of the Revised Code and	55589
division (A) of this section do not apply to any of the following:	55590

(1) Sewerage or treatment works for sewage installed or to be	55591
installed for the use of a private residence or dwelling;	55592

(2) Sewerage systems, treatment works, or disposal systems	55593
for storm water from an animal feeding facility or manure, as	55594
"animal feeding facility" and "manure" are defined in section	55595
903.01 of the Revised Code;	55596

(3) Animal waste treatment or disposal works and related	55597
management and conservation practices that are subject to rules	55598
adopted under division (E)(2) of section 1511.02 of the Revised	55599
Code;	55600

~~(4) Sewerage or treatment works for the on-lot disposal or~~	55601
~~treatment of sewage from a small flow on-site sewage treatment~~	55602
~~system, as defined in section 3718.01 of the Revised Code, if the~~	55603
~~board of health of a city or general health district has notified~~	55604
~~the director of health and the director of environmental~~	55605
~~protection under section 3718.021 of the Revised Code that the~~	55606
~~board has chosen to regulate the system, provided that the board~~	55607
~~remains in compliance with the rules adopted under division~~	55608
~~(A)(13) of section 3718.02 of the Revised Code~~.	55609

The exclusions established in divisions (B)(2) and (3) of	55610
this section do not apply to the construction or installation of	55611
disposal systems, as defined in section 6111.01 of the Revised	55612
Code, that are located at an animal feeding facility and that	55613
store, treat, or discharge wastewaters that do not include storm	55614
water or manure or that discharge to a publicly owned treatment	55615
works.	55616

Sec. 6119.06. Upon the declaration of the court of common	55617
pleas organizing the regional water and sewer district pursuant to	55618
section 6119.04 of the Revised Code and upon the qualifying of its	55619
board of trustees and the election of a president and a secretary,	55620
said district shall exercise in its own name all the rights,	55621
powers, and duties vested in it by Chapter 6119. of the Revised	55622
Code, and, subject to such reservations, limitations and	55623
qualifications as are set forth in this Chapter, such district	55624
may:	55625

(A) Adopt bylaws for the regulation of its affairs, the	55626
conduct of its business, and notice of its actions;	55627

(B) Adopt an official seal;

55628

(C) Maintain a principal office and suboffices at such places	55629
within the district as it designates;	55630

(D) Sue and plead in its own name; be sued and impleaded in	55631
its own name with respect to its contracts or torts of its	55632
members, employees, or agents acting within the scope of their	55633
employment, or to enforce its obligations and covenants made under	55634
sections 6119.09, 6119.12, and 6119.14 of the Revised Code. Any	55635
such actions against the district shall be brought in the court of	55636
common pleas of the county in which the principal office of the	55637
district is located, or in the court of common pleas of the county	55638
in which the cause of action arose, and all summonses, exceptions,	55639
and notices of every kind shall be served on the district by	55640
leaving a copy thereof at the principal office with the person in	55641
charge thereof or with the secretary of the district;.	55642

(E) Assume any liability or obligation of any person or	55643
political subdivision, including a right on the part of such	55644
district to indemnify and save harmless the other contracting	55645
party from any loss, cost, or liability by reason of the failure,	55646
refusal, neglect, or omission of such district to perform any	55647
agreement assumed by it or to act or discharge any such	55648
obligation;	55649

(F) Make loans and grants to political subdivisions for the	55650
acquisition or construction of water resource projects by such	55651
political subdivisions and adopt rules, regulations, and	55652
procedures for making such loans and grants;	55653

(G) Acquire, construct, reconstruct, enlarge, improve,	55654
furnish, equip, maintain, repair, operate, lease or rent to or	55655
from, or contract for operation by or for, a political subdivision	55656
or person, water resource projects within or without the district;	55657

(H) Make available the use or service of any water resource	55658
project to one or more persons, one or more political	55659
subdivisions, or any combination thereof;	55660

(I) Levy and collect taxes and special assessments;

55661

(J) Issue bonds and notes and refunding bonds and notes as	55662
provided in Chapter 6119. of the Revised Code;	55663

(K) Acquire by gift or purchase, hold, and dispose of real	55664
and personal property in the exercise of its powers and the	55665
performance of its duties under Chapter 6119. of the Revised Code;	55666

(L) Dispose of, by public or private sale, or lease any real	55667
or personal property determined by the board of trustees to be no	55668
longer necessary or needed for the operation or purposes of the	55669
district;	55670

(M) Acquire, in the name of the district, by purchase or	55671
otherwise, on such terms and in such manner as it considers	55672
proper, or by the exercise of the right of condemnation in the	55673
manner provided by section 6119.11 of the Revised Code, such	55674
public or private lands, including public parks, playgrounds, or	55675
reservations, or parts thereof or rights therein, rights-of-way,	55676
property, rights, easements, and interests as it considers	55677
necessary for carrying out Chapter 6119. of the Revised Code, but	55678
excluding the acquisition by the exercise of the right of	55679
condemnation of any waste water facility or water management	55680
facility owned by any person or political subdivision, and	55681
compensation shall be paid for public or private lands so taken;	55682

(N) Adopt rules and regulations to protect augmented flow by	55683
the district in waters of the state, to the extent augmented by a	55684
water resource project, from depletion so it will be available for	55685
beneficial use, to provide standards for the withdrawal from	55686
waters of the state of the augmented flow created by a water	55687
resource project which is not returned to the waters of the state	55688
so augmented, and to establish reasonable charges therefor, if	55689
considered necessary by the district;	55690

(O) Make and enter into all contracts and agreements and	55691
execute all instruments necessary or incidental to the performance	55692
of its duties and the execution of its powers under Chapter 6119.	55693
of the Revised Code;	55694

(P) Enter into contracts with any person or any political	55695
subdivision to render services to such contracting party for any	55696
service the district is authorized to provide;	55697

(Q) Enter into agreements for grants or the receipt and	55698
repayment of loans from a board of township trustees under section	55699
505.705 of the Revised Code;	55700

(R) Make provision for, contract for, or sell any of its	55701
by-products or waste;	55702

~~(R)~~(S) Exercise the power of eminent domain in the manner	55703
provided in Chapter 6119. of the Revised Code;	55704

~~(S)~~(T) Remove or change the location of any fence, building,	55705
railroad, canal, or other structure or improvement located in or	55706
out of the district, and in case it is not feasible or economical	55707
to move any such building, structure, or improvement situated in	55708
or upon lands required, and if the cost is determined by the board	55709
to be less than that of purchase or condemnation, to acquire land	55710
and construct, acquire, or install therein or thereon buildings,	55711
structures, or improvements similar in purpose, to be exchanged	55712
for such buildings, structures, or improvements under contracts	55713
entered into between the owner thereof and the district;	55714

~~(T)~~(U) Receive and accept, from any federal or state agency,	55715
grants for or in aid of the construction of any water resource	55716
project, and receive and accept aid or contributions from any	55717
source of money, property, labor, or other things of value, to be	55718
held, used, and applied only for the purposes for which such	55719
grants and contributions are made;	55720

~~(U)~~(V) Purchase fire and extended coverage and liability	55721
insurance for any water resource project and for the principal	55722
office and suboffices of the district, insurance protecting the	55723
district and its officers and employees against liability for	55724
damage to property or injury to or death of persons arising from	55725
its operations, and any other insurance the district may agree to	55726
provide under any resolution authorizing its water resource	55727
revenue bonds or in any trust agreement securing the same;	55728

~~(V)~~(W) Charge, alter, and collect rentals and other charges	55729
for the use of services of any water resource project as provided	55730
in section 6119.09 of the Revised Code. Such district may refuse	55731
the services of any of its projects if any of such rentals or	55732
other charges, including penalties for late payment, are not paid	55733
by the user thereof, and, if such rentals or other charges are not	55734
paid when due and upon certification of nonpayment to the county	55735
auditor, such rentals or other charges constitute a lien upon the	55736
property so served, shall be placed by ~~him~~the auditor upon the	55737
real property tax list and duplicate, and shall be collected in	55738
the same manner as other taxes;.	55739

~~(W)~~(X) Provide coverage for its employees under Chapters	55740
145., 4123., and 4141. of the Revised Code;	55741

~~(X)~~(Y) Merge or combine with any other regional water and	55742
sewer district into a single district, which shall be one of the	55743
constituent districts, on terms so that the surviving district	55744
shall be possessed of all rights, capacity, privileges, powers,	55745
franchises, and authority of the constituent districts and shall	55746
be subject to all the liabilities, obligations, and duties of each	55747
of the constituent districts and all rights of creditors of such	55748
constituent districts shall be preserved unimpaired, limited in	55749
lien to the property affected by such liens immediately prior to	55750
the time of the merger and all debts, liabilities, and duties of	55751
the respective constituent districts shall thereafter attach to	55752
the surviving district and may be enforced against it, and such	55753
other terms as are agreed upon, provided two-thirds of the members	55754
of each of the boards consent to such merger or combination. Such	55755
merger or combination shall become legally effective unless, prior	55756
to the ninetieth day following the later of the consents,	55757
qualified electors residing in either district equal in number to	55758
a majority of the qualified electors voting at the last general	55759
election in such district file with the secretary of the board of	55760
trustees of their regional water and sewer district a petition of	55761
remonstrance against such merger or combination. The secretary	55762
shall cause the board of elections of the proper county or	55763
counties to check the sufficiency of the signatures on such	55764
petition.	55765

~~(Y)~~(Z) Exercise the powers of the district without obtaining	55766
the consent of any other political subdivision, provided that all	55767
public or private property damaged or destroyed in carrying out	55768
the powers of the district shall be restored or repaired and	55769
placed in its original condition as nearly as practicable or	55770
adequate compensation made therefor by the district;	55771

~~(Z)~~(AA) Require the owner of any premises located within the	55772
district to connect ~~his~~the owner's premises to a water resource	55773
project determined to be accessible to such premises and found to	55774
require such connection so as to prevent or abate pollution or	55775
protect the health and property of persons in the district. Such	55776
connection shall be made in accordance with procedures established	55777
by the board of trustees of such district and pursuant to such	55778
orders as the board may find necessary to ensure and enforce	55779
compliance with such procedures;.	55780

~~(AA)~~(BB) Do all acts necessary or proper to carry out the	55781
powers granted in Chapter 6119. of the Revised Code.	55782

Sec. 6121.04. The Ohio water development authority may do	55783
any or all of the following:	55784

(A) Adopt bylaws for the regulation of its affairs and the	55785
conduct of its business;	55786

(B) Adopt an official seal;

55787

(C) Maintain a principal office and suboffices at places	55788
within the state that it designates;	55789

(D) Sue and plead in its own name and be sued and impleaded	55790
in its own name with respect to its contracts or torts of its	55791
members, employees, or agents acting within the scope of their	55792
employment, or to enforce its obligations and covenants made under	55793
sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any	55794
such actions against the authority shall be brought in the court	55795
of common pleas of the county in which the principal office of the	55796
authority is located or in the court of common pleas of the county	55797
in which the cause of action arose, provided that the county is	55798
located within this state, and all summonses, exceptions, and	55799
notices of every kind shall be served on the authority by leaving	55800
a copy thereof at the principal office with the person in charge	55801
thereof or with the secretary-treasurer of the authority.	55802

(E) Make loans and grants to governmental agencies for the	55803
acquisition or construction of water development projects by any	55804
such governmental agency and adopt rules and procedures for making	55805
such loans and grants;	55806

(F) Acquire, construct, reconstruct, enlarge, improve,	55807
furnish, equip, maintain, repair, operate, or lease or rent to, or	55808
contract for operation by, a governmental agency or person, water	55809
development projects, and establish rules for the use of those	55810
projects;	55811

(G) Make available the use or services of any water	55812
development project to one or more persons, one or more	55813
governmental agencies, or any combination thereof;	55814

(H) Issue water development revenue bonds and notes and water	55815
development revenue refunding bonds of the state, payable solely	55816
from revenues as provided in section 6121.06 of the Revised Code,	55817
unless the bonds are refunded by refunding bonds, for the purpose	55818
of paying any part of the cost of one or more water development	55819
projects or parts thereof;	55820

(I) Acquire by gift or purchase, hold, and dispose of real	55821
and personal property in the exercise of its powers and the	55822
performance of its duties under this chapter;	55823

(J) Acquire, in the name of the state, by purchase or	55824
otherwise, on terms and in the manner that it considers proper, or	55825
by the exercise of the right of condemnation in the manner	55826
provided by section 6121.18 of the Revised Code, public or private	55827
lands, including public parks, playgrounds, or reservations, or	55828
parts thereof or rights therein, rights-of-way, property, rights,	55829
easements, and interests that it considers necessary for carrying	55830
out this chapter, but excluding the acquisition by the exercise of	55831
the right of condemnation of any waste water facility or water	55832
management facility owned by any person or governmental agency,	55833
and compensation shall be paid for public or private lands so	55834
taken, except that a government-owned waste water facility may be	55835
appropriated in accordance with section 6121.041 of the Revised	55836
Code;	55837

(K) Adopt rules to protect augmented flow in waters of the	55838
state, to the extent augmented by a water development project,	55839
from depletion so it will be available for beneficial use, and to	55840
provide standards for the withdrawal from waters of the state of	55841
the augmented flow created by a water development project that is	55842
not returned to the waters of the state so augmented and to	55843
establish reasonable charges therefor if considered necessary by	55844
the authority;	55845

(L) Make and enter into all contracts and agreements and	55846
execute all instruments necessary or incidental to the performance	55847
of its duties and the execution of its powers under this chapter	55848
in accordance with the following requirements:	55849

(1) When the cost under any such contract or agreement, other	55850
than compensation for personal services, involves an expenditure	55851
of more than twenty-five thousand dollars, the authority shall	55852
make a written contract with the lowest responsive and responsible	55853
bidder, in accordance with section 9.312 of the Revised Code,	55854
after advertisement for not less than two consecutive weeks in a	55855
newspaper of general circulation in Franklin county, and in other	55856
publications that the authority determines, which shall state the	55857
general character of the work and the general character of the	55858
materials to be furnished, the place where plans and	55859
specifications therefor may be examined, and the time and place of	55860
receiving bids, provided that a contract or lease for the	55861
operation of a water development project constructed and owned by	55862
the authority or an agreement for cooperation in the acquisition	55863
or construction of a water development project pursuant to section	55864
6121.13 of the Revised Code or any contract for the construction	55865
of a water development project that is to be leased by the	55866
authority to, and operated by, persons who are not governmental	55867
agencies and the cost of the project is to be amortized	55868
exclusively from rentals or other charges paid to the authority by	55869
persons who are not governmental agencies is not subject to the	55870
foregoing requirements and the authority may enter into such a	55871
contract or lease or such an agreement pursuant to negotiation and	55872
upon terms and conditions and for the period that it finds to be	55873
reasonable and proper in the circumstances and in the best	55874
interests of proper operation or of efficient acquisition or	55875
construction of the project.	55876

(2) Each bid for a contract for the construction, demolition,	55877
alteration, repair, or reconstruction of an improvement shall	55878
contain the full name of every person interested in it and shall	55879
meet the requirements of section 153.54 of the Revised Code.	55880

(3) Each bid for a contract except as provided in division	55881
(L)(2) of this section shall contain the full name of every person	55882
or company interested in it and shall be accompanied by a	55883
sufficient bond or certified check on a solvent bank that if the	55884
bid is accepted, a contract will be entered into and the	55885
performance thereof secured.	55886

(4) The authority may reject any and all bids.

55887

(5) A bond with good and sufficient surety, approved by the	55888
authority, shall be required of every contractor awarded a	55889
contract except as provided in division (L)(2) of this section, in	55890
an amount equal to at least fifty per cent of the contract price,	55891
conditioned upon the faithful performance of the contract.	55892

(M) Employ managers, superintendents, and other employees and	55893
retain or contract with consulting engineers, financial	55894
consultants, accounting experts, architects, attorneys, and other	55895
consultants and independent contractors that are necessary in its	55896
judgment to carry out this chapter, and fix the compensation	55897
thereof. All expenses thereof shall be payable solely from the	55898
proceeds of water development revenue bonds or notes issued under	55899
this chapter, from revenues, or from funds appropriated for that	55900
purpose by the general assembly.	55901

(N) Receive and accept from any federal agency, subject to	55902
the approval of the governor, grants for or in aid of the	55903
construction of any water development project or for research and	55904
development with respect to waste water or water management	55905
facilities, and receive and accept aid or contributions from any	55906
source of money, property, labor, or other things of value, to be	55907
held, used, and applied only for the purposes for which the grants	55908
and contributions are made;	55909

(O) Engage in research and development with respect to waste	55910
water or water management facilities;	55911

(P) Purchase fire and extended coverage and liability	55912
insurance for any water development project and for the principal	55913
office and suboffices of the authority, insurance protecting the	55914
authority and its officers and employees against liability for	55915
damage to property or injury to or death of persons arising from	55916
its operations, and any other insurance the authority may agree to	55917
provide under any resolution authorizing its water development	55918
revenue bonds or in any trust agreement securing the same;	55919

(Q) Charge, alter, and collect rentals and other charges for	55920
the use or services of any water development project as provided	55921
in section 6121.13 of the Revised Code;	55922

(R) Provide coverage for its employees under Chapters 145.,	55923
4123., and 4141. of the Revised Code;	55924

(S) Assist in the implementation and administration of the	55925
drinking water assistance fund and program created in section	55926
6109.22 of the Revised Code and the water pollution control loan	55927
fund and program created in section 6111.036 of the Revised Code,	55928
including, without limitation, performing or providing fiscal	55929
management for the funds and investing and disbursing moneys in	55930
the funds, and enter into all necessary and appropriate agreements	55931
with the director of environmental protection for those purposes;	55932

(T) Issue water development revenue bonds and notes of the	55933
state in principal amounts that are necessary for the purpose of	55934
raising moneys for the sole benefit of the water pollution control	55935
loan fund created in section 6111.036 of the Revised Code,	55936
including moneys to meet the requirement for providing matching	55937
moneys under division (D) of that section. The bonds and notes may	55938
be secured by appropriate trust agreements and repaid from moneys	55939
credited to the fund from payments of principal and interest on	55940
loans made from the fund, as provided in division (F) of section	55941
6111.036 of the Revised Code.	55942

(U) Issue water development revenue bonds and notes of the	55943
state in principal amounts that are necessary for the purpose of	55944
raising moneys for the sole benefit of the drinking water	55945
assistance fund created in section 6109.22 of the Revised Code,	55946
including moneys to meet the requirement for providing matching	55947
moneys under divisions (B) and (F) of that section. The bonds and	55948
notes may be secured by appropriate trust agreements and repaid	55949
from moneys credited to the fund from payments of principal and	55950
interest on loans made from the fund, as provided in division (F)	55951
of section 6109.22 of the Revised Code.	55952

(V) Make loans to and enter into agreements with boards of	55953
county commissioners for the purposes of section ~~1521.26~~1506.44	55954
of the Revised Code and adopt rules establishing requirements and	55955
procedures for making the loans and entering into the agreements;	55956

(W) Do all acts necessary or proper to carry out the powers	55957
expressly granted in this chapter.	55958

Any instrument by which real property is acquired pursuant to	55959
this section shall identify the agency of the state that has the	55960
use and benefit of the real property as specified in section	55961
5301.012 of the Revised Code.	55962

Sec. 6131.23. The assessments estimated in accordance with	55963
section 6131.14 of the Revised Code shall be payable in not less	55964
than two semiannual installments. At the time of the final	55965
hearing, in the order approving the levying of the assessments,	55966
the board of county commissioners shall determine how long a	55967
period of time, in semiannual installments, as taxes are paid,	55968
shall be given the owners of land benefited to pay the assessments	55969
that are made for an improvement and whether or not bonds or notes	55970
shall be issued and sold in anticipation of such payments. If	55971
bonds or notes are to be issued, the interest shall be added to	55972
the assessments. If the estimated cost of the improvement does not	55973
exceed five hundred dollars, not more than two semiannual	55974
installments, as taxes are paid, shall be given to owners of lands	55975
benefited to pay the assessments that are made for the	55976
improvement. If the estimated cost of the improvement exceeds five	55977
hundred dollars, the board may determine the number of	55978
installments in which the assessments are to be paid. If any such	55979
assessment is twenty-five dollars or less, or whenever the unpaid	55980
balance of any such assessment is twenty-five dollars or less, the	55981
same shall be paid in full, and not in installments, at the time	55982
the first or next installment would otherwise become due.	55983

When assessments are payable in installments and county	55984
general funds are used to pay for the improvement, the assessment	55985
shall not exceed ~~ten~~thirty semiannual installments, as computed	55986
by the county auditor pursuant to section 6131.49 of the Revised	55987
Code, and shall be payable upon completion of the contract.	55988

When assessments are made payable in installments and bonds	55989
or notes have been sold to pay for the improvement, interest shall	55990
be added to the installments of assessments at the same rate as is	55991
drawn by the bonds or notes issued to pay for the improvements.	55992
Any owner may pay the estimated assessments on the owner's land	55993
in cash within thirty days after the final hearing without paying	55994
any interest thereon. If the legislative authority of a political	55995
subdivision chooses to pay the assessments on all parcels within	55996
the subdivision, both public and private, in one installment, it	55997
shall pass a resolution so stating and shall send the resolution,	55998
or a copy thereof, to the board of county commissioners before	55999
making the payment. The legislative authority shall pay all	56000
subsequent maintenance assessments levied under section 6137.03 of	56001
the Revised Code if it chooses to pay the construction assessments	56002
on all parcels within the subdivision.	56003

Bonds may be sold for any repayment period that the board of	56004
county commissioners may determine proper, not to exceed ~~sixteen~~	56005
thirty semiannual installments, except that for bonds sold by a	56006
board of county commissioners for soil and water conservation	56007
district improvements pursuant to section 1515.24 of the Revised	56008
Code, the repayment period shall not exceed thirty semiannual	56009
installments.	56010

Section 101.02. That existing sections 9.30, 9.821, 9.822,	56011
9.823, 9.83, 107.12, 107.40, 109.572, 109.93, 111.18, 117.11,	56012
119.07, 120.33, 122.17, 122.171, 122.602, 122.652, 124.152,	56013
125.01, 125.02, 125.021, 125.022, 125.023, 125.04, 125.041,	56014
125.05, 125.06, 125.07, 125.071, 125.072, 125.073, 125.08,	56015
125.081, 125.082, 125.09, 125.10, 125.11, 125.15, 125.18, 125.25,	56016
125.30, 125.45, 125.93, 125.96, 125.97, 125.98, 126.07, 126.08,	56017
126.16, 126.21, 126.22, 127.16, 131.44, 133.01, 149.311, 151.08,	56018
151.40, 156.02, 164.03, 164.08, 164.09, 166.08, 173.04, 173.35,	56019
173.85, 173.86, 174.03, 174.06, 183.01, 183.021, 183.17, 183.33,	56020
183.34, 183.35, 305.31, 307.37, 307.672, 307.695, 307.98, 307.981,	56021
308.04, 317.08, 319.202, 319.281, 319.54, 322.01, 323.131,	56022
323.151, 323.152, 323.153, 323.154, 325.31, 329.04, 329.05,	56023
329.14, 340.03, 505.37, 505.376, 505.705, 517.08, 519.12, 521.01,	56024
711.05, 711.10, 711.131, 718.051, 718.13, 1306.20, 1306.21,	56025
1347.06, 1503.05, 1504.02, 1506.01, 1506.99, 1513.08, 1513.18,	56026
1514.081, 1514.40, 1521.01, 1521.20, 1521.21, 1521.22, 1521.23,	56027
1521.24, 1521.25, 1521.26, 1521.27, 1521.28, 1521.29, 1521.30,	56028
1521.99, 1531.06, 1531.35, 1555.08, 1557.03, 2113.041, 2117.061,	56029
2117.25, 2151.362, 2913.40, 2921.42, 2927.023, 2935.03, 3109.04,	56030
3109.041, 3119.022, 3119.023, 3119.27, 3119.29, 3119.30, 3125.12,	56031
3301.0711, 3301.0714, 3301.0718, 3301.311, 3301.53, 3302.03,	56032
3302.10, 3311.24, 3313.603, 3313.615, 3313.64, 3313.646, 3313.66,	56033
3313.661, 3313.98, 3314.015, 3314.02, 3314.074, 3314.08, 3317.01,	56034
3317.012, 3317.013, 3317.014, 3317.015, 3317.016, 3317.017,	56035
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.025,	56036
3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217,	56037
3317.03, 3317.04, 3317.05, 3317.052, 3317.06, 3317.063, 3317.08,	56038
3317.16, 3317.20, 3317.201, 3318.01, 3318.011, 3318.023, 3318.12,	56039
3318.15, 3318.26, 3318.36, 3319.55, 3323.01, 3323.11, 3327.05,	56040
3333.04, 3333.122, 3333.38, 3345.05, 3345.32, 3353.02, 3354.10,	56041
3355.01, 3357.01, 3357.10, 3358.06, 3365.01, 3381.04, 3501.01,	56042
3501.05, 3501.11, 3501.17, 3501.31, 3505.062, 3505.063, 3505.23,	56043
3513.21, 3517.106, 3517.11, 3599.17, 3599.19, 3599.37, 3701.74,	56044
3701.741, 3701.83, 3702.52, 3702.5211, 3702.5212, 3702.5213,	56045
3702.57, 3702.63, 3702.68, 3704.03, 3704.14, 3705.24, 3709.09,	56046
3709.091, 3721.51, 3721.541, 3721.56, 3734.57, 3735.672, 3743.17,	56047
3743.19, 3743.25, 3743.75, 3745.11, 3767.41, 3769.087, 3770.03,	56048
3770.06, 3905.36, 3923.281, 4141.09, 4301.20, 4301.24, 4301.43,	56049
4303.03, 4503.06, 4503.061, 4503.064, 4503.065, 4503.066,	56050
4503.067, 4503.10, 4503.102, 4503.35, 4505.06, 4511.101, 4513.263,	56051
4513.35, 4715.251, 4717.07, 4723.621, 4723.63, 4723.64, 4723.65,	56052
4723.66, 4731.142, 4731.22, 4735.10, 4735.141, 4736.01, 4743.05,	56053
4755.03, 4766.05, 4775.08, 4921.40, 5101.141, 5101.162, 5101.21,	56054
5101.211, 5101.212, 5101.213, 5101.24, 5101.242, 5101.244,	56055
5101.27, 5101.51, 5101.571, 5101.572, 5101.58, 5101.59, 5101.802,	56056
5101.98, 5104.30, 5107.02, 5107.03, 5107.05, 5107.10, 5107.12,	56057
5107.14, 5107.16, 5107.17, 5107.281, 5107.30, 5107.36, 5107.41,	56058
5107.42, 5111.01, 5111.011, 5111.014, 5111.016, 5111.019,	56059
5111.0111, 5111.0112, 5111.023, 5111.03, 5111.06, 5111.084,	56060
5111.10, 5111.101, 5111.11, 5111.112, 5111.113, 5111.163, 5111.17,	56061
5111.172, 5111.20, 5111.851, 5111.871, 5111.8814, 5111.89,	56062
5111.891, 5111.915, 5111.95, 5111.96, 5112.341, 5115.12, 5119.611,	56063
5123.01, 5123.043, 5123.045, 5123.047, 5123.048, 5123.049,	56064
5123.0411, 5123.051, 5123.19, 5123.196, 5123.198, 5123.20,	56065
5123.211, 5123.38, 5123.41, 5123.51, 5123.60, 5123.602, 5123.99,	56066
5126.038, 5126.042, 5126.046, 5126.054, 5126.055, 5126.056,	56067
5126.057, 5126.06, 5126.12, 5126.15, 5126.18, 5126.19, 5126.25,	56068
5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5139.43, 5302.30,	56069
5323.01, 5323.02, 5323.99, 5528.54, 5531.10, 5537.04, 5537.16,	56070
5537.99, 5703.57, 5703.80, 5705.01, 5705.214, 5705.25, 5705.29,	56071
5705.44, 5709.68, 5711.01, 5713.011, 5725.24, 5727.06, 5727.45,	56072
5727.81, 5727.84, 5727.85, 5727.87, 5733.12, 5733.39, 5733.98,	56073
5739.02, 5739.032, 5739.033, 5739.09, 5739.12, 5739.122, 5739.21,	56074
5741.02, 5741.03, 5741.121, 5743.01, 5743.20, 5745.02, 5745.05,	56075
5745.13, 5747.01, 5747.03, 5747.47, 5747.50, 5747.501, 5747.51,	56076
5747.54, 5747.98, 5748.01, 5748.02, 5748.021, 5749.02, 5751.20,	56077
5751.21, 5751.23, 5907.15, 6109.21, 6111.04, 6111.44, 6119.06,	56078
6121.04, and 6131.23 of the Revised Code are hereby repealed.	56079

Section 105.01. That sections 125.95, 183.02, 183.27, 183.32,	56080
3318.47, 3318.48, 3318.49, 3333.29, 3718.01, 3718.02, 3718.021,	56081
3718.03, 3718.04, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09,	56082
3718.10, 3718.99, 4911.021, 5111.161, 5123.16, 5123.182, 5123.199,	56083
5126.035, 5126.036, 5126.053, 5126.431, 5126.44, 5126.451,	56084
5743.331, 5747.61, 5747.62, 5747.63, and 6111.441 of the Revised	56085
Code are hereby repealed.	56086

Section 105.03. That the version of section 3702.68 of the	56087
Revised Code that was to have taken effect July 1, 2007, as a	56088
result of Sections 3 to 5 of Am. Sub. S.B. 50 of the 121st General	56089
Assembly, as most recently amended by Am. Sub. H.B. 66 of the	56090
126th General Assembly, is hereby repealed. It is the intent of	56091
this section to prevent the amendment of section 3702.68 of the	56092
Revised Code that was to have taken effect July 1, 2007.	56093

Section 110.07. That the version of section 127.16 of the	56094
Revised Code that is scheduled to take effect July 1, 2007, be	56095
amended to read as follows:	56096

Sec. 127.16. (A) Upon the request of either a state agency	56097
or the director of budget and management and after the controlling	56098
board determines that an emergency or a sufficient economic reason	56099
exists, the controlling board may approve the making of a purchase	56100
without competitive selection as provided in division (B) of this	56101
section.	56102

(B) Except as otherwise provided in this section, no state	56103
agency, using money that has been appropriated to it directly,	56104
shall:	56105

(1) Make any purchase from a particular supplier, that would	56106
amount to fifty thousand dollars or more when combined with both	56107
the amount of all disbursements to the supplier during the fiscal	56108
year for purchases made by the agency and the amount of all	56109
outstanding encumbrances for purchases made by the agency from the	56110
supplier, unless the purchase is made by competitive selection or	56111
with the approval of the controlling board;	56112

(2) Lease real estate from a particular supplier, if the	56113
lease would amount to seventy-five thousand dollars or more when	56114
combined with both the amount of all disbursements to the supplier	56115
during the fiscal year for real estate leases made by the agency	56116
and the amount of all outstanding encumbrances for real estate	56117
leases made by the agency from the supplier, unless the lease is	56118
made by competitive selection or with the approval of the	56119
controlling board.	56120

(C) Any person who authorizes a purchase in violation of	56121
division (B) of this section shall be liable to the state for any	56122
state funds spent on the purchase, and the attorney general shall	56123
collect the amount from the person.	56124

(D) Nothing in division (B) of this section shall be	56125
construed as:	56126

(1) A limitation upon the authority of the director of	56127
transportation as granted in sections 5501.17, 5517.02, and	56128
5525.14 of the Revised Code;	56129

(2) Applying to medicaid provider agreements under Chapter	56130
5111. of the Revised Code or payments or provider agreements under	56131
the disability medical assistance program established under	56132
Chapter 5115. of the Revised Code;	56133

(3) Applying to the purchase of examinations from a sole	56134
supplier by a state licensing board under Title XLVII of the	56135
Revised Code;	56136

(4) Applying to entertainment contracts for the Ohio state	56137
fair entered into by the Ohio expositions commission, provided	56138
that the controlling board has given its approval to the	56139
commission to enter into such contracts and has approved a total	56140
budget amount for such contracts as agreed upon by commission	56141
action, and that the commission causes to be kept itemized records	56142
of the amounts of money spent under each contract and annually	56143
files those records with the clerk of the house of representatives	56144
and the clerk of the senate following the close of the fair;	56145

(5) Limiting the authority of the chief of the division of	56146
mineral resources management to contract for reclamation work with	56147
an operator mining adjacent land as provided in section 1513.27 of	56148
the Revised Code;	56149

(6) Applying to investment transactions and procedures of any	56150
state agency, except that the agency shall file with the board the	56151
name of any person with whom the agency contracts to make, broker,	56152
service, or otherwise manage its investments, as well as the	56153
commission, rate, or schedule of charges of such person with	56154
respect to any investment transactions to be undertaken on behalf	56155
of the agency. The filing shall be in a form and at such times as	56156
the board considers appropriate.	56157

(7) Applying to purchases made with money for the per cent	56158
for arts program established by section 3379.10 of the Revised	56159
Code;	56160

(8) Applying to purchases made by the rehabilitation services	56161
commission of services, or supplies, that are provided to persons	56162
with disabilities, or to purchases made by the commission in	56163
connection with the eligibility determinations it makes for	56164
applicants of programs administered by the social security	56165
administration;	56166

(9) Applying to payments by the department of job and family	56167
services under section 5111.13 of the Revised Code for group	56168
health plan premiums, deductibles, coinsurance, and other	56169
cost-sharing expenses;	56170

(10) Applying to any agency of the legislative branch of the	56171
state government;	56172

(11) Applying to agreements or contracts entered into under	56173
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	56174
Revised Code;	56175

(12) Applying to purchases of services by the adult parole	56176
authority under section 2967.14 of the Revised Code or by the	56177
department of youth services under section 5139.08 of the Revised	56178
Code;	56179

(13) Applying to dues or fees paid for membership in an	56180
organization or association;	56181

(14) Applying to purchases of utility services pursuant to	56182
section 9.30 of the Revised Code;	56183

(15) Applying to purchases made in accordance with rules	56184
adopted by the department of administrative services of motor	56185
vehicle, aviation, or watercraft fuel, or emergency repairs of	56186
such vehicles;	56187

(16) Applying to purchases of tickets for passenger air	56188
transportation;	56189

(17) Applying to purchases necessary to provide public	56190
notifications required by law or to provide notifications of job	56191
openings;	56192

(18) Applying to the judicial branch of state government;

56193

(19) Applying to purchases of liquor for resale by the	56194
division of liquor control;	56195

(20) Applying to purchases of motor courier and freight	56196
services made in accordance with department of administrative	56197
services rules;	56198

(21) Applying to purchases from the United States postal	56199
service and purchases of stamps and postal meter replenishment	56200
from vendors at rates established by the United States postal	56201
service;	56202

(22) Applying to purchases of books, periodicals, pamphlets,	56203
newspapers, maintenance subscriptions, and other published	56204
materials;	56205

(23) Applying to purchases from other state agencies,	56206
including state-assisted institutions of higher education;	56207

(24) Limiting the authority of the director of environmental	56208
protection to enter into contracts under division (D) of section	56209
3745.14 of the Revised Code to conduct compliance reviews, as	56210
defined in division (A) of that section;	56211

(25) Applying to purchases from a qualified nonprofit agency	56212
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	56213
the Revised Code;	56214

(26) Applying to payments by the department of job and family	56215
services to the United States department of health and human	56216
services for printing and mailing notices pertaining to the tax	56217
refund offset program of the internal revenue service of the	56218
United States department of the treasury;	56219

(27) Applying to contracts entered into by the department of	56220
mental retardation and developmental disabilities under ~~sections~~	56221
section 5123.18~~, 5123.182, and 5123.199~~ of the Revised Code;	56222

(28) Applying to payments made by the department of mental	56223
health under a physician recruitment program authorized by section	56224
5119.101 of the Revised Code;	56225

(29) Applying to contracts entered into with persons by the	56226
director of commerce for unclaimed funds collection and remittance	56227
efforts as provided in division (F) of section 169.03 of the	56228
Revised Code. The director shall keep an itemized accounting of	56229
unclaimed funds collected by those persons and amounts paid to	56230
them for their services.	56231

(30) Applying to purchases made by a state institution of	56232
higher education in accordance with the terms of a contract	56233
between the vendor and an inter-university purchasing group	56234
comprised of purchasing officers of state institutions of higher	56235
education;	56236

(31) Applying to the department of job and family services'	56237
purchases of health assistance services under the children's	56238
health insurance program part I provided for under section 5101.50	56239
of the Revised Code or the children's health insurance program	56240
part II provided for under section 5101.51 of the Revised Code;	56241

(32) Applying to payments by the attorney general from the	56242
reparations fund to hospitals and other emergency medical	56243
facilities for performing medical examinations to collect physical	56244
evidence pursuant to section 2907.28 of the Revised Code;	56245

(33) Applying to contracts with a contracting authority or	56246
administrative receiver under division (B) of section 5126.056 of	56247
the Revised Code;	56248

(34) Applying to reimbursements paid to the United States	56249
department of veterans affairs for pharmaceutical and patient	56250
supply purchases made on behalf of the Ohio veterans' home agency;	56251

(35) Applying to agreements entered into with terminal	56252
distributors of dangerous drugs under section 173.79 of the	56253
Revised Code;	56254

(36) Applying to payments by the superintendent of the bureau	56255
of criminal identification and investigation to the federal bureau	56256
of investigation for criminal records checks pursuant to section	56257
109.572 of the Revised Code.	56258

(E) Notwithstanding division (B)(1) of this section, the	56259
cumulative purchase threshold shall be seventy-five thousand	56260
dollars for the departments of mental retardation and	56261
developmental disabilities, mental health, rehabilitation and	56262
correction, and youth services.	56263

(F) When determining whether a state agency has reached the	56264
cumulative purchase thresholds established in divisions (B)(1),	56265
(B)(2), and (E) of this section, all of the following purchases by	56266
such agency shall not be considered:	56267

(1) Purchases made through competitive selection or with	56268
controlling board approval;	56269

(2) Purchases listed in division (D) of this section;

56270

(3) For the purposes of the thresholds of divisions (B)(1)	56271
and (E) of this section only, leases of real estate.	56272

(G) As used in this section, "competitive selection,"	56273
"purchase," "supplies," and "services" have the same meanings as	56274
in section 125.01 of the Revised Code.	56275

Section 110.08. That the existing version of section 127.16	56276
of the Revised Code that is scheduled to take effect July 1, 2007,	56277
is hereby repealed.	56278

Section 115.03. That section 5101.213 of the Revised Code is	56279
hereby repealed, effective July 1, 2008.	56280

Section 130.01. As is more completely explained in Sections	56281
130.02 and 130.03 that follow, this act, pursuant to Section	56282
611.03 of Am. Sub. H.B. 66 of the 126th General Assembly, confirms	56283
and orders implementation of the amendments and the enactment	56284
referred to in Section 611.03, the taking effect of which	56285
amendments and enactment by Am. Sub. H.B. 66 was postponed in	56286
whole or in part by Section 611.03 pending this confirmation and	56287
order.	56288

Section 130.02. (A)(1) Section 9.833 of the Revised Code is	56289
presented in division (B) of this section solely for the purpose	56290
of confirming the section and ordering its implementation as it	56291
results from Am. Sub. H.B. 46 and Am. Sub. H.B. 66 of the 126th	56292
General Assembly. Sections 3111.19, 3313.12, and 4117.08 of the	56293
Revised Code are presented in division (B) of this section solely	56294
for the purpose of confirming the sections and ordering their	56295
implementation as they result from Am. Sub. H.B. 66 of the 126th	56296
General Assembly. No other action is being taken with regard to	56297
these sections.	56298

(2) Section 9.90 of the Revised Code is presented in division	56299
(B) of this section for the purposes of confirming the section and	56300
ordering its implementation as it results from Am. Sub. H.B. 66	56301
and Sub. H.B. 193 of the 126th General Assembly and of amending	56302
the section to read as directed by this act. Section 9.901 of the	56303
Revised Code is presented in division (B) of this section for the	56304
purposes of confirming the section and ordering its complete	56305
implementation as it results from Am. Sub. H.B. 66 of the 126th	56306
General Assembly and as it was subsequently amended by Am. Sub.	56307
H.B. 530 of the 126th General Assembly and of amending the section	56308
to read as directed by this act. Sections 3313.202, 3313.33, and	56309
4117.03 of the Revised Code are presented in division (B) of this	56310
section for the purposes of confirming the sections and ordering	56311
their implementation as they result from Am. Sub. H.B. 66 of the	56312
126th General Assembly and of amending the sections to read as	56313
directed by this act.	56314

(B) Sections 9.833, 9.90, 9.901, 3311.19, 3313.12, 3313.202,	56315
3313.33, 4117.03, and 4117.08 of the Revised Code are presented in	56316
this division as explained in divisions (A)(1) and (2) of this	56317
section:	56318

Sec. 9.833. (A) As used in this section, "political	56319
subdivision" means a municipal corporation, township, county, or	56320
other body corporate and politic responsible for governmental	56321
activities in a geographic area smaller than that of the state,	56322
and agencies and instrumentalities of these entities. For purposes	56323
of this section, a school district is not a "political	56324
subdivision."	56325

(B) Political subdivisions that provide health care benefits	56326
for their officers or employees may do any of the following:	56327

(1) Establish and maintain an individual self-insurance	56328
program with public moneys to provide authorized health care	56329
benefits, including but not limited to, health care, prescription	56330
drugs, dental care, and vision care, in accordance with division	56331
(C) of this section;	56332

(2) Establish and maintain a health savings account program	56333
whereby employees or officers may establish and maintain health	56334
savings accounts in accordance with section 223 of the Internal	56335
Revenue Code. Public moneys may be used to pay for or fund	56336
federally qualified high deductible health plans that are linked	56337
to health savings accounts or to make contributions to health	56338
savings accounts. A health savings account program may be a part	56339
of a self-insurance program.	56340

(3) After establishing an individual self-insurance program,	56341
agree with other political subdivisions that have established	56342
individual self-insurance programs for health care benefits, that	56343
their programs will be jointly administered in a manner specified	56344
in the agreement;	56345

(4) Pursuant to a written agreement and in accordance with	56346
division (C) of this section, join in any combination with other	56347
political subdivisions to establish and maintain a joint	56348
self-insurance program to provide health care benefits;	56349

(5) Pursuant to a written agreement, join in any combination	56350
with other political subdivisions to procure or contract for	56351
policies, contracts, or plans of insurance to provide health care	56352
benefits, which may include a health savings account program, for	56353
their officers and employees subject to the agreement;	56354

(6) Use in any combination any of the policies, contracts,	56355
plans, or programs authorized under this division.	56356

(C) Except as otherwise provided in division (E) of this	56357
section, the following apply to individual or joint self-insurance	56358
programs established pursuant to this section:	56359

(1) Such funds shall be reserved as are necessary, in the	56360
exercise of sound and prudent actuarial judgment, to cover	56361
potential cost of health care benefits for the officers and	56362
employees of the political subdivision. A report of amounts so	56363
reserved and disbursements made from such funds, together with a	56364
written report of a member of the American academy of actuaries	56365
certifying whether the amounts reserved conform to the	56366
requirements of this division, are computed in accordance with	56367
accepted loss reserving standards, and are fairly stated in	56368
accordance with sound loss reserving principles, shall be prepared	56369
and maintained, within ninety days after the last day of the	56370
fiscal year of the entity for which the report is provided for	56371
that fiscal year, in the office of the program administrator	56372
described in division (C)(3) of this section.	56373

The report required by division (C)(1) of this section shall	56374
include, but not be limited to, disbursements made for the	56375
administration of the program, including claims paid, costs of the	56376
legal representation of political subdivisions and employees, and	56377
fees paid to consultants.	56378

The program administrator described in division (C)(3) of	56379
this section shall make the report required by this division	56380
available for inspection by any person at all reasonable times	56381
during regular business hours, and, upon the request of such	56382
person, shall make copies of the report available at cost within a	56383
reasonable period of time.	56384

(2) Each political subdivision shall reserve funds necessary	56385
for an individual or joint self-insurance program in a special	56386
fund that may be established for political subdivisions other than	56387
an agency or instrumentality pursuant to an ordinance or	56388
resolution of the political subdivision and not subject to section	56389
5705.12 of the Revised Code. An agency or instrumentality shall	56390
reserve the funds necessary for an individual or joint	56391
self-insurance program in a special fund established pursuant to a	56392
resolution duly adopted by the agency's or instrumentality's	56393
governing board. The political subdivision may allocate the costs	56394
of insurance or any self-insurance program, or both, among the	56395
funds or accounts established under this division on the basis of	56396
relative exposure and loss experience.	56397

(3) A contract may be awarded, without the necessity of	56398
competitive bidding, to any person, political subdivision,	56399
nonprofit corporation organized under Chapter 1702. of the Revised	56400
Code, or regional council of governments created under Chapter	56401
167. of the Revised Code for purposes of administration of an	56402
individual or joint self-insurance program. No such contract shall	56403
be entered into without full, prior, public disclosure of all	56404
terms and conditions. The disclosure shall include, at a minimum,	56405
a statement listing all representations made in connection with	56406
any possible savings and losses resulting from the contract, and	56407
potential liability of any political subdivision or employee. The	56408
proposed contract and statement shall be disclosed and presented	56409
at a meeting of the political subdivision not less than one week	56410
prior to the meeting at which the political subdivision authorizes	56411
the contract.	56412

A contract awarded to a nonprofit corporation or a regional	56413
council of governments under this division may provide that all	56414
employees of the nonprofit corporation or regional council of	56415
governments and the employees of all entities related to the	56416
nonprofit corporation or regional council of governments may be	56417
covered by the individual or joint self-insurance program under	56418
the terms and conditions set forth in the contract.	56419

(4) The individual or joint self-insurance program shall	56420
include a contract with a member of the American academy of	56421
actuaries for the preparation of the written evaluation of the	56422
reserve funds required under division (C)(1) of this section.	56423

(5) A joint self-insurance program may allocate the costs of	56424
funding the program among the funds or accounts established under	56425
this division to the participating political subdivisions on the	56426
basis of their relative exposure and loss experience.	56427

(6) An individual self-insurance program may allocate the	56428
costs of funding the program among the funds or accounts	56429
established under this division to the political subdivision that	56430
established the program.	56431

(7) Two or more political subdivisions may also authorize the	56432
establishment and maintenance of a joint health care cost	56433
containment program, including, but not limited to, the employment	56434
of risk managers, health care cost containment specialists, and	56435
consultants, for the purpose of preventing and reducing health	56436
care costs covered by insurance, individual self-insurance, or	56437
joint self-insurance programs.	56438

(8) A political subdivision is not liable under a joint	56439
self-insurance program for any amount in excess of amounts payable	56440
pursuant to the written agreement for the participation of the	56441
political subdivision in the joint self-insurance program. Under a	56442
joint self-insurance program agreement, a political subdivision	56443
may, to the extent permitted under the written agreement, assume	56444
the risks of any other political subdivision. A joint	56445
self-insurance program established under this section is deemed a	56446
separate legal entity for the public purpose of enabling the	56447
members of the joint self-insurance program to obtain insurance or	56448
to provide for a formalized, jointly administered self-insurance	56449
fund for its members. An entity created pursuant to this section	56450
is exempt from all state and local taxes.	56451

(9) Any political subdivision, other than an agency or	56452
instrumentality, may issue general obligation bonds, or special	56453
obligation bonds that are not payable from real or personal	56454
property taxes, and may also issue notes in anticipation of such	56455
bonds, pursuant to an ordinance or resolution of its legislative	56456
authority or other governing body for the purpose of providing	56457
funds to pay expenses associated with the settlement of claims,	56458
whether by way of a reserve or otherwise, and to pay the political	56459
subdivision's portion of the cost of establishing and maintaining	56460
an individual or joint self-insurance program or to provide for	56461
the reserve in the special fund authorized by division (C)(2) of	56462
this section.	56463

In its ordinance or resolution authorizing bonds or notes	56464
under this section, a political subdivision may elect to issue	56465
such bonds or notes under the procedures set forth in Chapter 133.	56466
of the Revised Code. In the event of such an election,	56467
notwithstanding Chapter 133. of the Revised Code, the maturity of	56468
the bonds may be for any period authorized in the ordinance or	56469
resolution not exceeding twenty years, which period shall be the	56470
maximum maturity of the bonds for purposes of section 133.22 of	56471
the Revised Code.	56472

Bonds and notes issued under this section shall not be	56473
considered in calculating the net indebtedness of the political	56474
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	56475
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	56476
hereby made applicable to bonds or notes authorized under this	56477
section.	56478

(10) A joint self-insurance program is not an insurance	56479
company. Its operation does not constitute doing an insurance	56480
business and is not subject to the insurance laws of this state.	56481

(D) A political subdivision may procure group life insurance	56482
for its employees in conjunction with an individual or joint	56483
self-insurance program authorized by this section, provided that	56484
the policy of group life insurance is not self-insured.	56485

(E) Divisions (C)(1), (2), and (4) of this section do not	56486
apply to individual self-insurance programs in municipal	56487
corporations, townships, or counties.	56488

(F) A public official or employee of a political subdivision	56489
who is or becomes a member of the governing body of the program	56490
administrator of a joint self-insurance program in which the	56491
political subdivision participates is not in violation of division	56492
(D) or (E) of section 102.03, division (C) of section 102.04, or	56493
section 2921.42 of the Revised Code as a result of either of the	56494
following:	56495

(1) The political subdivision's entering under this section	56496
into the written agreement to participate in the joint	56497
self-insurance program;	56498

(2) The political subdivision's entering under this section	56499
into any other contract with the joint self-insurance program.	56500

Sec. 9.90. (A) The governing board of any public institution	56501
of higher education, including without limitation state	56502
universities and colleges, community college districts, university	56503
branch districts, technical college districts, and municipal	56504
universities, may, in addition to all other powers provided in the	56505
Revised Code:	56506

(1) Contract for, purchase, or otherwise procure from an	56507
insurer or insurers licensed to do business by the state of Ohio	56508
for or on behalf of such of its employees as it may determine,	56509
life insurance, or sickness, accident, annuity, endowment, health,	56510
medical, hospital, dental, or surgical coverage and benefits, or	56511
any combination thereof, by means of insurance plans or other	56512
types of coverage, family, group or otherwise, and may pay from	56513
funds under its control and available for such purpose all or any	56514
portion of the cost, premium, or charge for such insurance,	56515
coverage, or benefits. However, the governing board, in addition	56516
to or as an alternative to the authority otherwise granted by	56517
division (A)(1) of this section, may elect to procure coverage for	56518
health care services, for or on behalf of such of its employees as	56519
it may determine, by means of policies, contracts, certificates,	56520
or agreements issued by at least two health insuring corporations	56521
holding a certificate of authority under Chapter 1751. of the	56522
Revised Code and may pay from funds under the governing board's	56523
control and available for such purpose all or any portion of the	56524
cost of such coverage.	56525

(2) Make payments to a custodial account for investment in	56526
regulated investment company stock for the purpose of providing	56527
retirement benefits as described in section 403(b)(7) of the	56528
Internal Revenue Code of 1954, as amended. Such stock shall be	56529
purchased only from persons authorized to sell such stock in this	56530
state.	56531

Any income of an employee deferred under divisions (A)(1) and	56532
(2) of this section in a deferred compensation program eligible	56533
for favorable tax treatment under the Internal Revenue Code of	56534
1954, as amended, shall continue to be included as regular	56535
compensation for the purpose of computing the contributions to and	56536
benefits from the retirement system of such employee. Any sum so	56537
deferred shall not be included in the computation of any federal	56538
and state income taxes withheld on behalf of any such employee.	56539

(B) All or any portion of the cost, premium, or charge	56540
therefor may be paid in such other manner or combination of	56541
manners as the governing board may determine, including direct	56542
payment by the employee in cases under division (A)(1) of this	56543
section, and, if authorized in writing by the employee in cases	56544
under division (A)(1) or (2) of this section, by such governing	56545
board with moneys made available by deduction from or reduction in	56546
salary or wages or by the foregoing of a salary or wage increase.	56547
Nothing in section 3917.01 or section 3917.06 of the Revised Code	56548
shall prohibit the issuance or purchase of group life insurance	56549
authorized by this section by reason of payment of premiums	56550
therefor by the governing board from its funds, and such group	56551
life insurance may be so issued and purchased if otherwise	56552
consistent with the provisions of sections 3917.01 to 3917.07 of	56553
the Revised Code.	56554

(C) The board of education of any school district may	56555
exercise any of the powers granted to the governing boards of	56556
public institutions of higher education under divisions (A) and	56557
(B) of this section, except in relation to the provision of health	56558
care benefits to employees. All health care benefits provided to	56559
persons employed by the public schools of this state shall be	56560
~~medical~~health care plans ~~designed~~that contain best practices	56561
established by the school employees health care board pursuant to	56562
section 9.901 of the Revised Code.	56563

Sec. 9.901. (A)(1) All health care benefits provided to	56564
persons employed by the public ~~schools~~school districts of this	56565
state shall be provided by ~~medical~~health care plans ~~designed~~that	56566
contain best practices established pursuant to this section by the	56567
school employees health care board. ~~The board, in consultation~~	56568
~~with the superintendent of insurance, shall negotiate with and, in~~	56569
~~accordance with the competitive selection procedures of Chapter~~	56570
~~125. of the Revised Code, contract with one or more insurance~~	56571
~~companies authorized to do business in this state for the issuance~~	56572
~~of the plans.~~The plans described under this section shall be	56573
available to cover public school district employees not later than	56574
the last day of the month that is the eighteenth full month after	56575
the effective date of this amendment. The board shall release its	56576
best practices standards prior to the eighteen-month deadline. Any	56577
or all of the ~~medical~~health care plans ~~designed~~that contain best	56578
practices specified by the board may be self-insured. ~~All~~	56579
~~self-insured plans adopted shall be administered by the board in~~	56580
~~accordance with this section.~~ As used in this section, a "public	56581
school district" means ~~a school in~~ a city, local, exempted	56582
village, or joint vocational school district, and includes the	56583
educational service centers associated with those ~~schools~~	56584
districts.	56585

(2) ~~Prior to soliciting proposals from insurance companies~~	56586
~~for the issuance of medical plans, the board shall determine what~~	56587
~~geographic regions exist in the state based on the availability of~~	56588
~~providers, networks, costs, and other factors relating to~~	56589
~~providing health care benefits. The board shall then determine~~	56590
~~what medical plans are offered by school districts and existing~~	56591
~~consortiums in the state. The board shall determine what medical~~	56592
~~plan offered by a school district or existing consortium in the~~	56593
~~region offers the lowest premium cost plan.~~	56594

~~(3) The board shall develop a request for proposals and~~	56595
~~solicit bids for medical plans for the school districts in a~~	56596
~~region similar to the existing plans. The board shall also~~	56597
~~determine the benefits offered by existing medical plans, the~~	56598
~~employees' costs, and the cost-sharing arrangements used by public~~	56599
~~schools participating in a consortium. The board shall determine~~	56600
~~what strategies are used by the existing medical plans to manage~~	56601
~~health care costs and shall study the potential benefits of state~~	56602
~~or regional consortiums of public schools offering multiple health~~	56603
~~care plans.~~	56604

~~(4)~~ As used in this section~~, a~~:

56605

(a) A "~~medical~~health care plan" includes group policies,	56606
contracts, and agreements that provide hospital, surgical, or	56607
medical expense coverage, including self-insured plans. A "~~medical~~	56608
health care plan" does not include an individual plan offered to	56609
the employees of a public school district, or a plan that provides	56610
coverage only for specific disease or accidents, or a hospital	56611
indemnity, medicare supplement, or other plan that provides only	56612
supplemental benefits, paid for by the employees of a public	56613
school district.	56614

(b) A "health plan sponsor" means a public school district, a	56615
consortium of public school districts, or a council of	56616
governments.	56617

(B) The school employees health care board is hereby created.	56618
The school employees health care board shall consist of the	56619
following ~~nine~~twelve members and shall include individuals with	56620
experience with public school district benefit programs, health	56621
care industry providers, and ~~medical~~health care plan	56622
beneficiaries:	56623

(1) ~~Three~~Four members appointed by the governor, one of whom	56624
shall be representative of nonadministrative public school	56625
district employees;	56626

(2) ~~Three~~Four members appointed by the president of the	56627
senate, one of whom shall be representative of nonadministrative	56628
public school district employees;	56629

(3) ~~Three~~Four members appointed by the speaker of the house	56630
of representatives, one of whom shall be representative of	56631
nonadministrative public school district employees.	56632

A member of the school employees health care board shall not	56633
be employed by, represent, or in any way be affiliated with a	56634
private entity that is providing services to the board, an	56635
individual school district, employers, or employees in the state	56636
of Ohio.	56637

(C)(1) Members of the school employees health care board	56638
shall serve four-year terms~~; however, one of each of the initial~~	56639
~~members appointed under divisions (B)(1) to (3) of this section~~	56640
~~shall be appointed to a term of one year. The initial appointments~~	56641
~~under this section shall be made within forty-five days after~~	56642
~~September 29, 2005~~, but may be reappointed, except as otherwise	56643
specified in division (B) of this section.	56644

~~Members' terms shall end on the twenty-ninth day of~~	56645
~~September, but a~~A member shall continue to serve subsequent to	56646
the expiration of the member's term until a successor is	56647
appointed. Any vacancy occurring during a member's term shall be	56648
filled in the same manner as the original appointment, except that	56649
the person appointed to fill the vacancy shall be appointed to the	56650
remainder of the unexpired term.	56651

(2) Members shall ~~serve without~~receive compensation ~~but~~	56652
fixed pursuant to division (J) of section 124.15 of the Revised	56653
Code and shall be reimbursed from the school employees health care	56654
fund for actual and necessary expenses incurred in the performance	56655
of their official duties as members of the board.	56656

(3) Members may be removed by their appointing authority for	56657
misfeasance, malfeasance, incompetence, dereliction of duty, or	56658
other just cause.	56659

(D)(1) ~~The governor shall call the first meeting of the~~	56660
~~school employees health care board. At that meeting, and annually~~	56661
~~thereafter~~At the first meeting of the board after the first day	56662
of January of each calendar year, the board shall elect a	56663
chairperson and may elect members to other positions on the board	56664
as the board considers necessary or appropriate. The board shall	56665
meet at least ~~four~~nine times each calendar year and shall also	56666
meet at the call of the chairperson or ~~three~~four or more board	56667
members. The chairperson shall provide reasonable advance notice	56668
of the time and place of board meetings to all members.	56669

(2) A majority of the board constitutes a quorum for the	56670
transaction of business at a board meeting. A majority vote of the	56671
members present is necessary for official action.	56672

(E) The school employees health care board shall conduct its	56673
business at open meetings; however, the records of the board are	56674
not public records for purposes of section 149.43 of the Revised	56675
Code.	56676

(F) The school employees health care fund is hereby created	56677
in the state treasury. ~~The public schools shall pay all school~~	56678
~~employees health care board plan premiums in the manner prescribed~~	56679
~~by the school employees health care board to the board for deposit~~	56680
~~into the school employees health care fund. All~~The board shall	56681
use all funds in the school employees health care fund ~~shall be~~	56682
~~used~~ solely ~~for the provision of health care benefits to public~~	56683
~~schools employees pursuant to this section~~to carry out the	56684
provisions of this section and related administrative costs.	56685
~~Premiums received by the board or insurance companies contracted~~	56686
~~pursuant to division (A) of this section are not subject to any~~	56687
~~state insurance premium tax.~~	56688

(G) The school employees health care board shall do all of	56689
the following:	56690

(1) ~~Design multiple medical~~Adopt and release a set of	56691
standards that shall be considered the best practices to which	56692
public school districts shall adhere in the selection and	56693
implementation of health care plans;	56694

(2) Develop best practices for the provision of health care	56695
benefits and subsequently approve health care plans~~, including~~	56696
~~regional plans,~~ to provide, in the board's judgment, the optimal	56697
combination of coverage, cost, choice, and stability of health	56698
cost benefits~~. The board may establish more than one tier of~~	56699
~~premium rates for any medical plan. The board shall establish~~	56700
~~regions as necessary for the implementation of the board's medical~~	56701
~~plans. Plans and premium rates may vary across the regions~~	56702
~~established by the board.~~	56703

~~(2) Set an aggregate goal~~based on the best practices	56704
developed by the board;	56705

(3) Require that the plans the health plan sponsors	56706
administer make readily available to the public all cost and	56707
design elements of the plan;	56708

(4) Determine the feasibility of procurement of selected	56709
health care benefits through consolidated systems that offer	56710
demonstrated economies of scale;	56711

(5) Work with health plan sponsors through educational	56712
outlets and consultation;	56713

(6) Maintain a commitment to transparency and public access	56714
of its meetings and activity pursuant to division (E) of this	56715
section;	56716

(7) Promote cooperation among all organizations affected by	56717
this section in identifying the elements for the successful	56718
implementation of this section;	56719

(8) Develop recommendations for employee and employer	56720
portions of premiums for the ~~board's medical~~health care plans so	56721
as to manage plan participation and encourage the use of	56722
value-based plan participation by employees;	56723

~~(3) Set~~(9) Develop recommendations for employer and employee	56724
plan copayments, deductibles, exclusions, limitations,	56725
formularies, premium shares, and other responsibilities;	56726

~~(4) Include~~(10) Ensure that disease management and consumer	56727
education programs, to the extent that the board determines is	56728
appropriate, are included in all ~~medical~~health care plans	56729
~~designed by the board~~, which programs shall include, but are not	56730
limited to, wellness programs and other measures designed to	56731
encourage the wise use of ~~medical~~health care plan coverage. These	56732
programs are not services or treatments for purposes of section	56733
3901.71 of the Revised Code.	56734

~~(5)~~(11) Create and distribute to the governor, the speaker of	56735
the house of representatives, and the president of the senate, an	56736
annual report covering ~~the~~ plan background; plan coverage options;	56737
plan administration, including procedures for monitoring and	56738
managing objectives, scope, and methodology; plan operations;	56739
employee and employer contribution rates and the relationship	56740
between the rates and the school employees health care fund	56741
balance; a means to develop and maintain identity and evaluate	56742
alternative employee and employer cost-sharing strategies; an	56743
evaluation of the effectiveness of cost-saving services and	56744
programs; an evaluation of efforts to control and manage member	56745
eligibility and to insure that proper employee and employer	56746
contributions are remitted to the trust fund; efforts to prevent	56747
and detect fraud; and efforts to manage and monitor board	56748
contracts;	56749

~~(6)~~(12) Utilize cost containment measures aligned with	56750
patient, plan, and provider management strategies in developing	56751
and managing ~~medical~~health care plans.	56752

(13) Prepare and disseminate to the public an annual report	56753
on the status of health plan sponsors' effectiveness in making	56754
progress to reduce the rate of increase in insurance premiums and	56755
employee out of pocket expenses, as well as progress in improving	56756
the health status of school district employees and their families.	56757

(H) The board also may develop and implement programs through	56758
its own initiative for specific health benefits to be utilized by	56759
health plan sponsors to supplement coverages offered by the school	56760
districts, including, but not limited to, prescription drugs and	56761
disease management.	56762

(I) The sections in Chapter 3923. of the Revised Code	56763
regulating public employee benefit plans are not applicable to the	56764
~~medical~~health care plans designed pursuant to this section.	56765

~~(I)~~(J)(1) Public ~~schools~~school districts are not subject to	56766
this section prior to the release of ~~medical plans designed~~	56767
~~pursuant to~~best practices covered by this section, but shall	56768
adopt and implement board-approved best practices after the date	56769
the board releases its best practices pursuant to this section and	56770
by not later than the first day following the expiration of any	56771
collective bargaining agreement applicable to employees of the	56772
public school district that occurs after the release date. The	56773
board shall designate the specific date by which a particular	56774
public school district shall adopt and implement board-approved	56775
best practices.	56776

(2) ~~Prior to the school employees health care board's release~~	56777
~~of the board's initial medical plans, the~~The board ~~shall~~may	56778
contract with anone or more independent ~~consultant~~consultants to	56779
analyze costs related to employee health care benefits provided by	56780
existing public school district plans in this state. The	56781
~~consultant shall~~consultants may determine the benefits offered by	56782
existing ~~medical~~health care plans, the employees' costs, and the	56783
cost-sharing arrangements used by public ~~schools~~school districts	56784
either participating in a consortium or by other means. The	56785
~~consultant shall~~consultants may determine what strategies are	56786
used by the existing ~~medical~~health care plans to manage health	56787
care costs and ~~shall~~may study the potential benefits of state or	56788
regional consortiums of public schools offering multiple health	56789
care plans. Based on the findings of the analysis, the ~~consultant~~	56790
~~shall~~consultants may submit written recommendations to the board	56791
for the development and implementation of a successful ~~program~~	56792
best practices and programs for ~~pooling~~improving school	56793
districts' combined purchasing ~~power~~ for the acquisition of	56794
employee ~~medical~~health care plans. ~~The consultant's~~	56795
~~recommendations shall address, at a minimum, all of the following~~	56796
~~issues:~~	56797

~~(a) The establishment of regions for the provision of medical~~	56798
~~plans, based on the availability of providers and plans in the~~	56799
~~state at the time that the school employees health care board is~~	56800
~~established;~~	56801

~~(b) The use of regional preferred provider and closed panel~~	56802
~~plans, health savings accounts, and alternative medical plans, to~~	56803
~~stabilize both costs and the premiums charged school districts and~~	56804
~~district employees;~~	56805

~~(c) The development of a system to obtain eligibility data~~	56806
~~and data compiled pursuant to the "Consolidated Omnibus Budget~~	56807
~~Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C.~~	56808
~~1161, as amended;~~	56809

~~(d) The use of the competitive bidding process for regional~~	56810
~~medical plans;~~	56811

~~(e) The development of a timeline planning for the design and~~	56812
~~use of board medical plans by not later than December 31, 2007;~~	56813

~~(f) The use of information on claims and costs and of~~	56814
~~information reported by districts pursuant to COBRA in analyzing~~	56815
~~administrative and premium costs;~~	56816

~~(g) The experience of states that have mandated statewide~~	56817
~~medical plans for public school employees, including the~~	56818
~~implementation strategies used by those states;~~	56819

~~(h) Recommended strategies for the use of first-year roll-in~~	56820
~~premiums in the transition from district medical plans to school~~	56821
~~employees health care board plans;~~	56822

~~(i) The option of allowing school districts to join an~~	56823
~~existing regional consortium as an alternative to school employees~~	56824
~~health care board plans;~~	56825

~~(j) Mandatory and optional coverages to be offered by the~~	56826
~~board's medical plans;~~	56827

~~(k) Potential risks to the state from the use of medical~~	56828
~~plans developed pursuant to this section;~~	56829

~~(l) Any legislation needed to ensure the long-term financial~~	56830
~~solvency and stability of a health care purchasing system;~~	56831

~~(m) The potential impacts of any changes to the existing~~	56832
~~purchasing structure on all of the following:~~	56833

~~(i) Existing health care pooling and consortiums;~~

56834

~~(ii) School district employees;~~

56835

~~(iii) Individual school districts.~~

56836

~~(n) Issues that could arise when school districts transition~~	56837
~~from the existing purchasing structure to a new purchasing~~	56838
~~structure;~~	56839

~~(o) Strategies available to the board in the creation of fund~~	56840
~~reserves and the need for stop-loss insurance coverage for~~	56841
~~catastrophic losses;~~	56842

~~(p) Any legislation needed to establish and maintain medical~~	56843
~~plans designed pursuant to this section. The consultant shall~~	56844
~~submit all legislative recommendations not later than December 31,~~	56845
~~2006, in writing, to the school employees health care board and to~~	56846
~~the governor, the speaker of the house of representatives, and the~~	56847
~~president of the senate.~~	56848

(3) The public schools health care advisory committee is	56849
hereby created under the school employees health care board. The	56850
committee shall make recommendations to the school employees	56851
health care board related to the board's accomplishment of the	56852
duties assigned to the board under this section. The committee	56853
shall consist of eighteen members. The governor, the speaker of	56854
the house of representatives, and the president of the senate	56855
shall each appoint a representative from the Ohio education	56856
association, the Ohio school boards association, the Ohio	56857
association of school business officials, the Ohio association of	56858
health underwriters, an existing health care consortium serving	56859
public schools, and a health insuring corporation licensed to do	56860
business in Ohio and recommended by the Ohio association of health	56861
plans. The initial appointees shall ~~be appointed to a one-year~~	56862
~~term not later than July 31, 2007, the members' term to begin on~~	56863
~~that date. Subsequent~~serve until December 31, 2007; subsequent	56864
one-year appointments, to commence on the ~~thirty-first day of July~~	56865
first day of January of each year thereafter, and shall be made in	56866
the same manner. A member shall continue to serve subsequent to	56867
the expiration of the member's term until the member's successor	56868
is appointed. Any vacancy occurring during a member's term shall	56869
be filled in the same manner as the original appointment, except	56870
that the person appointed to fill the vacancy shall be appointed	56871
to the remainder of the unexpired term. The ~~governor shall call~~	56872
~~the first meeting of each newly appointed committee. At that~~	56873
~~meeting the~~ board shall elect a chairperson who shall call the	56874
time and place of future committee meetings. Committee members are	56875
not subject to the conditions for eligibility set by division (B)	56876
of this section for members of the school employees health care	56877
board.	56878

(4) ~~The school employees health care board shall submit a~~	56879
~~written study to the governor and the general assembly not later~~	56880
~~than January 31, 2007, of a plan to operate in compliance with~~	56881
~~this section, and on the governance of the school employees health~~	56882
~~care board. A copy of the board's plan of operation, including~~	56883
~~audit provisions, shall accompany the report on the board's~~	56884
~~governance and the report shall include the board's~~	56885
~~recommendations on any legislation needed to enforce the~~	56886
~~recommendations of the board on implementing the provisions of~~	56887
~~this section.~~	56888

~~(5) Not later than January 15, 2009, and not later than the~~	56889
~~same day of each subsequent year, the school employees health care~~	56890
~~board shall submit a written report to the governor and each~~	56891
~~member of the general assembly, which report evaluates the~~	56892
~~performance of school employees health care board medical plans~~	56893
~~during the previous year. Districts offering employee health care~~	56894
~~benefits through a plan offered by a consortium of two or more~~	56895
~~districts, or a consortium of one or more districts and one or~~	56896
~~more political subdivisions as defined in section 9.833 of the~~	56897
~~Revised Code, representing five thousand or more employees as of~~	56898
~~January 1, 2005, may request permission from the school employees~~	56899
~~health care board to continue offering consortium plans to the~~	56900
~~districts' employees at the discretion of the board. If the board~~	56901
~~grants permission, the permission is valid for only one year but~~	56902
~~may be renewed annually thereafter upon application to an approval~~	56903
~~of the board. The board shall grant initial or continued approval~~	56904
~~upon finding, based on an actuarial evaluation of the existing~~	56905
~~consortium plan offerings, that benefit design, premium costs,~~	56906
~~administrative cost, and other factors considered by the board are~~	56907
~~equivalent to or lower than comparable costs of the board's plan~~	56908
~~options offered to the local district. Age and gender adjustments,~~	56909
~~benefit comparison adjustments, and the total cost of the~~	56910
~~consortium plan, including administration, benefit cost, stop-loss~~	56911
~~insurance, and all other expenses or information requested by the~~	56912
~~board shall be presented to the board prior to the board's~~	56913
~~decision to allow a local district to continue to offer health~~	56914
~~care benefits under a consortium plan. A district shall not~~	56915
~~participate in the consortium plan once the district has chosen to~~	56916
~~offer plans designed by the board to the district's employees and~~	56917
~~begins premium payments for deposit into the school employees~~	56918
~~health care fund.~~	56919

~~(6)~~If based upon an audit of a health care sponsor, the	56920
board makes a determination that the sponsor no longer meets the	56921
best practice standards adopted by the board, the board may	56922
suspend or cancel the sponsor's right to administer plans under	56923
the jurisdiction of the board. The decision of the board to	56924
suspend or cancel a sponsor's right may be appealed by the sponsor	56925
pursuant to a hearing and appeal process the board shall adopt by	56926
rule.	56927

(5) Upon a failure by a sponsor to adhere to the directives	56928
of the board, the board may request the attorney general to apply	56929
to a court having jurisdiction for any necessary orders to enforce	56930
compliance with the requirement of this section that a health care	56931
sponsor, unless otherwise allowed, shall adopt and adhere to best	56932
practices designed by the board or comply with any other	56933
requirements of this section, as the case may be. The board also	56934
may engage outside counsel if it deems necessary.	56935

(6) Upon notice by the board to the department of education	56936
that a district is not in compliance with the board's directives	56937
and a court order as described in this section, the department	56938
shall withhold one per cent of all state financial aid and	56939
assistance to the district each month until the department	56940
receives notice from the board that the district is in full	56941
compliance with the board's directives and subsequent court order.	56942

(7) Any districts providing ~~medical~~health care plan coverage	56943
for the employees of public ~~schools, or that have provided~~	56944
~~coverage within two years prior to September 29, 2005,~~school	56945
districts shall provide nonidentifiable aggregate claims data for	56946
the coverage to the school employees health care board ~~or the~~	56947
~~department of administrative services~~, without charge, within	56948
thirty days after receiving a written request from the board or	56949
~~the department~~. The claims data shall include data relating to	56950
employee group benefit sets, demographics, and claims experience.	56951

~~(J)~~(K)(1) The school employees health care board may contract	56952
with other state agencies for services as the board deems	56953
necessary for the implementation and operation of this section,	56954
based on demonstrated experience and expertise in administration,	56955
management, data handling, actuarial studies, quality assurance,	56956
or for other needed services. The school employees health care	56957
board ~~shall~~may contract with the department of administrative	56958
services for central services until such time the board isdeems	56959
itself able to obtain such services from its own staff or from	56960
other sources. The board shall reimburse the department of	56961
administrative services for the reasonable cost of those services.	56962

~~(K)~~(2) The board shall hire staff as necessary to provide	56963
administrative support to the board and the public school employee	56964
health care plan program established by this section.	56965

(L) The board's administrative functions shall include, but	56966
are not limited to, the following:	56967

(1) ~~Maintaining reserves in the school employees health care~~	56968
~~fund, reinsurance, and other measures that in the judgment of the~~	56969
~~board will result in the long-term stability and solvency of the~~	56970
~~medical plans designed by the board. The board shall bill school~~	56971
~~districts, in proportion to a district's premium payments to all~~	56972
~~premium payments paid into the school employees health care fund~~	56973
~~during the previous year, in order to maintain necessary reserves,~~	56974
~~reinsurance, and administrative and operating funds. Each school~~	56975
~~district contributing to a board medical plan shall share any~~	56976
~~losses due to the expense of claims paid by the plan. In the event~~	56977
~~of a loss, the board may bill each district an amount, in~~	56978
~~proportion to the district's premium payments to all premium~~	56979
~~payments paid into the school employees health care fund during~~	56980
~~the previous year, sufficient in total to cover the loss. The~~	56981
~~state is not liable for any obligations of the school employees~~	56982
~~health care board or the school employees health care fund, or for~~	56983
~~expenses of public schools or school districts related to the~~	56984
~~board's medical plans.~~	56985

~~(2)~~ Providing health care information, wellness programs, and	56986
other preventive health care measures to ~~medical~~health care plan	56987
beneficiaries, to the extent that the board determines to be	56988
appropriate;	56989

~~(3) Coordinating~~(2) Developing requests for proposals and	56990
establishing contracts for services related to the board's ~~medical~~	56991
health care plans related to the benefits the board believes are	56992
in the best interests of employees of public school districts as	56993
permitted in division (H) of this section. ~~Contracts shall be~~	56994
~~approved by the school employees health care board.~~	56995

~~(L)~~(M) Not less than ninety days before coverage begins for	56996
public school district employees under ~~medical~~health care plans	56997
~~designed by~~containing best practices prescribed by the school	56998
employees health care board, a public school district's board of	56999
education shall provide detailed information about the ~~medical~~	57000
health care plans to the employees.	57001

~~(M)~~(N) Nothing in this section shall be construed as	57002
prohibiting public ~~schools or~~ school districts from consulting	57003
with and compensating insurance agents and brokers for	57004
professional services. The arrangement and contracts for these	57005
services shall be a public record and disclosed along with other	57006
data required by the board.	57007

~~(N) The department of administrative services shall report to~~	57008
~~the governor, the speaker of the house of representatives, and the~~	57009
~~president of the senate not later than April 30, 2007, on the~~	57010
~~feasibility of achieving all of the following:~~	57011

~~(1) Designing multiple medical plans to cover persons~~	57012
~~employed by public institutions of higher education that achieve~~	57013
~~an optimal combination of coverage, cost, choice, and stability,~~	57014
~~which plans include both state and regional preferred provider~~	57015
~~plans, set employee and employer premiums, and set employee plan~~	57016
~~copayments, deductibles, exclusions, limitations, formularies, and~~	57017
~~other responsibilities. For this purpose, "public institutions of~~	57018
~~higher education" include, without limitation, state universities~~	57019
~~and colleges, state community college districts, community college~~	57020
~~districts, university branch districts, technical college~~	57021
~~districts, and municipal universities.~~	57022

~~(2) Maintaining reserves, reinsurance, and other measures to~~	57023
~~insure the long-term stability and solvency of the medical plans;~~	57024

~~(3) Providing appropriate health care information, wellness~~	57025
~~programs, and other preventive health care measures to medical~~	57026
~~plan beneficiaries;~~	57027

~~(4) Coordinating contracts for services related to the~~	57028
~~medical plans.~~	57029

(O)(1) Pursuant to Chapter 117. of the Revised Code, the	57030
auditor of state shall conduct all necessary and required audits	57031
of the board. The auditor of state, upon request, also shall	57032
furnish to the board copies of audits of public school districts	57033
or consortia performed by the auditor of state.	57034

(2) Annually, the superintendent of insurance shall evaluate	57035
the performance of the school employee health care board best	57036
practices during the previous year and submit the results in	57037
writing to the governor and the general assembly. The	57038
superintendent also shall include in the audit of the health care	57039
plans of the health plan sponsors for which the superintendent has	57040
jurisdiction for a determination of adherence to the best	57041
practices established by the board.	57042

(3) Any health care provider or other vendor that contracts	57043
with a public school district or consortium to furnish health care	57044
benefits or services pursuant to a health care plan under this	57045
section, as a condition of such contract, shall agree to submit to	57046
audits the board may require to ensure compliance with the best	57047
practices of the board for the provision of such benefits or	57048
services. The board may contract with persons for independent	57049
audits of such providers or vendors. The audits shall cover the	57050
overall performance of the provider or vendor including, but not	57051
limited to, claims processing procedures and results, eligibility	57052
determination procedures and standards for health care plan	57053
participants, and adherence to best practices established by the	57054
board.	57055

Sec. 3311.19. (A) The management and control of a joint	57056
vocational school district shall be vested in the joint vocational	57057
school district board of education. Where a joint vocational	57058
school district is composed only of two or more local school	57059
districts located in one county, or when all the participating	57060
districts are in one county and the boards of such participating	57061
districts so choose, the educational service center governing	57062
board of the county in which the joint vocational school district	57063
is located shall serve as the joint vocational school district	57064
board of education. Where a joint vocational school district is	57065
composed of local school districts of more than one county, or of	57066
any combination of city, local, or exempted village school	57067
districts or educational service centers, unless administration by	57068
the educational service center governing board has been chosen by	57069
all the participating districts in one county pursuant to this	57070
section, the board of education of the joint vocational school	57071
district shall be composed of one or more persons who are members	57072
of the boards of education from each of the city or exempted	57073
village school districts or members of the educational service	57074
centers' governing boards affected to be appointed by the boards	57075
of education or governing boards of such school districts and	57076
educational service centers. In such joint vocational school	57077
districts the number and terms of members of the joint vocational	57078
school district board of education and the allocation of a given	57079
number of members to each of the city and exempted village	57080
districts and educational service centers shall be determined in	57081
the plan for such district, provided that each such joint	57082
vocational school district board of education shall be composed of	57083
an odd number of members.	57084

(B) Notwithstanding division (A) of this section, a governing	57085
board of an educational service center that has members of its	57086
governing board serving on a joint vocational school district	57087
board of education may make a request to the joint vocational	57088
district board that the joint vocational school district plan be	57089
revised to provide for one or more members of boards of education	57090
of local school districts that are within the territory of the	57091
educational service district and within the joint vocational	57092
school district to serve in the place of or in addition to its	57093
educational service center governing board members. If agreement	57094
is obtained among a majority of the boards of education and	57095
governing boards that have a member serving on the joint	57096
vocational school district board of education and among a majority	57097
of the local school district boards of education included in the	57098
district and located within the territory of the educational	57099
service center whose board requests the substitution or addition,	57100
the state board of education may revise the joint vocational	57101
school district plan to conform with such agreement.	57102

(C) If the board of education of any school district or	57103
educational service center governing board included within a joint	57104
vocational district that has had its board or governing board	57105
membership revised under division (B) of this section requests the	57106
joint vocational school district board to submit to the state	57107
board of education a revised plan under which one or more joint	57108
vocational board members chosen in accordance with a plan revised	57109
under such division would again be chosen in the manner prescribed	57110
by division (A) of this section, the joint vocational board shall	57111
submit the revised plan to the state board of education, provided	57112
the plan is agreed to by a majority of the boards of education	57113
represented on the joint vocational board, a majority of the local	57114
school district boards included within the joint vocational	57115
district, and each educational service center governing board	57116
affected by such plan. The state board of education may revise the	57117
joint vocational school district plan to conform with the revised	57118
plan.	57119

(D) The vocational schools in such joint vocational school	57120
district shall be available to all youth of school age within the	57121
joint vocational school district subject to the rules adopted by	57122
the joint vocational school district board of education in regard	57123
to the standards requisite to admission. A joint vocational school	57124
district board of education shall have the same powers, duties,	57125
and authority for the management and operation of such joint	57126
vocational school district as is granted by law, except by this	57127
chapter and Chapters 124., 3317., 3323., and 3331. of the Revised	57128
Code, to a board of education of a city school district, and shall	57129
be subject to all the provisions of law that apply to a city	57130
school district, except such provisions in this chapter and	57131
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	57132

(E) Where a governing board of an educational service center	57133
has been designated to serve as the joint vocational school	57134
district board of education, the educational service center	57135
superintendent shall be the executive officer for the joint	57136
vocational school district, and the governing board may provide	57137
for additional compensation to be paid to the educational service	57138
center superintendent by the joint vocational school district, but	57139
the educational service center superintendent shall have no	57140
continuing tenure other than that of educational service center	57141
superintendent. The superintendent of schools of a joint	57142
vocational school district shall exercise the duties and authority	57143
vested by law in a superintendent of schools pertaining to the	57144
operation of a school district and the employment and supervision	57145
of its personnel. The joint vocational school district board of	57146
education shall appoint a treasurer of the joint vocational school	57147
district who shall be the fiscal officer for such district and who	57148
shall have all the powers, duties, and authority vested by law in	57149
a treasurer of a board of education. Where a governing board of an	57150
educational service center has been designated to serve as the	57151
joint vocational school district board of education, such board	57152
may appoint the educational service center superintendent as the	57153
treasurer of the joint vocational school district.	57154

(F) Each member of a joint vocational school district board	57155
of education may be paid such compensation as the board provides	57156
by resolution, but it shall not exceed one hundred twenty-five	57157
dollars per member for each meeting attended plus mileage, at the	57158
rate per mile provided by resolution of the board, to and from	57159
meetings of the board.	57160

The board may provide by resolution for the deduction of	57161
amounts payable for benefits under section 3313.202 of the Revised	57162
Code.	57163

Each member of a joint vocational school district board may	57164
be paid such compensation as the board provides by resolution for	57165
attendance at an approved training program, provided that such	57166
compensation shall not exceed sixty dollars per day for attendance	57167
at a training program three hours or fewer in length and one	57168
hundred twenty-five dollars a day for attendance at a training	57169
program longer than three hours in length. However, no board	57170
member shall be compensated for the same training program under	57171
this section and section 3313.12 of the Revised Code.	57172

Sec. 3313.12. Each member of the educational service center	57173
governing board may be paid such compensation as the governing	57174
board provides by resolution, provided that any such compensation	57175
shall not exceed one hundred twenty-five dollars a day plus	57176
mileage both ways, at the rate per mile provided by resolution of	57177
the governing board, for attendance at any meeting of the board.	57178
Such compensation and the expenses of the educational service	57179
center superintendent, itemized and verified, shall be paid from	57180
the educational service center governing board fund upon vouchers	57181
signed by the president of the governing board.	57182

The board of education of any city, local, or exempted	57183
village school district may provide by resolution for compensation	57184
of its members, provided that such compensation shall not exceed	57185
one hundred twenty-five dollars per member for meetings attended.	57186
The board may provide by resolution for the deduction of amounts	57187
payable for benefits under section 3313.202 of the Revised Code.	57188

Each member of a district board or educational service center	57189
governing board may be paid such compensation as the respective	57190
board provides by resolution for attendance at an approved	57191
training program, provided that such compensation shall not exceed	57192
sixty dollars a day for attendance at a training program three	57193
hours or fewer in length and one hundred twenty-five dollars a day	57194
for attendance at a training program longer than three hours in	57195
length.	57196

Sec. 3313.202. Any elected or appointed member of the board	57197
of education of a school district and the dependent children and	57198
spouse of the member may be covered, at the option of the member,	57199
under any ~~medical~~health care plan ~~designed~~containing best	57200
practices prescribed by the school employees health care board	57201
under section 9.901 of the Revised Code. The member shall pay all	57202
premiums for that coverage. Payments for such coverage shall be	57203
made, in advance, in a manner prescribed by the school employees	57204
health care board. The member's exercise of an option to be	57205
covered under this section shall be in writing, announced at a	57206
regular public meeting of the board of education, and recorded as	57207
a public record in the minutes of the board.	57208

Sec. 3313.33. (A) Conveyances made by a board of education	57209
shall be executed by the president and treasurer thereof.	57210

(B) Except as provided in division (C) of this section, no	57211
member of the board shall have, directly or indirectly, any	57212
pecuniary interest in any contract of the board or be employed in	57213
any manner for compensation by the board of which the person is a	57214
member. No contract shall be binding upon any board unless it is	57215
made or authorized at a regular or special meeting of such board.	57216

(C) A member of the board may have a pecuniary interest in a	57217
contract of the board if all of the following apply:	57218

(1) The member's pecuniary interest in that contract is that	57219
the member is employed by a political subdivision,	57220
instrumentality, or agency of the state that is contracting with	57221
the board;	57222

(2) The member does not participate in any discussion or	57223
debate regarding the contract or vote on the contract;	57224

(3) The member files with the school district treasurer an	57225
affidavit stating the member's exact employment status with the	57226
political subdivision, instrumentality, or agency contracting with	57227
the board.	57228

(D) This section does not apply where a member of the board,	57229
being a shareholder of a corporation but not being an officer or	57230
director thereof, owns not in excess of five per cent of the stock	57231
of such corporation. If a stockholder desires to avail self of the	57232
exception, before entering upon such contract such person shall	57233
first file with the treasurer an affidavit stating the	57234
stockholder's exact status and connection with said corporation.	57235

This section does not apply where a member of the board	57236
elects to be covered by a ~~medical~~health care plan under section	57237
3313.202 of the Revised Code.	57238

Sec. 4117.03. (A) Public employees have the right to:

57239

(1) Form, join, assist, or participate in, or refrain from	57240
forming, joining, assisting, or participating in, except as	57241
otherwise provided in Chapter 4117. of the Revised Code, any	57242
employee organization of their own choosing;	57243

(2) Engage in other concerted activities for the purpose of	57244
collective bargaining or other mutual aid and protection;	57245

(3) Representation by an employee organization;

57246

(4) Bargain collectively with their public employers to	57247
determine wages, hours, terms and other conditions of employment	57248
and the continuation, modification, or deletion of an existing	57249
provision of a collective bargaining agreement, and enter into	57250
collective bargaining agreements;	57251

(5) Present grievances and have them adjusted, without the	57252
intervention of the bargaining representative, as long as the	57253
adjustment is not inconsistent with the terms of the collective	57254
bargaining agreement then in effect and as long as the bargaining	57255
representatives have the opportunity to be present at the	57256
adjustment.	57257

(B) Persons on active duty or acting in any capacity as	57258
members of the organized militia do not have collective bargaining	57259
rights.	57260

(C) Except as provided in division (D) of this section,	57261
nothing in Chapter 4117. of the Revised Code prohibits public	57262
employers from electing to engage in collective bargaining, to	57263
meet and confer, to hold discussions, or to engage in any other	57264
form of collective negotiations with public employees who are not	57265
subject to Chapter 4117. of the Revised Code pursuant to division	57266
(C) of section 4117.01 of the Revised Code.	57267

(D) A public employer shall not engage in collective	57268
bargaining or other forms of collective negotiations with the	57269
employees of county boards of elections referred to in division	57270
(C)(12) of section 4117.01 of the Revised Code.	57271

(E)~~(1)~~ Employees of public ~~school~~schools may bargain	57272
collectively for health care benefits; however, all health care	57273
benefits shall ~~be provided through~~include best practices	57274
prescribed by the school employees health care board ~~medical~~	57275
~~plans~~, in accordance with section 9.901 of the Revised Code. ~~If a~~	57276
~~school district provides its employees with health care benefits~~	57277
~~pursuant to collective bargaining, the employees shall be~~	57278
~~permitted to choose a plan option from among the school employees~~	57279
~~health care board plans agreed to during collective bargaining.~~	57280

~~(2) During collective bargaining, employees of public schools~~	57281
~~may agree to pay a higher percentage of the premium for health~~	57282
~~benefit coverage under the plans designed by the school employees~~	57283
~~health care board pursuant to section 9.901 of the Revised Code~~	57284
~~than the percentage designated as the employees' contribution~~	57285
~~level by the board. A collective bargaining agreement, however,~~	57286
~~shall not permit the employees to contribute a lesser percentage~~	57287
~~of the premium than that set as the employees' contribution level~~	57288
~~by the school employees health care board, unless, in so doing,~~	57289
~~the participating school board is able to remain in compliance~~	57290
~~with the aggregate goal set pursuant to division (G)(3) of section~~	57291
~~9.901 of the Revised Code.~~	57292

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	57293
terms and other conditions of employment and the continuation,	57294
modification, or deletion of an existing provision of a collective	57295
bargaining agreement are subject to collective bargaining between	57296
the public employer and the exclusive representative, except as	57297
otherwise specified in this section and division (E) of section	57298
4117.03 of the Revised Code.	57299

(B) The conduct and grading of civil service examinations,	57300
the rating of candidates, the establishment of eligible lists from	57301
the examinations, and the original appointments from the eligible	57302
lists are not appropriate subjects for collective bargaining.	57303

(C) Unless a public employer agrees otherwise in a collective	57304
bargaining agreement, nothing in Chapter 4117. of the Revised Code	57305
impairs the right and responsibility of each public employer to:	57306

(1) Determine matters of inherent managerial policy which	57307
include, but are not limited to areas of discretion or policy such	57308
as the functions and programs of the public employer, standards of	57309
services, its overall budget, utilization of technology, and	57310
organizational structure;	57311

(2) Direct, supervise, evaluate, or hire employees;

57312

(3) Maintain and improve the efficiency and effectiveness of	57313
governmental operations;	57314

(4) Determine the overall methods, process, means, or	57315
personnel by which governmental operations are to be conducted;	57316

(5) Suspend, discipline, demote, or discharge for just cause,	57317
or lay off, transfer, assign, schedule, promote, or retain	57318
employees;	57319

(6) Determine the adequacy of the work force;

57320

(7) Determine the overall mission of the employer as a unit	57321
of government;	57322

(8) Effectively manage the work force;

57323

(9) Take actions to carry out the mission of the public	57324
employer as a governmental unit.	57325

The employer is not required to bargain on subjects reserved	57326
to the management and direction of the governmental unit except as	57327
affect wages, hours, terms and conditions of employment, and the	57328
continuation, modification, or deletion of an existing provision	57329
of a collective bargaining agreement. A public employee or	57330
exclusive representative may raise a legitimate complaint or file	57331
a grievance based on the collective bargaining agreement.	57332

Section 130.03. Section 611.03 of Am. Sub. H.B. 66 of the	57333
126th General Assembly is hereby repealed.	57334

Section 130.04. Existing sections 9.90, 9.901, 3313.202,	57335
3313.33, and 4117.03 of the Revised Code are hereby repealed.	57336

Section 130.05. The Governor, the President of the Senate,	57337
and the Speaker of the House of Representatives each shall appoint	57338
one additional member to the School Employees Health Care Board	57339
created pursuant to section 9.901 of the Revised Code. The terms	57340
of these additional members as well as the terms of the current	57341
members shall end on December 31, 2010. Thereafter, terms of	57342
office shall be as specified in section 9.901 of the Revised Code	57343
as it results from its amendment by this act. The three additional	57344
members each shall be representative of nonadministrative public	57345
school employees.	57346

Section 201.01. Except as otherwise provided in this act,	57347
all appropriation items in this act are appropriated out of any	57348
moneys in the state treasury to the credit of the designated fund	57349
that are not otherwise appropriated. For all appropriations made	57350
in this act, the amounts in the first column are for fiscal year	57351
2008 and the amounts in the second column are for fiscal year	57352
2009.	57353

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

57354

General Services Fund Group

57355

4J8	889-601	CPA Education Assistance	$	325,000	$	325,000	57356
4K9	889-609	Operating Expenses	$	1,092,246	$	1,117,000	57357
TOTAL GSF General Services Fund							57358
Group			$	1,417,246	$	1,442,000	57359
TOTAL ALL BUDGET FUND GROUPS			$	1,417,246	$	1,442,000	57360

Section 205.10. ADJ ADJUTANT GENERAL

57362

General Revenue Fund

57363

GRF	745-401	Ohio Military Reserve	$	15,188	$	15,188	57364
GRF	745-404	Air National Guard	$	2,246,005	$	2,284,198	57365
GRF	745-407	National Guard Benefits	$	1,400,000	$	1,400,000	57366
GRF	745-409	Central Administration	$	4,295,778	$	4,460,069	57367
GRF	745-499	Army National Guard	$	5,064,836	$	5,169,368	57368
GRF	745-502	Ohio National Guard Unit Fund	$	102,973	$	102,973	57369
TOTAL GRF General Revenue Fund			$	13,124,780	$	13,431,796	57370

General Services Fund Group

57371

534	745-612	Property Operations/Management	$	534,304	$	534,304	57372
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,202,970	$	1,202,970	57373
537	745-604	Ohio National Guard Facility Maintenance	$	269,826	$	269,826	57374
TOTAL GSF General Services Fund Group			$	2,007,100	$	2,007,100	57375

Federal Special Revenue Fund Group

57376

3E8	745-628	Air National Guard Agreement	$	14,100,000	$	14,906,820	57377
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	57378
341	745-615	Air National Guard Base Security	$	2,497,480	$	2,729,939	57379
342	745-616	Army National Guard Agreement	$	10,146,178	$	10,590,050	57380
TOTAL FED Federal Special Revenue Fund Group			$	26,768,658	$	28,251,809	57381

State Special Revenue Fund Group

57382

5U8	745-613	Community Match Armories	$	220,000	$	220,000	57383
528	745-605	Marksmanship Activities	$	128,600	$	128,600	57384
TOTAL SSR State Special Revenue Fund Group			$	348,600	$	348,600	57385

TOTAL ALL BUDGET FUND GROUPS

42,249,138

44,039,305

57386

NATIONAL GUARD BENEFITS

57387

The foregoing appropriation item 745-407, National Guard	57388
Benefits, shall be used for purposes of sections 5919.31 and	57389
5919.33 of the Revised Code, and for administrative costs of the	57390
associated programs.	57391

For active duty members of the Ohio National Guard who died	57392
after October 7, 2001, while performing active duty, the death	57393
benefit, pursuant to section 5919.33 of the Revised Code, shall be	57394
paid to the beneficiary or beneficiaries designated on the	57395
member's Servicemembers' Group Life Insurance Policy.	57396

STATE ACTIVE DUTY COSTS

57397

Of the foregoing appropriation item 745-409, Central	57398
Administration, $50,000 in each fiscal year shall be used for the	57399
purpose of paying expenses related to state active duty of members	57400
of the Ohio organized militia, in accordance with a proclamation	57401
of the Governor. Expenses include, but are not limited to, the	57402
cost of equipment, supplies, and services, as determined by the	57403
Adjutant General's Department.	57404

Of the foregoing appropriation item 745-409, Central	57405
Administration, up to $60,000 in each fiscal year of unspent and	57406
unencumbered funds remaining after meeting all other obligations	57407
of this appropriation shall be used for a grant to the American	57408
Red Cross Greater Columbus Chapter to be distributed equally to	57409
the Ohio chapters in existence on the effective date of this	57410
section. The funds from this grant shall be used for the Armed	57411
Forces Emergency Services program of the American Red Cross in	57412
Ohio to support members of the military and their families. Upon	57413
distribution of the funds, the American Red Cross Greater Columbus	57414
Chapter shall report to the Adjutant General on the actual	57415
distribution to the various chapters and any administrative costs	57416
associated with the distribution.	57417

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

57418

General Revenue Fund

57419

GRF	100-403	Public School Employee Benefits	$	1,425,000	$	1,425,000	57420
GRF	100-404	CRP Procurement Program	$	255,000	$	255,000	57421
GRF	100-405	Agency Audit Expenses	$	400,000	$	400,000	57422
GRF	100-406	County & University Human Resources Services	$	875,000	$	875,000	57423
GRF	100-410	Veterans' Records Conversion	$	46,170	$	46,171	57424
GRF	100-415	OAKS Rental Payments	$	14,162,000	$	14,165,000	57425
GRF	100-418	Web Sites and Business Gateway	$	3,270,473	$	3,270,083	57426
GRF	100-419	IT Security Infrastructure	$	1,500,000	$	1,500,000	57427
GRF	100-421	OAKS Project Implementation	$	375,000	$	375,000	57428
GRF	100-433	State of Ohio Computer Center	$	4,800,000	$	4,825,000	57429
GRF	100-439	Equal Opportunity Certification Programs	$	705,000	$	705,000	57430
GRF	100-447	OBA - Building Rent Payments	$	112,294,800	$	106,476,400	57431
GRF	100-448	OBA - Building Operating Payments	$	26,457,000	$	27,303,000	57432
GRF	100-449	DAS - Building Operating Payments	$	3,769,510	$	3,834,871	57433
GRF	100-451	Minority Affairs	$	52,927	$	52,927	57434
GRF	100-734	Major Maintenance - State Bldgs	$	42,000	$	42,000	57435
GRF	102-321	Construction Compliance	$	1,000,000	$	1,000,000	57436
GRF	130-321	State Agency Support Services	$	6,000,000	$	6,250,000	57437
TOTAL GRF General Revenue Fund			$	177,429,880	$	172,800,452	57438

General Services Fund Group

57439

112	100-616	DAS Administration	$	5,299,427	$	5,299,427	57440
115	100-632	Central Service Agency	$	860,878	$	928,403	57441
117	100-644	General Services Division - Operating	$	8,295,772	$	8,540,772	57442
122	100-637	Fleet Management	$	2,182,968	$	2,032,968	57443
125	100-622	Human Resources Division - Operating	$	19,890,614	$	20,560,614	57444
128	100-620	Collective Bargaining	$	3,464,533	$	3,662,534	57445
130	100-606	Risk Management Reserve	$	2,568,548	$	2,568,548	57446
131	100-639	State Architect's Office	$	7,348,483	$	7,544,164	57447
132	100-631	DAS Building Management	$	9,716,228	$	10,166,228	57448
133	100-607	IT Services Delivery	$	72,539,887	$	75,847,949	57449
188	100-649	Equal Opportunity Division - Operating	$	847,409	$	884,650	57450
201	100-653	General Services Resale Merchandise	$	1,553,000	$	1,553,000	57451
210	100-612	State Printing	$	5,681,421	$	5,436,421	57452
229	100-630	IT Governance	$	17,108,546	$	17,108,546	57453
4N6	100-617	Major IT Purchases	$	7,495,719	$	7,495,719	57454
4P3	100-603	DAS Information Services	$	4,793,190	$	4,958,218	57455
427	100-602	Investment Recovery	$	5,683,564	$	5,683,564	57456
5C2	100-605	MARCS Administration	$	11,069,291	$	11,069,291	57457
5C3	100-608	Skilled Trades	$	934,982	$	934,982	57458
5D7	100-621	Workforce Development	$	70,000	$	0	57459
5EB	100-635	OAKS Support Organization	$	19,132,671	$	19,132,671	57460
5L7	100-610	Professional Development	$	3,900,000	$	3,900,000	57461
5V6	100-619	Employee Educational Development	$	936,129	$	936,129	57462
5X3	100-634	Centralized Gateway Enhancement	$	974,023	$	974,023	57463
TOTAL GSF General Services Fund							57464
Group			$	212,347,283	$	217,218,821	57465

TOTAL ALL BUDGET FUND GROUPS

389,777,163

390,019,273

57466

Section 207.10.10. PUBLIC SCHOOL EMPLOYEE BENEFITS

57468

The foregoing appropriation item 100-403, Public School	57469
Employee Benefits, shall be used by the School Employees Health	57470
Care Board to hire staff to provide administrative support to the	57471
Board and other lawful uses of said fund as prescribed under	57472
section 9.901 of the Revised Code. This section succeeds Section	57473
203.12.02 of Am. Sub. H.B. 66 of the 126th General Assembly.	57474

Section 207.10.20. AGENCY AUDIT EXPENSES

57475

The foregoing appropriation item 100-405, Agency Audit	57476
Expenses, shall be used for auditing expenses designated in	57477
division (A)(1) of section 117.13 of the Revised Code for those	57478
state agencies audited on a biennial basis.	57479

Section 207.10.30. OAKS RENTAL PAYMENTS

57480

The foregoing appropriation item 100-415, OAKS Rental	57481
Payments, shall be used for payments for the period from July 1,	57482
2007, through June 30, 2009, pursuant to leases and agreements	57483
entered into under Chapter 125. of the Revised Code, as	57484
supplemented by Section 403.10 of Am. Sub. H.B. 530 of the 126th	57485
General Assembly with respect to financing the costs associated	57486
with the acquisition, development, installation, and	57487
implementation of the Ohio Administrative Knowledge System. If it	57488
is determined that additional appropriations are necessary for	57489
this purpose, the amounts are hereby appropriated.	57490

Section 207.10.40. BUILDING RENT PAYMENTS

57491

The foregoing appropriation item 100-447, OBA - Building Rent	57492
Payments, shall be used to meet all payments at the times they are	57493
required to be made during the period from July 1, 2007, to June	57494
30, 2009, by the Department of Administrative Services to the Ohio	57495
Building Authority pursuant to leases and agreements under Chapter	57496
152. of the Revised Code. These appropriations are the source of	57497
funds pledged for bond service charges on obligations issued	57498
pursuant to Chapter 152. of the Revised Code.	57499

The foregoing appropriation item 100-448, OBA - Building	57500
Operating Payments, shall be used to meet all payments at the	57501
times that they are required to be made during the period from	57502
July 1, 2007, to June 30, 2009, by the Department of	57503
Administrative Services to the Ohio Building Authority pursuant to	57504
leases and agreements under Chapter 152. of the Revised Code, but	57505
limited to the aggregate amount of $53,760,000.	57506

The payments to the Ohio Building Authority are for the	57507
purpose of paying the expenses of agencies that occupy space in	57508
the various state facilities. The Department of Administrative	57509
Services may enter into leases and agreements with the Ohio	57510
Building Authority providing for the payment of these expenses.	57511
The Ohio Building Authority shall report to the Department of	57512
Administrative Services and the Office of Budget and Management	57513
not later than five months after the start of a fiscal year the	57514
actual expenses incurred by the Ohio Building Authority in	57515
operating the facilities and any balances remaining from payments	57516
and rentals received in the prior fiscal year. The Department of	57517
Administrative Services shall reduce subsequent payments by the	57518
amount of the balance reported to it by the Ohio Building	57519
Authority.	57520

Section 207.10.50. DAS - BUILDING OPERATING PAYMENTS

57521

The foregoing appropriation item 100-449, DAS - Building	57522
Operating Payments, shall be used to pay the rent expenses of	57523
veterans organizations pursuant to section 123.024 of the Revised	57524
Code in fiscal years 2008 and 2009.	57525

The foregoing appropriation item, 100-449, DAS - Building	57526
Operating Payments, may be used to provide funding for the cost of	57527
property appraisals or building studies that the Department of	57528
Administrative Services may be required to obtain for property	57529
that is being sold by the state or property under consideration to	57530
be renovated or purchased by the state.	57531

Notwithstanding section 125.28 of the Revised Code, the	57532
remaining portion of the appropriation may be used to pay the	57533
operating expenses of state facilities maintained by the	57534
Department of Administrative Services that are not billed to	57535
building tenants. These expenses may include, but are not limited	57536
to, the costs for vacant space and space undergoing renovation,	57537
and the rent expenses of tenants that are relocated due to	57538
building renovations. These payments shall be processed by the	57539
Department of Administrative Services through intrastate transfer	57540
vouchers and placed in the Building Management Fund (Fund 132).	57541

Section 207.10.60. CENTRAL SERVICE AGENCY FUND

57542

The Department of Administrative Services shall not allocate	57543
annual costs for maintaining an automated application for the	57544
professional licensing boards and for the costs of supporting	57545
licensing functions in excess of the amounts supported by	57546
licensing and registration fees established for fiscal year 2007.	57547
The charges shall be billed to the professional licensing boards	57548
and deposited via intrastate transfer vouchers to the credit of	57549
the Central Service Agency Fund (Fund 115).	57550

Section 207.10.70. ELIMINATION OF THE VEHICLE LIABILITY FUND	57551
ASSETS	57552

(A) Effective July 1, 2007, the Vehicle Liability Fund (Fund	57553
127) is abolished and its functions, assets, and liabilities are	57554
transferred to the Risk Management Reserve Fund (Fund 130). The	57555
Risk Management Reserve Fund is thereupon and thereafter successor	57556
to, assumes the obligations of, and otherwise constitutes the	57557
continuation of the Vehicle Liability Fund.	57558

Any business commenced but not completed with regard to the	57559
Vehicle Liability Fund on July 1, 2007, shall be completed with	57560
regard to the Risk Management Reserve Fund, in the same manner,	57561
and with the same effect, as if completed with regard to the	57562
Vehicle Liability Fund. No validation, cure, right, privilege,	57563
remedy, obligation, or liability is lost or impaired by reason of	57564
the transfer and shall be administered with regard to the Risk	57565
Management Reserve Fund. All of the rules, orders, and	57566
determinations associated with the Vehicle Liability Fund continue	57567
in effect as rules, orders, and determinations associated with the	57568
Risk Management Reserve Fund, until modified or rescinded by the	57569
Director of Administrative Services. If necessary to ensure the	57570
integrity of the Administrative Code, the Director of the	57571
Legislative Service Commission shall renumber the rules relating	57572
to the Vehicle Liability Fund to reflect its transfer to the Risk	57573
Management Reserve Fund.	57574

(B) Employees paid from the Vehicle Liability Fund shall be	57575
transferred to the Risk Management Reserve Fund or dismissed.	57576
Employees paid from the Vehicle Liability Fund so dismissed cease	57577
to hold their positions of employment on July 1, 2007.	57578

(C) No judicial or administrative action or proceeding by	57579
which the Vehicle Liability Fund is affected that is pending on	57580
July 1, 2007, is affected by the transfer of functions under	57581
division (A) of this section. The action or proceeding shall be	57582
prosecuted or defended on behalf of the Risk Management Reserve	57583
Fund and the Risk Management Reserve Fund upon application to the	57584
court or agency shall be substituted for the Vehicle Liability	57585
Fund as affected by the action or proceeding.	57586

(D) On and after July 1, 2007, when the Vehicle Liability	57587
Fund is referred to in any statute, rule, contract, grant, or	57588
other document, the reference is hereby deemed to refer to the	57589
Risk Management Reserve Fund.	57590

Section 207.10.80. TRANSFER OF VEHICLE LIABILITY FUND ASSETS

57591

On and after July 1, 2007, notwithstanding any provision to	57592
the contrary, the Director of Budget and Management is authorized	57593
to take the actions and effectuate the budget changes made	57594
necessary by administrative reorganization, program transfers, the	57595
creation of new funds, and the consolidation of funds required for	57596
the transfer of the Vehicle Liability Fund Assets to the Risk	57597
Management Reserve Fund. The Director of Budget and Management may	57598
make any transfer of cash balances between funds. At the request	57599
of the Director of Budget and Management, the Director of	57600
Administrative Services shall certify to the Director of Budget	57601
and Management an estimate of the amount of the Vehicle Liability	57602
Fund cash balance to be transferred to the Risk Management Reserve	57603
Fund. The Director of Budget and Management may transfer the	57604
estimated amount when needed to make payments. Not more than	57605
thirty days after certifying the estimated amount, the Director of	57606
Administrative Services shall certify the final amount to the	57607
Director of Budget and Management. The Director of Budget and	57608
Management shall transfer the difference between any amount	57609
previously transferred and the certified final amount. The	57610
Director of Budget and Management may cancel encumbrances and	57611
re-establish encumbrances or parts of encumbrances of the Vehicle	57612
Liability Fund as needed in fiscal year 2008 in the Risk	57613
Management Reserve Fund for the same purposes. The appropriation	57614
authority necessary to re-establish such encumbrances in fiscal	57615
year 2008, as determined by the Director of Budget and Management,	57616
in appropriation item 100-606, Risk Management Reserve, is hereby	57617
appropriated. When re-established encumbrances or parts of	57618
re-established encumbrances of the Vehicle Liability Fund are	57619
canceled, the Director of Budget and Management shall reduce the	57620
appropriation for appropriation item 100-606, Risk Management	57621
Reserve, by the amount of the encumbrances canceled. The amounts	57622
canceled are hereby authorized. Any fiscal year 2007 unencumbered	57623
or unallotted appropriation for appropriation item 100-627,	57624
Vehicle Liability Insurance, may be transferred to appropriation	57625
item 100-606, Risk Management Reserve, to be used for the same	57626
purposes, as determined by the Director of Budget and Management.	57627
The amounts transferred are hereby appropriated.	57628

Section 207.10.90. COLLECTIVE BARGAINING ARBITRATION	57629
EXPENSES	57630

With approval of the Director of Budget and Management, the	57631
Department of Administrative Services may seek reimbursement from	57632
state agencies for the actual costs and expenses the department	57633
incurs in the collective bargaining arbitration process. The	57634
reimbursements shall be processed through intrastate transfer	57635
vouchers and placed in the Collective Bargaining Fund (Fund 128).	57636

Section 207.20.10. EQUAL OPPORTUNITY PROGRAM

57637

The Department of Administrative Services, with the approval	57638
of the Director of Budget and Management, shall establish charges	57639
for recovering the costs of administering the activities supported	57640
by the State EEO Fund (Fund 188). These charges shall be deposited	57641
to the credit of the State EEO Fund (Fund 188) upon payment made	57642
by state agencies, state-supported or state-assisted institutions	57643
of higher education, and tax-supported agencies, municipal	57644
corporations, and other political subdivisions of the state, for	57645
services rendered.	57646

Section 207.20.20. MERCHANDISE FOR RESALE

57647

The foregoing appropriation item 100-653, General Services	57648
Resale Merchandise, shall be used to account for merchandise for	57649
resale, which is administered by the General Services Division.	57650
Deposits to the fund may comprise the cost of merchandise for	57651
resale and shipping fees.	57652

Section 207.20.30. DAS INFORMATION SERVICES

57653

There is hereby established in the State Treasury the DAS	57654
Information Services Fund. The foregoing appropriation item	57655
100-603, DAS Information Services, shall be used to pay the costs	57656
of providing information systems and services in the Department of	57657
Administrative Services.	57658

The Department of Administrative Services shall establish	57659
user charges for all information systems and services that are	57660
allowable in the statewide indirect cost allocation plan submitted	57661
annually to the United States Department of Health and Human	57662
Services. These charges shall comply with federal regulations and	57663
shall be deposited to the credit of the DAS Information Services	57664
Fund (Fund 4P3).	57665

Section 207.20.40. INVESTMENT RECOVERY FUND

57666

Notwithstanding division (B) of section 125.14 of the Revised	57667
Code, cash balances in the Investment Recovery Fund (Fund 427) may	57668
be used to support the operating expenses of the Federal Surplus	57669
Operating Program created in sections 125.84 to 125.90 of the	57670
Revised Code.	57671

Notwithstanding division (B) of section 125.14 of the Revised	57672
Code, cash balances in the Investment Recovery Fund may be used to	57673
support the operating expenses of the Asset Management Services	57674
Program, including, but not limited to, the cost of establishing	57675
and maintaining procedures for inventory records for state	57676
property as described in section 125.16 of the Revised Code.	57677

Of the foregoing appropriation item 100-602, Investment	57678
Recovery, up to $2,271,209 in fiscal year 2008 and up to	57679
$2,353,372 in fiscal year 2009 shall be used to pay the operating	57680
expenses of the State Surplus Property Program, the Surplus	57681
Federal Property Program, and the Asset Management Services	57682
Program under Chapter 125. of the Revised Code and this section.	57683
If additional appropriations are necessary for the operations of	57684
these programs, the Director of Administrative Services shall seek	57685
increased appropriations from the Controlling Board under section	57686
131.35 of the Revised Code.	57687

Of the foregoing appropriation item 100-602, Investment	57688
Recovery, $3,412,355 in fiscal year 2008 and $3,330,192 in fiscal	57689
year 2009 shall be used to transfer proceeds from the sale of	57690
surplus property from the Investment Recovery Fund to non-General	57691
Revenue Funds under division (A)(2) of section 125.14 of the	57692
Revised Code. If it is determined by the Director of	57693
Administrative Services that additional appropriations are	57694
necessary for the transfer of such sale proceeds, the Director of	57695
Administrative Services may request the Director of Budget and	57696
Management to increase the amounts. Such amounts are hereby	57697
appropriated.	57698

Notwithstanding division (B) of section 125.14 of the Revised	57699
Code, the Director of Budget and Management, at the request of the	57700
Director of Administrative Services, shall transfer up to $500,000	57701
of the amounts held for transfer to the General Revenue Fund from	57702
the Investment Recovery Fund to the State Architect's Fund (Fund	57703
131) to provide operating cash.	57704

Section 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

57705

Effective with the implementation of the Multi-Agency Radio	57706
Communications System, the State Chief Information Officer shall	57707
collect user fees from participants in the system. The State Chief	57708
Information Officer, with the advice of the Multi-Agency Radio	57709
Communications System Steering Committee and the Director of	57710
Budget and Management, shall determine the amount of the fees and	57711
the manner by which the fees shall be collected. Such user charges	57712
shall comply with the applicable cost principles issued by the	57713
federal Office of Management and Budget. All moneys from user	57714
charges and fees shall be deposited in the state treasury to the	57715
credit of the Multi-Agency Radio Communications System	57716
Administration Fund (Fund 5C2), which is hereby established in the	57717
state treasury. All interest income derived from the investment of	57718
the fund shall accrue to the fund.	57719

Section 207.20.60. WORKFORCE DEVELOPMENT FUND

57720

There is hereby established in the state treasury the	57721
Workforce Development Fund (Fund 5D7). The foregoing appropriation	57722
item 100-621, Workforce Development, shall be used to make	57723
payments from the fund. The fund shall be under the supervision of	57724
the Department of Administrative Services, which may adopt rules	57725
with regard to administration of the fund. The fund shall be used	57726
to pay the costs of any remaining obligations of the Workforce	57727
Development Program, in accordance with Article 37 of the contract	57728
between the State of Ohio and OCSEA/AFSCME, Local 11, abolished	57729
effective March 1, 2006. These costs include, but are not limited	57730
to, remaining grant obligations, payments for tuition	57731
reimbursement, contracted services and general overhead, and any	57732
settlement costs associated with the Statewide Cost Allocation	57733
Program (SWCAP). The program shall be administered in accordance	57734
with the contract. Revenues shall accrue to the fund as specified	57735
in the contract. The fund may be used to pay direct and indirect	57736
costs of the program that are attributable to staff, consultants,	57737
and service providers. All income derived from the investment of	57738
the fund shall accrue to the fund.	57739

If it is determined by the Director of Administrative	57740
Services that additional appropriation amounts are necessary, the	57741
Director of Administrative Services may request that the Director	57742
of Budget and Management increase such amounts. Such amounts are	57743
hereby appropriated.	57744

Section 207.20.70. OAKS SUPPORT ORGANIZATION

57745

The foregoing appropriation item 100-635, OAKS Support	57746
Organization, shall be used by the Office of Information	57747
Technology to support the operating costs associated with the	57748
implementation and maintenance of the state's enterprise resource	57749
planning system, OAKS, consistent with its responsibilities under	57750
this section and Chapters 125. and 126. of the Revised Code. The	57751
OAKS Support Organization shall operate and maintain the human	57752
capital management and financial management modules of the state's	57753
enterprise resource planning system to support statewide human	57754
resources and financial management activities administered by the	57755
Department of Administrative Services' human resources division	57756
and the Office of Budget and Management. The OAKS Support	57757
Organization shall recover the costs to establish, operate, and	57758
maintain the OAKS system through intrastate transfer voucher	57759
billings to the Department of Administrative Services and the	57760
Office of Budget and Management. Effective July 1, 2007, the	57761
Department of Administrative Services, with the approval of the	57762
Director of Budget and Management, shall include the recovery of	57763
the costs of administering the human capital management module of	57764
the OAKS System within the human resources services payroll rate.	57765
These revenues shall be deposited to the credit of the Human	57766
Resources Services Fund (Fund 125). Amounts deposited under this	57767
section are hereby appropriated to appropriation item 100-622,	57768
Human Resources Division-Operating. Not less than quarterly, the	57769
Department of Administrative Services shall process the intrastate	57770
transfer billings to transfer cash from the Human Resources	57771
Services Fund (Fund 125) to the OAKS Support Organization Fund	57772
(Fund 5EB) to pay for the OAKS Support Organization costs.	57773

Section 207.20.80. PROFESSIONAL DEVELOPMENT FUND

57774

The foregoing appropriation item 100-610, Professional	57775
Development, shall be used to make payments from the Professional	57776
Development Fund (Fund 5L7) under section 124.182 of the Revised	57777
Code.	57778

Section 207.20.90. EMPLOYEE EDUCATIONAL DEVELOPMENT

57779

There is hereby established in the state treasury the	57780
Employee Educational Development Fund (Fund 5V6). The foregoing	57781
appropriation item 100-619, Employee Educational Development,	57782
shall be used to make payments from the fund. The fund shall be	57783
used to pay the costs of the administration of educational	57784
programs per existing collective bargaining agreements with	57785
District 1199, the Health Care and Social Service Union; State	57786
Council of Professional Educators; Ohio Education Association and	57787
National Education Association; the Fraternal Order of Police Ohio	57788
Labor Council, Unit 2; and the Ohio State Troopers Association,	57789
Units 1 and 15. The fund shall be under the supervision of the	57790
Department of Administrative Services, which may adopt rules with	57791
regard to administration of the fund. The fund shall be	57792
administered in accordance with the applicable sections of the	57793
collective bargaining agreements between the State and the	57794
aforementioned unions. The Department of Administrative Services,	57795
with the approval of the Director of Budget and Management, shall	57796
establish charges for recovering the costs of administering the	57797
educational programs. Receipts for these charges shall be	57798
deposited into the Employee Educational Development Fund. All	57799
income derived from the investment of the funds shall accrue to	57800
the fund.	57801

If it is determined by the Director of Administrative	57802
Services that additional appropriation amounts are necessary, the	57803
Director of Administrative Services may request that the Director	57804
of Budget and Management increase such amounts. Such amounts are	57805
hereby appropriated with the approval of the Director of Budget	57806
and Management.	57807

Section 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

57808

(A) As used in this section, "Ohio Business Gateway" refers	57809
to the internet-based system operated by the Office of Information	57810
Technology with the advice of the Ohio Business Gateway Steering	57811
Committee established under section 5703.57 of the Revised Code.	57812
The Ohio Business Gateway is established to provide businesses a	57813
central web site where various filings and payments are submitted	57814
on-line to government. The information is then distributed to the	57815
various government entities that interact with the business	57816
community.	57817

(B) As used in this section:

57818

(1) "State Portal" refers to the official web site of the	57819
state, operated by the Office of Information Technology.	57820

(2) "Shared Hosting Environment" refers to the computerized	57821
system operated by the Office of Information Technology for the	57822
purpose of providing capability for state agencies to host web	57823
sites.	57824

(C) There is hereby created in the state treasury the	57825
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	57826
appropriation item 100-634, Centralized Gateway Enhancements,	57827
shall be used by the Office of Information Technology to pay the	57828
costs of enhancing, expanding, and operating the infrastructure of	57829
the Ohio Business Gateway, State Portal, and Shared Hosting	57830
Environment. The State Chief Information Officer shall submit	57831
periodic spending plans to the Director of Budget and Management	57832
to justify operating transfers to the fund from the General	57833
Revenue Fund. Upon approval, the Director of Budget and Management	57834
shall transfer approved amounts to the fund, not to exceed the	57835
amount of the annual appropriation in each fiscal year. The	57836
spending plans may be based on the recommendations of the Ohio	57837
Business Gateway Steering Committee or its successor.	57838

Section 207.30.20. MAJOR IT PURCHASES

57839

The State Chief Information Officer shall compute the amount	57840
of revenue attributable to the amortization of all equipment	57841
purchases and capitalized systems from appropriation item 100-607,	57842
IT Service Delivery; appropriation item 100-617, Major IT	57843
Purchases; and appropriation item CAP-837, Major IT Purchases,	57844
which is recovered by the Office of Information Technology as part	57845
of the rates charged by the IT Service Delivery Fund (Fund 133)	57846
created in section 125.15 of the Revised Code. The Director of	57847
Budget and Management may transfer cash in an amount not to exceed	57848
the amount of amortization computed from the IT Service Delivery	57849
Fund (Fund 133) to the Major IT Purchases Fund (Fund 4N6).	57850

Section 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

57851

The State Chief Information Officer, with the approval of the	57852
Director of Budget and Management, may establish an information	57853
technology assessment for the purpose of recovering the cost of	57854
selected infrastructure and statewide programs. Such assessment	57855
shall comply with applicable cost principles issued by the federal	57856
Office of Management and Budget. The information technology	57857
assessment shall be charged to all organized bodies, offices, or	57858
agencies established by the laws of the state for the exercise of	57859
any function of state government except for the General Assembly,	57860
any legislative agency, the Supreme Court, the other courts of	57861
record in Ohio, or any judicial agency, the Adjutant General, the	57862
Bureau of Workers' Compensation, and institutions administered by	57863
a board of trustees. Any state-entity exempted by this section may	57864
utilize the infrastructure or statewide program by participating	57865
in the information technology assessment. All charges for the	57866
information technology assessment shall be deposited to the credit	57867
of the IT Governance Fund (Fund 229).	57868

Section 207.30.40. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	57869
DEBT SERVICE PAYMENTS	57870

The Director of Administrative Services, in consultation with	57871
the Multi-Agency Radio Communication System (MARCS) Steering	57872
Committee and the Director of Budget and Management, shall	57873
determine the share of debt service payments attributable to	57874
spending for MARCS components that are not specific to any one	57875
agency and that shall be charged to agencies supported by the	57876
motor fuel tax. Such share of debt service payments shall be	57877
calculated for MARCS capital disbursements made beginning July 1,	57878
1997. Within thirty days of any payment made from appropriation	57879
item 100-447, OBA - Building Rent Payments, the Director of	57880
Administrative Services shall certify to the Director of Budget	57881
and Management the amount of this share. The Director of Budget	57882
and Management shall transfer such amounts to the General Revenue	57883
Fund from the State Highway Safety Fund (Fund 036) established in	57884
section 4501.06 of the Revised Code.	57885

The State Chief Information Officer shall consider renting or	57886
leasing existing tower sites at reasonable or current market	57887
rates, so long as these existing sites are equipped with the	57888
technical capabilities to support the MARCS project.	57889

Section 207.30.50. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

57890

Whenever the Director of Administrative Services declares a	57891
"public exigency," as provided in division (C) of section 123.15	57892
of the Revised Code, the Director shall also notify the members of	57893
the Controlling Board.	57894

Section 207.30.60. GENERAL SERVICE CHARGES

57895

The Department of Administrative Services, with the approval	57896
of the Director of Budget and Management, shall establish charges	57897
for recovering the costs of administering the programs in the	57898
General Services Fund (Fund 117) and the State Printing Fund (Fund	57899
210).	57900

Section 207.30.70. STATE ENERGY SERVICES PROGRAM

57901

Within 30 days after the effective date of this section, or	57902
as soon possible thereafter, the Director of Administrative	57903
Services shall certify the remaining cash in the Federal Special	57904
Revenue Fund (Fund 307) to the Director of Budget and Management,	57905
who shall transfer that amount to the State Architect's Office	57906
(Fund 131). The cash shall be used to operate the state's energy	57907
services program.	57908

Within thirty days after the effective date of this section,	57909
or as soon as possible thereafter, the Director of Administrative	57910
Services shall certify the remaining cash in the Energy Grants	57911
Fund (Fund 5A8) to the Director of Budget and Management, who	57912
shall transfer that amount to the State Architect's Office (Fund	57913
131). The cash shall be used to operate the state's energy	57914
services program.	57915

Section 207.30.80. FEDERAL GRANTS OGRIP

57916

As soon as possible on or after July 1, 2007, the Director of	57917
Budget and Management may transfer cash in the amount of	57918
$15,072.03 from the Federal Grants OGRIP Fund (Fund 3H6) to the	57919
General Revenue Fund.	57920

Section 209.10. AAM COMMISSION ON AFRICAN AMERICAN MALES

57921

General Revenue Fund

57922

GRF	036-100	Personal Services	$	235,091	$	235,091	57923
GRF	036-200	Maintenance	$	29,000	$	29,000	57924
GRF	036-300	Equipment	$	1,000	$	1,000	57925
GRF	036-502	Community Projects	$	516,909	$	1,016,909	57926
TOTAL GRF General Revenue Fund			$	782,000	$	1,282,000	57927

State Special Revenue Fund Group

57928

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	57929
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	57930
TOTAL ALL BUDGET FUND GROUPS			$	792,000	$	1,292,000	57931

CAAM STRATEGIC PLAN

57932

The Commission on African American Males shall develop a	57933
strategic plan to accomplish the tasks put forth in section	57934
4112.13 of the Revised Code.	57935

On January 1, 2008, or as soon as possible thereafter, the	57936
Director of the Commission on African American Males shall submit	57937
a strategic plan for the use of $500,000 in fiscal year 2008 and	57938
$1,000,000 in fiscal year 2009 to the Governor, the President of	57939
the Senate, the Minority Leader of the Senate, the Speaker of the	57940
House of Representatives, and the Minority Leader of the House of	57941
Representatives.	57942

Not later than June 30, 2009, the Commission on African	57943
American Males shall submit a report on the impacts and outcomes	57944
of the strategic plan to the Governor, the President of the	57945
Senate, the Minority Leader of the Senate, the Speaker of the	57946
House of Representatives, and the Minority Leader of the House of	57947
Representatives.	57948

Section 211.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

57949

General Revenue Fund

57950

GRF	029-321	Operating Expenses	$	397,000	$	403,000	57951
TOTAL GRF General Revenue Fund			$	397,000	$	403,000	57952
TOTAL ALL BUDGET FUND GROUPS			$	397,000	$	403,000	57953

OPERATING

57954

The Chief Administrative Officer of the House of	57955
Representatives and the Clerk of the Senate shall determine, by	57956
mutual agreement, which of them shall act as fiscal agent for the	57957
Joint Committee on Agency Rule Review. Members of the Committee	57958
shall be paid in accordance with section 101.35 of the Revised	57959
Code.	57960

OPERATING EXPENSES

57961

On July 1, 2007, or as soon as possible thereafter, the	57962
designated fiscal agent shall certify to the Director of Budget	57963
and Management the total fiscal year 2007 unencumbered	57964
appropriations in appropriation item 029-321, Operating Expenses.	57965
The designated fiscal agent may direct the Director of Budget and	57966
Management to transfer an amount not to exceed the total fiscal	57967
year 2007 unencumbered appropriations to fiscal year 2008 for use	57968
in appropriation item 029-321, Operating Expenses. Additional	57969
appropriation authority equal to the amount certified by the	57970
designated fiscal agent is hereby appropriated to appropriation	57971
item 029-321, Operating Expenses, in fiscal year 2008.	57972

On July 1, 2008, or as soon as possible thereafter, the	57973
designated fiscal agent shall certify to the Director of Budget	57974
and Management the total fiscal year 2008 unencumbered	57975
appropriations in appropriation item 029-321, Operating Expenses.	57976
The designated fiscal agent may direct the Director of Budget and	57977
Management to transfer an amount not to exceed the total fiscal	57978
year 2008 unencumbered appropriations to fiscal year 2009 for use	57979
in appropriation item 029-321, Operating Expenses. Additional	57980
appropriation authority equal to the amount certified by the	57981
designated fiscal agent is hereby appropriated to appropriation	57982
item 029-321, Operating Expenses, in fiscal year 2009.	57983

Section 213.10. AGE DEPARTMENT OF AGING

57984

General Revenue Fund

57985

GRF	490-321	Operating Expenses	$	2,637,571	$	2,637,271	57986
GRF	490-403	PASSPORT	$	128,391,189	$	158,196,465	57987
GRF	490-406	Senior Olympics	$	14,856	$	14,856	57988
GRF	490-409	Ohio Community Service Council Operations	$	183,792	$	183,792	57989
GRF	490-410	Long-Term Care Ombudsman	$	654,965	$	654,965	57990
GRF	490-411	Senior Community Services	$	10,349,439	$	10,349,439	57991
GRF	490-412	Residential State Supplement	$	9,156,771	$	9,156,771	57992
GRF	490-414	Alzheimers Respite	$	4,131,594	$	4,131,594	57993
GRF	490-416	JCFS Community Options	$	250,000	$	250,000	57994
GRF	490-421	PACE	$	10,214,809	$	10,214,809	57995
GRF	490-422	Assisted Living Waiver	$	12,554,940	$	15,213,890	57996
GRF	490-506	National Senior Service Corps	$	335,296	$	335,296	57997
TOTAL GRF General Revenue Fund			$	178,875,222	$	211,339,148	57998

General Services Fund Group

57999

480	490-606	Senior Community Outreach and Education	$	372,677	$	372,677	58000
TOTAL GSF General Services Fund							58001
Group			$	372,677	$	372,677	58002

Federal Special Revenue Fund Group

58003

3C4	490-607	PASSPORT	$	301,767,486	$	301,274,172	58004
3C4	490-621	PACE-Federal	$	14,586,135	$	14,586,135	58005
3C4	490-622	Assisted Living-Federal	$	14,972,892	$	21,810,442	58006
3M4	490-612	Federal Independence Services	$	62,406,819	$	63,655,080	58007
3R7	490-617	Ohio Community Service Council Programs	$	8,870,000	$	8,870,000	58008
322	490-618	Federal Aging Grants	$	10,000,000	$	10,200,000	58009
TOTAL FED Federal Special Revenue							58010
Fund Group			$	412,603,332	`	420,395,829	58011

State Special Revenue Fund Group

58012

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	58013
4J4	490-610	PASSPORT/Residential State Supplement	$	33,491,930	$	33,263,984	58014
4U9	490-602	PASSPORT Fund	$	4,424,969	$	4,424,969	58015
5AA	490-673	Ohio's Best Rx Administration	$	1,184,154	$	910,801	58016
5BA	490-620	Ombudsman Support	$	600,000	$	600,000	58017
5K9	490-613	Long Term Care Consumers Guide	$	820,400	$	820,400	58018
5W1	490-616	Resident Services Coordinator Program	$	330,000	$	330,000	58019
624	490-604	OCSC Community Support	$	470,000	$	470,000	58020
TOTAL SSR State Special Revenue							58021
Fund Group			$	42,256,453	$	41,755,154	58022
TOTAL ALL BUDGET FUND GROUPS			$	634,107,684	$	673,862,808	58023

Section 213.20. PRE-ADMISSION REVIEW FOR NURSING FACILITY	58025
ADMISSION	58026

Pursuant to an interagency agreement, the Department of Job	58027
and Family Services shall designate the Department of Aging to	58028
perform assessments under sections 173.42 and 5111.204 of the	58029
Revised Code. Of the foregoing appropriation item 490-403,	58030
PASSPORT, the Department of Aging may use not more than $2,731,000	58031
in fiscal year 2008 and $2,813,000 in fiscal year 2009 to perform	58032
the assessments for persons not eligible for Medicaid under the	58033
department's interagency agreement with the Department of Job and	58034
Family Services and to assist individuals in planning for their	58035
long-term health care needs.	58036

PASSPORT

58037

Appropriation item 490-403, PASSPORT, and the amounts set	58038
aside for the PASSPORT Waiver Program in appropriation item	58039
490-610, PASSPORT/Residential State Supplement, may be used to	58040
assess clients regardless of Medicaid eligibility.	58041

The Director of Aging shall adopt rules under section 111.15	58042
of the Revised Code governing the nonwaiver funded PASSPORT	58043
program, including client eligibility.	58044

The Department of Aging shall administer the Medicaid	58045
waiver-funded PASSPORT Home Care Program as delegated by the	58046
Department of Job and Family Services in an interagency agreement.	58047
The foregoing appropriation item 490-403, PASSPORT, and the	58048
amounts set aside for the PASSPORT Waiver Program in appropriation	58049
item 490-610, PASSPORT/Residential State Supplement, shall be used	58050
to provide the required state match for federal Medicaid funds	58051
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	58052
Appropriation item 490-403, PASSPORT, and the amounts set aside	58053
for the PASSPORT Waiver Program in appropriation item 490-610,	58054
PASSPORT/Residential State Supplement, may also be used to support	58055
the Department of Aging's administrative costs associated with	58056
operating the PASSPORT program.	58057

The foregoing appropriation item 490-607, PASSPORT, shall be	58058
used to provide the federal matching share for all PASSPORT	58059
program costs determined by the Department of Job and Family	58060
Services to be eligible for Medicaid reimbursement.	58061

OHIO COMMUNITY SERVICE COUNCIL

58062

The foregoing appropriation items 490-409, Ohio Community	58063
Service Council Operations, and 490-617, Ohio Community Service	58064
Council Programs, shall be used in accordance with section 121.40	58065
of the Revised Code.	58066

LONG-TERM CARE OMBUDSMAN

58067

The foregoing appropriation item 490-410, Long-Term Care	58068
Ombudsman, shall be used for a program to fund ombudsman program	58069
activities as authorized in sections 173.14 to 173.27 and section	58070
173.99 of the Revised Code.	58071

SENIOR COMMUNITY SERVICES

58072

Appropriation item 490-411, Senior Community Services, shall	58073
be used for services designated by the Department of Aging,	58074
including, but not limited to, home-delivered and congregate	58075
meals, transportation services, personal care services, respite	58076
services, adult day services, home repair, care coordination, and	58077
decision support systems. Service priority shall be given to low	58078
income, frail, and cognitively impaired persons 60 years of age	58079
and over. The department shall promote cost sharing by service	58080
recipients for those services funded with senior community	58081
services funds, including, when possible, sliding-fee scale	58082
payment systems based on the income of service recipients.	58083

RESIDENTIAL STATE SUPPLEMENT

58084

Under the Residential State Supplement Program, the amount	58085
used to determine whether a resident is eligible for payment and	58086
for determining the amount per month the eligible resident will	58087
receive shall be as follows:	58088

(A) $927 for a residential care facility, as defined in	58089
section 3721.01 of the Revised Code;	58090

(B) $927 for an adult group home, as defined in Chapter 3722.	58091
of the Revised Code;	58092

(C) $824 for an adult foster home, as defined in Chapter 173.	58093
of the Revised Code;	58094

(D) $824 for an adult family home, as defined in Chapter	58095
3722. of the Revised Code;	58096

(E) $824 for an adult community alternative home, as defined	58097
in Chapter 3724. of the Revised Code;	58098

(F) $824 for an adult residential facility, as defined in	58099
Chapter 5119. of the Revised Code;	58100

(G) $618 for adult community mental health housing services,	58101
as defined in division (B)(5) of section 173.35 of the Revised	58102
Code.	58103

The Departments of Aging and Job and Family Services shall	58104
reflect these amounts in any applicable rules the departments	58105
adopt under section 173.35 of the Revised Code.	58106

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

58107

The Department of Aging may transfer cash by intrastate	58108
transfer vouchers from the foregoing appropriation items 490-412,	58109
Residential State Supplement, and 490-610, PASSPORT/Residential	58110
State Supplement, to the Department of Job and Family Services'	58111
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	58112
funds shall be used to make benefit payments to Residential State	58113
Supplement recipients.	58114

ALZHEIMERS RESPITE

58115

The foregoing appropriation item 490-414, Alzheimers Respite,	58116
shall be used to fund only Alzheimer's disease services under	58117
section 173.04 of the Revised Code.	58118

JCFS COMMUNITY OPTIONS

58119

The foregoing appropriation item 490-416, JCFS Community	58120
Options, shall be used for noncapital expenses related to	58121
transportation services for the elderly that provide access to	58122
such things as healthcare services, congregate meals,	58123
socialization programs, and grocery shopping. The funds shall pass	58124
through and shall be administered by the Area Agencies on Aging.	58125
Agencies receiving funding from appropriation item 490-416, JCFS	58126
Community Options, shall coordinate services with other local	58127
service agencies. The appropriation shall be allocated to the	58128
following agencies:	58129

(A) $80,000 in both fiscal years to Cincinnati Jewish	58130
Vocational Services;	58131

(B) $70,000 in both fiscal years to Wexner Heritage Village;

58132

(C) $20,000 in both fiscal years to Yassenoff Jewish	58133
Community Center;	58134

(D) $80,000 in both fiscal years to Cleveland Jewish	58135
Community Center.	58136

ALLOCATION OF PACE SLOTS

58137

In order to effectively administer and manage growth within	58138
the PACE Program, the Director of Aging may, as the director deems	58139
appropriate and to the extent funding is available, allocate funds	58140
for the PACE Program between the PACE sites in Cleveland and	58141
Cincinnati.	58142

OHIO'S BEST RX START-UP COSTS

58143

An amount equal to the unencumbered balance in appropriation	58144
item 490-440, Ohio's Best Rx Start-up Costs, from fiscal year 2007	58145
is hereby appropriated for fiscal year 2008 into appropriation	58146
item 490-440, Ohio's Best Rx Start-up Costs.	58147

An amount equal to the remaining unencumbered balance in	58148
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, from	58149
fiscal year 2008 is hereby appropriated for fiscal year 2009 into	58150
appropriation item 490-440, Ohio's Best Rx Start-Up Costs. The	58151
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, shall	58152
be used by the Department of Aging to pay for the administrative	58153
and operational expenses of the Ohio's Best Rx Program in	58154
accordance with sections 173.71 to 173.91 of the Revised Code,	58155
including costs associated with the duties assigned by the	58156
department to the Ohio's Best Rx Program Administrator and for	58157
making payments to participating terminal distributors until	58158
sufficient cash exists to make payments from the accounts created	58159
in sections 173.85 and 173.86 of the Revised Code. Of	58160
appropriation item 490-440, Ohio's Best Rx Start-Up Costs, not	58161
more than $750,000 in each fiscal year may be used by the	58162
department for administrative and operational costs, excluding	58163
outreach, that are not associated with the Ohio's Best Rx Program	58164
Administrator or the payments to participating terminal	58165
distributors.	58166

EDUCATION AND TRAINING

58167

The foregoing appropriation item 490-606, Senior Community	58168
Outreach and Education, may be used to provide training to workers	58169
in the field of aging pursuant to division (G) of section 173.02	58170
of the Revised Code.	58171

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

58172

The foregoing appropriation item 490-609, Regional Long-Term	58173
Care Ombudsman Program, shall be used solely to pay the costs of	58174
operating the regional long-term care ombudsman programs	58175
designated by the Long-Term Care Ombudsman.	58176

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

58177

Of the foregoing appropriation item 490-610,	58178
PASSPORT/Residential State Supplement, up to $2,835,000 each	58179
fiscal year may be used to fund the Residential State Supplement	58180
Program. The remaining available funds shall be used to fund the	58181
PASSPORT program.	58182

FEDERAL SUPPORTIVE SERVICES FUND

58183

On July 1, 2007, as soon as possible thereafter, the Director	58184
of Budget and Management shall transfer all assets, liabilities,	58185
revenues, and obligations associated with the Federal Aging	58186
Nutrition Fund (Fund 3M3) to the Federal Supportive Services Fund	58187
(Fund 3M4). Upon the transfer, the Federal Aging Nutrition Fund	58188
(Fund 3M3) shall cease to exist. The Director of Budget and	58189
Management shall cancel any existing encumbrances against	58190
appropriation item 490-611, Federal Aging Nutrition Fund (Fund	58191
3M3), and re-establish them against appropriation item 490-612,	58192
Federal Independence Services (Fund 3M4). The amounts of the	58193
re-established encumbrances are hereby appropriated.	58194

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	58195
AND FEDERAL AGING GRANTS	58196

Upon written request of the Director of Aging, the Director	58197
of Budget and Management may transfer appropriation authority	58198
among appropriation items 490-612, Federal Independence Services,	58199
and 490-618, Federal Aging Grants, in amounts not to exceed 30 per	58200
cent of the appropriation from which the transfer is made. The	58201
Department of Aging shall report a transfer to the Controlling	58202
Board at the next regularly scheduled meeting of the board.	58203

TRANSFER OF RESIDENT PROTECTION FUNDS

58204

The Director of Budget and Management shall transfer $600,000	58205
per year in cash from Fund 4E3, Resident Protection Fund, in the	58206
Department of Job and Family Services, to Fund 5BA in the	58207
Department of Aging, to be used for the expansion of ombudsman	58208
services to enhance consumer involvement and person-centered care	58209
planning in nursing homes by the Office of the State Long-Term	58210
Care Ombudsman created by the Department of Aging under division	58211
(M) of section 173.01 of the Revised Code.	58212

OHIO'S BEST RX ADMINISTRATION

58213

The foregoing appropriation item 490-673, Ohio's Best Rx	58214
Administration, shall be used on an ongoing basis to cover	58215
expenses associated with the Ohio's Best Rx Program specified in	58216
section 173.86 of the Revised Code. If receipts to the fund exceed	58217
the appropriated amount, the Director of Aging may seek	58218
Controlling Board approval to increase the appropriation of this	58219
fund. Upon approval from the Controlling Board, the additional	58220
amounts are hereby appropriated.	58221

Section 213.30. UNIFIED LONG-TERM CARE BUDGET WORKGROUP

58222

(A) There is hereby created the Unified Long-Term Care Budget	58223
Workgroup consisting of the following:	58224

(1) The Director of Aging;

58225

(2) Consumer advocates;

58226

(3) Representatives of the provider community;

58227

(4) State policy makers.

58228

The Director of Aging shall serve as the chairperson of the	58229
Workgroup.	58230

(B) The Workgroup shall develop a unified long-term care	58231
budget that facilitates the following:	58232

(1) Providing a consumer a choice of services that meet the	58233
consumer's health care needs and improve the consumer's quality of	58234
life;	58235

(2) Providing a continuum of services that meet the needs of	58236
a consumer throughout life;	58237

(3) Consolidating policymaking authority and the associated	58238
budgets in a single entity to simplify the consumer's decision	58239
making and maximize the state's flexibility in meeting the	58240
consumer's needs;	58241

(4) Assuring the state has a system that is cost effective	58242
and links disparate services across agencies and jurisdictions.	58243

(C) The Workgroup shall submit a written implementation plan	58244
to the Governor not later than June 1, 2008. The plan shall	58245
incorporate the following:	58246

(1) Recommendations regarding the structure of the unified	58247
long-term care budget;	58248

(2) A plan outlining how funds can be transferred among	58249
involved agencies in a fiscally neutral manner;	58250

(3) Identification of the resources needed to implement the	58251
unified budget in a multiphase approach starting in fiscal year	58252
2009;	58253

(4) Success criteria and tools to measure progress against	58254
the success criteria.	58255

The plan shall consider the recommendations of the Medicaid	58256
Administrative Study Council and the Ohio Commission to Reform	58257
Medicaid.	58258

Section 215.10. AGR DEPARTMENT OF AGRICULTURE

58259

General Revenue Fund

58260

GRF	700-321	Operating Expenses	$	2,605,330	$	2,605,330	58261
GRF	700-401	Animal Disease Control	$	3,574,506	$	3,574,506	58262
GRF	700-403	Dairy Division	$	1,304,504	$	1,304,504	58263
GRF	700-404	Ohio Proud	$	196,895	$	196,895	58264
GRF	700-405	Animal Damage Control	$	60,000	$	60,000	58265
GRF	700-406	Consumer Analytical Lab	$	953,906	$	953,906	58266
GRF	700-407	Food Safety	$	865,100	$	865,100	58267
GRF	700-409	Farmland Preservation	$	241,573	$	241,573	58268
GRF	700-410	Plant Industry	$	350,000	$	350,000	58269
GRF	700-411	International Trade and Market Development	$	617,524	$	617,524	58270
GRF	700-412	Weights and Measures	$	1,300,000	$	1,300,000	58271
GRF	700-413	Gypsy Moth Prevention	$	200,000	$	200,000	58272
GRF	700-415	Poultry Inspection	$	400,000	$	400,000	58273
GRF	700-418	Livestock Regulation Program	$	1,428,496	$	1,428,496	58274
GRF	700-424	Livestock Testing and Inspections	$	115,946	$	115,946	58275
GRF	700-499	Meat Inspection Program - State Share	$	4,696,889	$	4,696,889	58276
GRF	700-501	County Agricultural Societies	$	483,226	$	483,226	58277
GRF	700-503	Livestock Exhibition Fund	$	62,500	$	62,500	58278
TOTAL GRF General Revenue Fund			$	19,456,395	$	19,456,395	58279

General Services Fund Group

58280

5DA	700-644		Laboratory Administration Support		$	1,100,000		$	1,100,000		58281
TOTAL GSF General Services Fund Group					$	1,100,000		$	1,100,000		58282

Federal Special Revenue Fund Group

58283

3AB	700-641	Agricultural Easement	$	2,000,000	$	2,000,000	58284
3J4	700-607	Indirect Cost	$	600,000	$	600,000	58285
3R2	700-614	Federal Plant Industry	$	4,800,000	$	4,800,000	58286
326	700-618	Meat Inspection Program - Federal Share	$	4,960,000	$	4,950,000	58287
336	700-617	Ohio Farm Loan Revolving Fund	$	44,679	$	44,679	58288
382	700-601	Cooperative Contracts	$	3,700,000	$	3,700,000	58289
TOTAL FED Federal Special Revenue							58290
Fund Group			$	16,104,679	$	16,094,679	58291

State Special Revenue Fund Group

58292

4C9	700-605	Feed, Fertilizer, Seed, and Lime Inspection	$	1,850,000	$	1,850,000	58293
4D2	700-609	Auction Education	$	24,601	$	24,601	58294
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	58295
4P7	700-610	Food Safety Inspection	$	858,096	$	858,096	58296
4R2	700-637	Dairy Industry Inspection	$	1,500,000	$	1,500,000	58297
4T6	700-611	Poultry and Meat Inspection	$	47,294	$	47,294	58298
4T7	700-613	International Trade and Market Development	$	15,000	$	15,000	58299
494	700-612	Agricultural Commodity Marketing Program	$	250,000	$	250,000	58300
496	700-626	Ohio Grape Industries	$	850,000	$	849,999	58301
497	700-627	Commodity Handlers Regulatory Program	$	500,000	$	500,000	58302
5B8	700-629	Auctioneers	$	365,390	$	365,390	58303
5H2	700-608	Metrology Lab and Scale Certification	$	427,526	$	427,526	58304
5L8	700-604	Livestock Management Program	$	30,000	$	30,000	58305
578	700-620	Ride Inspection Fees	$	1,000,000	$	1,000,001	58306
652	700-634	Animal and Consumer Analytical Laboratory	$	3,000,000	$	3,000,000	58307
669	700-635	Pesticide Program	$	2,800,000	$	2,800,000	58308
TOTAL SSR State Special Revenue							58309
Fund Group			$	13,590,966	$	13,590,966	58310

Clean Ohio Fund Group

58311

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		58312
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		58313

TOTAL ALL BUDGET FUND GROUPS

49,301,040

49,291,040

58314

OHIO - ISRAEL AGRICULTURAL INITIATIVE

58315

Of the foregoing General Revenue Fund appropriation item	58316
700-411, International Trade and Market Development, $100,000	58317
shall be used in each fiscal year for the Ohio - Israel	58318
Agricultural Initiative.	58319

COUNTY AGRICULTURAL SOCIETIES

58320

The foregoing appropriation item 700-501, County Agricultural	58321
Societies, shall be used to reimburse county and independent	58322
agricultural societies for expenses related to Junior Fair	58323
activities.	58324

LIVESTOCK EXHIBITION FUND

58325

The foregoing appropriation item 700-503, Livestock	58326
Exhibition Fund, shall be used in accordance with section 901.42	58327
of the Revised Code.	58328

CORRECTIVE CASH TRANSFER TO ANIMAL HEALTH AND FOOD SAFETY	58329
FUND	58330

On the effective date of this section, or as soon as possible	58331
thereafter, the Director of Budget and Management may transfer all	58332
cash from the Animal Industry Laboratory Fund (Fund 4V5) to the	58333
Laboratory Services Fund (Fund 652) to correct deposits that were	58334
mistakenly deposited to the Laboratory Services Fund (Fund 4V5).	58335

Section 217.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

58336

General Revenue Fund

58337

GRF	898-402	Coal Development Office	$	565,097	$	589,092	58338
GRF	898-901	Coal R&D General Obligation Debt Service	$	7,232,400	$	8,192,500	58339
TOTAL GRF General Revenue Fund			$	7,797,497	$	8,781,592	58340

General Services Fund Group

58341

5EG	898-608		Energy Strategy Development		$	307,000		$	307,000		58342
TOTAL GSF General Services Fund					$	307,000		$	307,000		58343

Agency Fund Group

58344

4Z9	898-602	Small Business Ombudsman	$	287,146	$	294,290	58345
5A0	898-603	Small Business Assistance	$	71,087	$	71,087	58346
570	898-601	Operating Expenses	$	255,000	$	264,000	58347
TOTAL AGY Agency Fund Group			$	613,233	$	629,377	58348

Coal Research/Development Fund

58349

046	898-604	Coal Research and Development Fund	$	10,000,000	$	10,000,000	58350
TOTAL 046 Coal Research/Development Fund			$	10,000,000	$	10,000,000	58351
TOTAL ALL BUDGET FUND GROUPS			$	18,717,730	$	19,717,969	58352

COAL DEVELOPMENT OFFICE

58353

The foregoing appropriation item GRF 898-402, Coal	58354
Development Office, shall be used for the administrative costs of	58355
the Coal Development Office.	58356

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

58357

The foregoing appropriation item GRF 898-901, Coal R & D	58358
General Obligation Debt Service, shall be used to pay all debt	58359
service and related financing costs at the times they are required	58360
to be made during the period from July 1, 2007 to June 30, 2009	58361
for obligations issued under sections 151.01 and 151.07 of the	58362
Revised Code.	58363

SCIENCE AND TECHNOLOGY COLLABORATION

58364

The Air Quality Development Authority shall work in close	58365
collaboration with the Department of Development, the Board of	58366
Regents, and the Third Frontier Commission in relation to	58367
appropriation items and programs referred to as Alignment Programs	58368
in the following paragraph, and other technology-related	58369
appropriations and programs in the Department of Development, Air	58370
Quality Development Authority, and the Board of Regents as those	58371
agencies may designate, to ensure implementation of a coherent	58372
state strategy with respect to science and technology.	58373

To the extent permitted by law, the Air Quality Development	58374
Authority shall assure that coal research and development	58375
programs, proposals, and projects consider or incorporate	58376
appropriate collaborations with Third Frontier Project programs	58377
and grantees and with Alignment Programs and grantees.	58378

"Alignment Programs" means: appropriation items 195-401,	58379
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	58380
Third Frontier Action Fund; 898-604, Coal Research and Development	58381
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	58382
Institute of Technology; 235-510, Ohio Supercomputer Center;	58383
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	58384
235-535, Ohio Agricultural Research and Development Center;	58385
235-553, Dayton Area Graduate Studies Institute; 235-554,	58386
Priorities in Collaborative Graduate Education; 235-556, Ohio	58387
Academic Resources Network; and 195-435, Biomedical Research and	58388
Technology Transfer Trust.	58389

Consistent with the recommendations of the Governor's	58390
Commission on Higher Education and the Economy, Alignment Programs	58391
shall be managed and administered (1) to build on existing	58392
competitive research strengths, (2) to encourage new and emerging	58393
discoveries and commercialization of ideas and products that will	58394
benefit the Ohio economy, and (3) to assure improved collaboration	58395
among Alignment Programs, with programs administered by the Third	58396
Frontier Commission, and with other state programs that are	58397
intended to improve economic growth and job creation.	58398

As directed by the Third Frontier Commission, Alignment	58399
Program managers shall report to the Commission or to the Third	58400
Frontier Advisory Board on the contributions of their programs to	58401
achieving the objectives stated in the preceding paragraph.	58402

Each alignment program shall be reviewed annually by the	58403
Third Frontier Commission with respect to its development of	58404
complementary relationships within a combined state science and	58405
technology investment portfolio and its overall contribution to	58406
the state's science and technology strategy, including the	58407
adoption of appropriately consistent criteria for: (1) the	58408
scientific merit of activities supported by the program; (2) the	58409
relevance of the program's activities to commercial opportunities	58410
in the private sector; (3) the private sector's involvement in a	58411
process that continually evaluates commercial opportunities to use	58412
the work supported by the program; and (4) the ability of the	58413
program and recipients of grant funding from the program to engage	58414
in activities that are collaborative, complementary, and efficient	58415
with respect to the expenditure of state funds. Each alignment	58416
program shall provide annual reports to the Third Frontier	58417
Commission discussing existing, planned, or possible	58418
collaborations between programs and recipients of grant funding	58419
related to technology, development, commercialization, and	58420
supporting Ohio's economic development. The annual review by the	58421
Third Frontier Commission shall be a comprehensive review of the	58422
entire state science and technology program portfolio rather than	58423
a review of individual programs.	58424

Applicants for Third Frontier and Alignment Program funding	58425
shall identify their requirements for high-performance computing	58426
facilities and services, including both hardware and software, in	58427
all proposals. If an applicant's requirements exceed approximately	58428
$100,000 for a proposal, the Ohio Supercomputer Center shall	58429
convene a panel of experts. The panel shall review the proposal to	58430
determine whether the proposal's requirements can be met through	58431
Ohio Supercomputer Center facilities or through other means and	58432
report its conclusion to the Third Frontier Commission.	58433

To ensure that the state receives the maximum benefit from	58434
its investment in the Third Frontier Project and the Third	58435
Frontier Network, organizations receiving Third Frontier awards	58436
and Alignment Program awards shall, as appropriate, be expected to	58437
have a connection to the Third Frontier Network that enables them	58438
and their collaborators to achieve award objectives through the	58439
Third Frontier Network.	58440

CORRECTIVE CASH TRANSFER

58441

On the effective date of this section, or as soon as possible	58442
thereafter, the Director of Budget and Management may transfer	58443
$35,555.35 in cash from the General Revenue Fund (GRF) into the	58444
Coal Research and Development Bond Services Fund (Fund 076) to	58445
correct deposits that were mistakenly deposited into the General	58446
Revenue Fund (GRF).	58447

Section 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	58448
SERVICES	58449

General Revenue Fund

58450

GRF	038-321	Operating Expenses	$	1,071,861	$	1,071,861	58451
GRF	038-401	Treatment Services	$	33,661,063	$	36,661,063	58452
GRF	038-404	Prevention Services	$	1,052,127	$	1,552,127	58453
TOTAL GRF General Revenue Fund			$	35,785,051	$	39,285,051	58454

General Services Fund

58455

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		58456
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		58457

Federal Special Revenue Fund Group

58458

3CK	038-625	TANF	$	5,000,000	$	5,000,000	58459
3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	58460
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	58461
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	58462
3J8	038-610	Medicaid	$	46,000,000	$	46,000,000	58463
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	58464
TOTAL FED Federal Special Revenue							58465
Fund Group			$	135,093,075	$	135,093,075	58466

State Special Revenue Fund Group

58467

475	038-621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	58468
5BR	038-406	Tobacco Use Prevention and Control Program	$	205,000	$	205,000	58469
5DH	038-620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	58470
689	038-604	Education and Conferences	$	350,000	$	350,000	58471
TOTAL SSR State Special Revenue							58472
Fund Group			$	18,882,500	$	18,882,500	58473
TOTAL ALL BUDGET FUND GROUPS			$	190,045,626	$	193,545,626	58474

TREATMENT SERVICES

58475

Of the foregoing appropriation item 038-401, Treatment	58476
Services, not more than $8,190,000 shall be used by the Department	58477
of Alcohol and Drug Addiction Services for program grants for	58478
priority populations in each year of the biennium.	58479

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

58480

Of the foregoing appropriation item 038-401, Treatment	58481
Services, $4 million in each fiscal year shall be used to provide	58482
substance abuse services to families involved in the child welfare	58483
system under the requirements of Am. Sub. H.B. 484 of the 122nd	58484
General Assembly.	58485

THERAPEUTIC COMMUNITIES

58486

Of the foregoing appropriation item 038-401, Treatment	58487
Services, $750,000 shall be used in each fiscal year for the	58488
Therapeutic Communities Program in the Department of	58489
Rehabilitation and Correction.	58490

JUVENILE AFTERCARE PROGRAM

58491

Of the foregoing appropriation item 038-401, Treatment	58492
Services, $2,500,000 shall be used in fiscal year 2009 for the	58493
Juvenile Aftercare Program to provide community-based alcohol and	58494
other drug treatment to parolees from the Department of Youth	58495
Services.	58496

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

58497

Of the foregoing appropriation item 038-625, TANF	58498
Reimbursement, an amount up to $5 million each year shall be used	58499
to reimburse counties for TANF-eligible expenditures for substance	58500
abuse prevention and treatment services to children, or their	58501
families, whose income is at or below 200 per cent of the federal	58502
poverty level. The Director of Alcohol and Drug Addiction Services	58503
and the Director of Job and Family Services shall enter into an	58504
interagency agreement that meets federal requirements.	58505

PERFORMANCE AUDIT

58506

The Auditor of State shall complete a performance audit of	58507
the Department of Alcohol and Drug Addiction Services. Upon	58508
completing the performance audit, the Auditor of State shall	58509
submit a report of the findings of the audit to the Governor, the	58510
President of the Senate, the Speaker of the House of	58511
Representatives, and the Director of Alcohol and Drug Addiction	58512
Services. Expenses incurred by the Auditor of State to conduct the	58513
performance audit shall be reimbursed by the Department of Alcohol	58514
and Drug Addiction Services.	58515

Section 221.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

58516

General Services Fund Group

58517

4K9	891-609	Operating Expenses	$	638,110	$	565,141	58518
TOTAL GSF General Services Fund							58519
Group			$	638,110	$	565,141	58520
TOTAL ALL BUDGET FUND GROUPS			$	638,110	$	565,141	58521

Section 223.10. ART OHIO ARTS COUNCIL

58523

General Revenue Fund

58524

GRF	370-100	Personal Services	$	1,798,235	$	1,798,235	58525
GRF	370-200	Maintenance	$	459,746	$	459,746	58526
GRF	370-300	Equipment	$	82,700	$	82,700	58527
GRF	370-502	State Program Subsidies	$	10,147,480	$	10,147,480	58528
TOTAL GRF General Revenue Fund			$	12,488,161	$	12,488,161	58529

General Services Fund Group

58530

4B7	370-603	Percent for Art Acquisitions	$	86,366	$	86,366	58531
460	370-602	Management Expenses and Donations	$	285,000	$	285,000	58532
TOTAL GSF General Services Fund Group			$	371,366	$	371,366	58533

Federal Special Revenue Fund Group

58534

314	370-601	Federal Support	$	800,000	$	800,000	58535
TOTAL FED Federal Special Revenue Fund Group			$	800,000	$	800,000	58536
TOTAL ALL BUDGET FUND GROUPS			$	13,659,527	$	13,659,527	58537

PROGRAM SUBSIDIES

58538

A museum is not eligible to receive funds from appropriation	58539
item 370-502, State Program Subsidies, if $8,000,000 or more in	58540
capital appropriations were appropriated by the state for the	58541
museum between January 1, 1986, and December 31, 2002.	58542

Section 225.10. ATH ATHLETIC COMMISSION

58543

General Services Fund Group

58544

4K9	175-609	Operating Expenses	$	255,850	$	255,850	58545
TOTAL GSF General Services Fund Group			$	255,850	$	255,850	58546
TOTAL ALL BUDGET FUND GROUPS			$	255,850	$	255,850	58547

Section 227.10. AGO ATTORNEY GENERAL

58549

General Revenue Fund

58550

GRF	055-321	Operating Expenses	$	54,063,833	$	54,007,332	58551
GRF	055-404	Tobacco Settlement Enforcement	$	0	$	723,797	58552
GRF	055-411	County Sheriffs' Pay Supplement	$	813,117	$	842,134	58553
GRF	055-415	County Prosecutors' Pay Supplement	$	896,404	$	923,888	58554
TOTAL GRF General Revenue Fund			$	55,773,354	$	56,497,151	58555

General Services Fund Group

58556

106	055-612	General Reimbursement	$	29,870,196	$	29,870,196	58557
195	055-660	Workers' Compensation Section	$	8,002,720	$	8,002,720	58558
4Y7	055-608	Title Defect Rescission	$	750,000	$	750,000	58559
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	58560
418	055-615	Charitable Foundations	$	6,919,850	$	7,064,978	58561
420	055-603	Attorney General Antitrust	$	1,500,000	$	1,500,000	58562
421	055-617	Police Officers' Training Academy Fee	$	2,000,000	$	2,000,000	58563
5A9	055-618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	58564
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	58565
629	055-636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	58566
631	055-637	Consumer Protection Enforcement	$	2,500,000	$	2,500,000	58567
TOTAL GSF General Services Fund							58568
Group			$	52,663,636	$	52,808,764	58569

Federal Special Revenue Fund Group

58570

3E5	055-638	Attorney General Pass-Through Funds	$	2,850,000	$	3,030,000	58571
3R6	055-613	Attorney General Federal Funds	$	4,870,000	$	5,115,000	58572
306	055-620	Medicaid Fraud Control	$	3,139,500	$	3,296,500	58573
381	055-611	Civil Rights Legal Service	$	402,540	$	402,540	58574
383	055-634	Crime Victims Assistance	$	16,000,000	$	16,000,000	58575
TOTAL FED Federal Special Revenue							58576
Fund Group			$	27,262,040	$	27,844,040	58577

State Special Revenue Fund Group

58578

4L6	055-606	DARE	$	3,927,962	$	3,927,962	58579
402	055-616	Victims of Crime	$	34,000,000	$	34,000,000	58580
419	055-623	Claims Section	$	25,000,000	$	25,000,000	58581
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	58582
TOTAL SSR State Special Revenue							58583
Fund Group			$	63,549,121	$	63,549,121	58584

Holding Account Redistribution Fund Group

58585

R04	055-631	General Holding Account	$	1,000,000	$	1,000,000	58586
R05	055-632	Antitrust Settlements	$	1,000	$	1,000	58587
R18	055-630	Consumer Frauds	$	750,000	$	750,000	58588
R42	055-601	Organized Crime Commission Distributions	$	25,025	$	25,025	58589
TOTAL 090 Holding Account							58590
Redistribution Fund Group			$	1,776,025	$	1,776,025	58591
TOTAL ALL BUDGET FUND GROUPS			$	201,024,176	$	202,475,101	58592

TOBACCO SETTLEMENT ENFORCEMENT

58593

The foregoing appropriation item 055-404, Tobacco Settlement	58594
Enforcement, shall be used by the Attorney General to pay costs	58595
incurred in the oversight, administration, and enforcement of the	58596
Tobacco Master Settlement Agreement.	58597

COUNTY SHERIFFS' PAY SUPPLEMENT

58598

The foregoing appropriation item 055-411, County Sheriffs'	58599
Pay Supplement, shall be used for the purpose of supplementing the	58600
annual compensation of county sheriffs as required by section	58601
325.06 of the Revised Code.	58602

At the request of the Attorney General, the Director of	58603
Budget and Management may transfer appropriation authority from	58604
appropriation item 055-321, Operating Expenses, to appropriation	58605
item 055-411, County Sheriffs' Pay Supplement. Any appropriation	58606
authority so transferred to appropriation item 055-411, County	58607
Sheriffs' Pay Supplement, shall be used to supplement the annual	58608
compensation of county sheriffs as required by section 325.06 of	58609
the Revised Code.	58610

COUNTY PROSECUTORS' PAY SUPPLEMENT

58611

The foregoing appropriation item 055-415, County Prosecutors'	58612
Pay Supplement, shall be used for the purpose of supplementing the	58613
annual compensation of certain county prosecutors as required by	58614
section 325.111 of the Revised Code.	58615

At the request of the Attorney General, the Director of	58616
Budget and Management may transfer appropriation authority from	58617
appropriation item 055-321, Operating Expenses, to appropriation	58618
item 055-415, County Prosecutors' Pay Supplement. Any	58619
appropriation authority so transferred to appropriation item	58620
055-415, County Prosecutors' Pay Supplement, shall be used to	58621
supplement the annual compensation of county prosecutors as	58622
required by section 325.111 of the Revised Code.	58623

WORKERS' COMPENSATION SECTION

58624

The Workers' Compensation Section Fund (Fund 195) is entitled	58625
to receive payments from the Bureau of Workers' Compensation and	58626
the Ohio Industrial Commission at the beginning of each quarter of	58627
each fiscal year to fund legal services to be provided to the	58628
Bureau of Workers' Compensation and the Ohio Industrial Commission	58629
during the ensuing quarter. The advance payment shall be subject	58630
to adjustment.	58631

In addition, the Bureau of Workers' Compensation shall	58632
transfer payments at the beginning of each quarter for the support	58633
of the Workers' Compensation Fraud Unit.	58634

All amounts shall be mutually agreed upon by the Attorney	58635
General, the Bureau of Workers' Compensation, and the Ohio	58636
Industrial Commission.	58637

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

58638

The foregoing appropriation item 055-636, Corrupt Activity	58639
Investigation and Prosecution, shall be used as provided by	58640
division (D)(2) of section 2923.35 of the Revised Code to dispose	58641
of the proceeds, fines, and penalties credited to the Corrupt	58642
Activity Investigation and Prosecution Fund, which is created in	58643
division (D)(1)(b) of section 2923.35 of the Revised Code.	58644

GENERAL HOLDING ACCOUNT

58645

The foregoing appropriation item 055-631, General Holding	58646
Account, shall be used to distribute moneys under the terms of	58647
relevant court orders received from settlements in a variety of	58648
cases involving the Office of the Attorney General.	58649

ATTORNEY GENERAL PASS-THROUGH FUNDS

58650

The foregoing appropriation item 055-638, Attorney General	58651
Pass-Through Funds, shall be used to receive federal grant funds	58652
provided to the Attorney General by other state agencies,	58653
including, but not limited to, the Department of Youth Services	58654
and the Department of Public Safety.	58655

ANTITRUST SETTLEMENTS

58656

The foregoing appropriation item 055-632, Antitrust	58657
Settlements, shall be used to distribute court-ordered antitrust	58658
settlements in which the Office of Attorney General represents the	58659
state or a political subdivision under section 109.81 of the	58660
Revised Code.	58661

CONSUMER FRAUDS

58662

The foregoing appropriation item 055-630, Consumer Frauds,	58663
shall be used for distribution of moneys from court-ordered	58664
judgments against sellers in actions brought by the Office of	58665
Attorney General under sections 1334.08 and 4549.48 and division	58666
(B) of section 1345.07 of the Revised Code. These moneys shall be	58667
used to provide restitution to consumers victimized by the fraud	58668
that generated the court-ordered judgments.	58669

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

58670

The foregoing appropriation item 055-601, Organized Crime	58671
Commission Distributions, shall be used by the Organized Crime	58672
Investigations Commission, as provided by section 177.011 of the	58673
Revised Code, to reimburse political subdivisions for the expenses	58674
the political subdivisions incur when their law enforcement	58675
officers participate in an organized crime task force.	58676

BCI ASSET FORFEITURE AND COST REIMBURSEMENT

58677

The Bureau of Criminal Identification and Investigation Asset	58678
Forfeiture and Cost Reimbursement Fund created by section 109.521	58679
of the Revised Code is the same fund as the BCI Asset Forfeiture	58680
and Cost Reimbursement Fund created by the Controlling Board in	58681
January 1997.	58682

FUND ADJUSTMENTS

58683

On July 1, 2007, or as soon as practicable thereafter, the	58684
Director of Budget and Management shall transfer the cash balance	58685
in the Employment Services Fund (Fund 107) to the General	58686
Reimbursement Fund (Fund 106). The Director shall cancel any	58687
existing encumbrances against appropriation item 055-624,	58688
Employment Services, and re-establish them against appropriation	58689
item 055-612, General Reimbursement. The amounts of the	58690
re-established encumbrances are hereby appropriated. Upon	58691
completion of these transfers, the Employment Services Fund (Fund	58692
107) is hereby abolished.	58693

On July 1, 2007, or as soon as practicable thereafter, the	58694
Director of Budget and Management shall transfer the cash balance	58695
in the Crime Victims Compensation Fund (Fund 108) to the	58696
Reparations Fund (Fund 402). Upon completion of this transfer, the	58697
Crime Victims Compensation Fund (Fund 108) is hereby abolished.	58698

Section 229.10. AUD AUDITOR OF STATE

58699

General Revenue Fund

58700

GRF	070-321	Operating Expenses	$	31,469,552	$	32,771,482	58701
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	600,000	$	600,000	58702
TOTAL GRF General Revenue Fund			$	32,069,552	$	33,371,482	58703

Auditor of State Fund Group

58704

109	070-601	Public Audit Expense - Intra-State	$	11,000,000	$	11,000,000	58705
422	070-601	Public Audit Expense - Local Government	$	33,000,000	$	34,000,000	58706
584	070-603	Training Program	$	181,250	$	181,250	58707
675	070-605	Uniform Accounting Network	$	3,317,336	$	3,317,336	58708
TOTAL AUD Auditor of State Fund							58709
Group			$	47,498,586	$	48,498,586	58710
TOTAL ALL BUDGET FUND GROUPS			$	79,568,138	$	81,870,068	58711

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

58712

The foregoing appropriation item 070-403, Fiscal	58713
Watch/Emergency Technical Assistance, shall be used for expenses	58714
incurred by the Office of the Auditor of State in its role	58715
relating to fiscal watch or fiscal emergency activities under	58716
Chapters 118. and 3316. of the Revised Code. Expenses include, but	58717
are not limited to, the following: duties related to the	58718
determination or termination of fiscal watch or fiscal emergency	58719
of municipal corporations, counties, or townships as outlined in	58720
Chapter 118. of the Revised Code and of school districts as	58721
outlined in Chapter 3316. of the Revised Code; development of	58722
preliminary accounting reports; performance of annual forecasts;	58723
provision of performance audits; and supervisory, accounting, or	58724
auditing services for the mentioned public entities and school	58725
districts. The unencumbered balance of appropriation item 070-403,	58726
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	58727
year 2008 is transferred to fiscal year 2009 for use under the	58728
same appropriation item.	58729

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND	58730
TRANSFER	58731

Upon the request of the Auditor of State, and subject to	58732
approval from the Controlling Board, effective July 1, 2007, or as	58733
soon thereafter as possible, the Director of Budget and Management	58734
shall transfer the appropriation balance in GRF appropriation item	58735
070-406, Uniform Accounting Network/Technology Improvements Fund,	58736
to GRF appropriation item 070-321, Operating Expenses. The	58737
Director shall cancel any existing encumbrances against GRF	58738
appropriation item 070-406, Uniform Accounting Network/Technology	58739
Improvement Fund, and re-establish them against GRF appropriation	58740
item 070-321, Operating Expenses. The amounts of the	58741
re-established encumbrances are hereby appropriated.	58742

Section 231.10. BRB BOARD OF BARBER EXAMINERS

58743

General Services Fund Group

58744

4K9	877-609	Operating Expenses	$	608,045	$	628,264	58745
TOTAL GSF General Services Fund							58746
Group			$	608,045	$	628,264	58747
TOTAL ALL BUDGET FUND GROUPS			$	608,045	$	628,264	58748

Section 233.10. OBM OFFICE OF BUDGET AND MANAGEMENT

58750

General Revenue Fund

58751

GRF	042-321	Budget Development and Implementation	$	2,026,011	$	2,128,284	58752
GRF	042-410	National Association Dues	$	28,700	$	29,561	58753
GRF	042-412	Audit of Auditor of State	$	60,460	$	60,460	58754
GRF	042-413	Payment Issuance	$	1,191,802	$	1,150,192	58755
GRF	042-416	Medicaid Agency Transition	$	0	$	1,500,000	58756
TOTAL GRF General Revenue Fund			$	3,306,973	$	4,868,497	58757

General Services Fund Group

58758

105	042-603		State Accounting and Budgeting		$	12,115,134		$	12,742,551		58759
TOTAL GSF General Services Fund Group					$	12,115,134		$	12,742,551		58760

Federal Special Revenue Fund Group

58761

3CM	042-606		Medicaid Agency Transition		$	0		$	1,500,000		58762
TOTAL FED Federal Special Revenue Fund Group					$	0		$	1,500,000		58763

State Special Revenue Fund Group

58764

5N4	042-602		OAKS Project Implementation		$	2,200,725		$	2,132,168		58765
TOTAL SSR State Special Revenue Fund Group					$	2,200,725		$	2,132,168		58766

Agency Fund Group

58767

5EH	042-604	Forgery Recovery	$	35,000	$	35,000	58768
TOTAL AGY Agency Fund Group			$	35,000	$	35,000	58769
TOTAL ALL BUDGET FUND GROUPS			$	17,657,832	$	21,278,216	58770

AUDIT COSTS

58771

Of the foregoing appropriation item 042-603, State Accounting	58772
and Budgeting, not more than $435,000 in fiscal year 2008 and	58773
$445,000 in fiscal year 2009 shall be used to pay for centralized	58774
audit costs associated with either Single Audit Schedules or	58775
financial statements prepared in conformance with generally	58776
accepted accounting principles for the state.	58777

Section 233.20. OAKS SUPPORT ORGANIZATION

58778

The OAKS Support Organization shall operate and maintain the	58779
financial management module of the state's enterprise resource	58780
planning system to support the activities of the Office of Budget	58781
and Management. The OAKS Support Organization shall recover the	58782
costs to establish and maintain the enterprise resource planning	58783
system through billings to the Office of Budget and Management.	58784

Effective July 1, 2007, the Office of Budget Management shall	58785
include the recovery of costs to administer the financial module	58786
of the OAKS System in the accounting and budgeting services	58787
payroll rate. These revenues shall be deposited to the credit of	58788
the Accounting and Budgeting Services Fund (Fund 105). Amounts	58789
deposited under this section are hereby appropriated to	58790
appropriation item 042-603, State Accounting and Budgeting. Not	58791
less than quarterly, the Office of Budget and Management shall	58792
process the intrastate transfer voucher billings to transfer the	58793
Accounting and Budgeting Services Fund (Fund 105) to the OAKS	58794
Support Organization Fund (Fund 5EB), to pay for the OAKS Support	58795
Organization Costs.	58796

TRANSFER BALANCE OF CONTINUOUS RECEIPTS FUND

58797

On or before July 31, 2007, the unencumbered cash balance in	58798
the Continuous Receipts Fund (Fund R06) shall be transferred to	58799
the Forgery Recovery Fund (Fund 5EH).	58800

Section 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

58801

General Revenue Fund

58802

GRF	874-100	Personal Services	$	2,057,000	$	2,057,000	58803
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	58804
TOTAL GRF General Revenue Fund			$	3,142,837	$	3,137,837	58805

General Services Fund Group

58806

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	58807
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	58808
TOTAL GSF General Services							58809
Fund Group			$	665,484	$	665,484	58810

Underground Parking Garage

58811

208	874-601	Underground Parking Garage Operations	$	2,706,993	$	2,706,993	58812
TOTAL UPG Underground Parking							58813
Garage			$	2,706,993	$	2,706,993	58814
TOTAL ALL BUDGET FUND GROUPS			$	6,515,314	$	6,510,314	58815

Section 237.10. SCR STATE BOARD OF CAREER COLLEGES AND	58817
SCHOOLS	58818

General Services Fund Group

58819

4K9	233-601	Operating Expenses	$	552,300	$	572,700	58820
TOTAL GSF General Services Fund Group			$	552,300	$	572,700	58821
TOTAL ALL BUDGET FUND GROUPS			$	552,300	$	572,700	58822

Section 239.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

58824

General Services Fund Group

58825

4K9	930-609	Operating Expenses	$	530,864	$	551,146	58826
TOTAL GSF General Services Fund Group			$	530,864	$	551,146	58827
TOTAL ALL BUDGET FUND GROUPS			$	530,864	$	551,146	58828

Section 241.10. CHR STATE CHIROPRACTIC BOARD

58830

General Services Fund Group

58831

4K9	878-609	Operating Expenses	$	607,445	$	621,621	58832
TOTAL GSF General Services Fund Group			$	607,445	$	621,621	58833
TOTAL ALL BUDGET FUND GROUPS			$	607,445	$	621,621	58834

Section 243.10. CIV OHIO CIVIL RIGHTS COMMISSION

58836

General Revenue Fund

58837

GRF	876-321		Operating Expenses		$	7,097,134		$	7,097,134		58838
TOTAL GRF General Revenue Fund					$	7,097,134		$	7,097,134		58839

Federal Special Revenue Fund Group

58840

334	876-601	Investigations	$	3,965,507	$	4,602,185	58841
TOTAL FED Federal Special Revenue							58842
Fund Group			$	3,965,507	$	4,602,185	58843

State Special Revenue Fund Group

58844

217	876-604	Operations Support	$	60,000	$	60,000	58845
TOTAL SSR State Special							58846
Revenue Fund Group			$	60,000	$	60,000	58847
TOTAL ALL BUDGET FUND GROUPS			$	11,122,641	$	11,759,319	58848

Section 245.10. COM DEPARTMENT OF COMMERCE

58850

General Revenue Fund

58851

GRF	800-410		Labor and Worker Safety		$	2,132,396		$	2,132,396		58852
Total GRF General Revenue Fund					$	2,132,396		$	2,132,396		58853

General Services Fund Group

58854

163	800-620	Division of Administration	$	4,323,037	$	4,413,037	58855
163	800-637	Information Technology	$	6,650,150	$	6,780,963	58856
5F1	800-635	Small Government Fire Departments	$	300,000	$	300,000	58857
543	800-602	Unclaimed Funds-Operating	$	7,880,468	$	8,049,937	58858
543	800-625	Unclaimed Funds-Claims	$	70,000,000	$	75,000,000	58859
TOTAL GSF General Services Fund							58860
Group			$	89,153,655	$	94,543,937	58861

Federal Special Revenue Fund Group

58862

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	58863
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	58864
TOTAL FED Federal Special Revenue							58865
Fund Group			$	2,045,008	$	2,045,008	58866

State Special Revenue Fund Group

58867

4B2	800-631	Real Estate Appraisal Recovery	$	35,000	$	35,000	58868
4H9	800-608	Cemeteries	$	273,465	$	273,465	58869
4X2	800-619	Financial Institutions	$	2,474,414	$	2,523,918	58870
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	58871
544	800-612	Banks	$	6,516,507	$	6,703,253	58872
545	800-613	Savings Institutions	$	2,244,370	$	2,286,616	58873
546	800-610	Fire Marshal	$	13,104,393	$	13,579,150	58874
546	800-639	Fire Department Grants	$	1,647,140	$	1,647,140	58875
546	800-640	Homeland Security Grants	$	10,000	$	10,000	58876
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	58877
548	800-611	Real Estate Recovery	$	50,000	$	50,000	58878
549	800-614	Real Estate	$	3,480,038	$	3,574,171	58879
550	800-617	Securities	$	4,312,453	$	4,473,094	58880
552	800-604	Credit Union	$	3,521,037	$	3,627,390	58881
553	800-607	Consumer Finance	$	5,800,445	$	5,800,445	58882
556	800-615	Industrial Compliance	$	25,033,908	$	25,570,011	58883
6A4	800-630	Real Estate Appraiser-Operating	$	664,006	$	664,006	58884
653	800-629	UST Registration/Permit Fee	$	1,512,512	$	1,467,160	58885
TOTAL SSR State Special Revenue							58886
Fund Group			$	70,979,688	$	72,584,819	58887

Liquor Control Fund Group

58888

043	800-601	Merchandising	$	440,499,979	$	464,027,015	58889
043	800-627	Liquor Control Operating	$	15,980,724	$	16,334,583	58890
043	800-633	Development Assistance Debt Service	$	33,678,800	$	38,616,800	58891
043	800-636	Revitalization Debt Service	$	12,620,900	$	15,683,300	58892
TOTAL LCF Liquor Control							58893
Fund Group			$	502,780,403	$	534,661,698	58894
TOTAL ALL BUDGET FUND GROUPS			$	667,091,150	$	705,967,858	58895

SMALL GOVERNMENT FIRE DEPARTMENTS

58896

Notwithstanding section 3737.17 of the Revised Code, the	58897
foregoing appropriation item 800-635, Small Government Fire	58898
Departments, may be used to provide loans to private fire	58899
departments.	58900

UNCLAIMED FUNDS PAYMENTS

58901

The foregoing appropriation item 800-625, Unclaimed	58902
Funds-Claims, shall be used to pay claims under section 169.08 of	58903
the Revised Code. If it is determined that additional amounts are	58904
necessary, the amounts are hereby appropriated.	58905

UNCLAIMED FUNDS TRANSFERS

58906

Notwithstanding division (A) of section 169.05 of the Revised	58907
Code, prior to June 30, 2008, and upon the request of the Director	58908
of Budget and Management, the Director of Commerce shall transfer	58909
to the General Revenue Fund up to $29,275,000 of unclaimed funds	58910
that have been reported by holders of unclaimed funds under	58911
section 169.05 of the Revised Code, irrespective of the allocation	58912
of the unclaimed funds under that section.	58913

Notwithstanding division (A) of section 169.05 of the Revised	58914
Code, prior to June 30, 2009, and upon the request of the Director	58915
of Budget and Management, the Director of Commerce shall transfer	58916
to the General Revenue Fund up to $29,275,000 of unclaimed funds	58917
that have been reported by holders of unclaimed funds under	58918
section 169.05 of the Revised Code, irrespective of the allocation	58919
of the unclaimed funds under that section.	58920

CASH TRANSFER TO GENERAL REVENUE FUND

58921

Notwithstanding any other law to the contrary, the Director	58922
of Budget and Management shall transfer up to $5,700,000 in cash	58923
in fiscal year 2008 and up to $5,800,000 in cash in fiscal year	58924
2009 from the State Fire Marshal Fund (Fund 546) to the General	58925
Revenue Fund.	58926

FIRE DEPARTMENT GRANTS

58927

Of the foregoing appropriation item 800-639, Fire Department	58928
Grants, up to $760,000 in each fiscal year shall be used to make	58929
annual grants to volunteer fire departments of up to $10,000, or	58930
up to $25,000 if the volunteer fire department provides service	58931
for an area affected by a natural disaster. The grant program	58932
shall be administered by the Fire Marshal under the Department of	58933
Commerce. The Fire Marshal shall adopt rules as are necessary for	58934
the administration and operation of the grant program.	58935

Of the foregoing appropriation item 800-639, Fire Department	58936
Grants, up to $687,140 in each fiscal year shall be used as full	58937
or partial reimbursement to local units of government and fire	58938
departments for the cost of firefighter training and equipment or	58939
gear. Under rules that the department shall adopt, a local unit of	58940
government or fire department may apply to the department for a	58941
grant to cover all documented costs that are incurred to provide	58942
firefighter training and equipment or gear. The department shall	58943
make grants within the limits of the funding provided, with	58944
priority given to fire departments that serve small villages and	58945
townships.	58946

Of the foregoing appropriation item 800-639, Fire Department	58947
Grants, up to $200,000 in each fiscal year shall be used to make	58948
grants to fire departments to assist in the conversion of existing	58949
data systems to the NFIRS 5 electronic fire reporting system.	58950
Under rules that the department shall adopt, awards shall have a	58951
maximum of $50,000 per fire department and shall be based on a	58952
point system that includes factors such as consideration of the	58953
fire department's information technology and operating budgets,	58954
population and area served, number of incidents, data conversion	58955
and implementation methods, and readiness.	58956

CASH TRANSFER TO REAL ESTATE OPERATING FUND

58957

At the request of the Director of Commerce, the Director of	58958
Budget and Management may transfer up to $100,000 in cash from the	58959
Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash	58960
from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the	58961
Real Estate Operating Fund (Fund 549) during fiscal years	58962
2008-2009.	58963

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

58964

The foregoing appropriation item 800-601, Merchandising,	58965
shall be used under section 4301.12 of the Revised Code. If it is	58966
determined that additional amounts are necessary, the amounts are	58967
hereby appropriated.	58968

DEVELOPMENT ASSISTANCE DEBT SERVICE

58969

The foregoing appropriation item 800-633, Development	58970
Assistance Debt Service, shall be used to pay debt service and	58971
related financing costs at the times they are required to be made	58972
during the period from July 1, 2007, to June 30, 2009, for bond	58973
service charges on obligations issued under Chapter 166. of the	58974
Revised Code. If it is determined that additional appropriations	58975
are necessary for this purpose, such amounts are hereby	58976
appropriated, subject to the limitations set forth in section	58977
166.11 of the Revised Code. An appropriation for this purpose is	58978
not required, but is made in this form and in this act for record	58979
purposes only.	58980

REVITALIZATION DEBT SERVICE

58981

The foregoing appropriation item 800-636, Revitalization Debt	58982
Service, shall be used to pay debt service and related financing	58983
costs under sections 151.01 and 151.40 of the Revised Code during	58984
the period from July 1, 2007, to June 30, 2009. If it is	58985
determined that additional appropriations are necessary for this	58986
purpose, such amounts are hereby appropriated. The General	58987
Assembly acknowledges the priority of the pledge of a portion of	58988
receipts from that source to obligations issued and to be issued	58989
under Chapter 166. of the Revised Code.	58990

ADMINISTRATIVE ASSESSMENTS

58991

Notwithstanding any other provision of law to the contrary,	58992
Fund 163, Division of Administration, is entitled to receive	58993
assessments from all operating funds of the department in	58994
accordance with procedures prescribed by the Director of Commerce	58995
and approved by the Director of Budget and Management.	58996

Section 247.10. OCC OFFICE OF CONSUMERS' COUNSEL

58997

General Services Fund Group

58998

5F5	053-601	Operating Expenses	$	8,498,070	$	8,498,070	58999
TOTAL GSF General Services Fund Group			$	8,498,070	$	8,498,070	59000
TOTAL ALL BUDGET FUND GROUPS			$	8,498,070	$	8,498,070	59001

Section 249.10. CEB CONTROLLING BOARD

59003

General Revenue Fund

59004

GRF	911-404	Mandate Assistance	$	650,000	$	650,000	59005
GRF	911-441	Ballot Advertising Costs	$	300,000	$	300,000	59006
TOTAL GRF General Revenue Fund			$	950,000	$	950,000	59007
TOTAL ALL BUDGET FUND GROUPS			$	950,000	$	950,000	59008

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	59009
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	59010

Notwithstanding any other provision of law to the contrary,	59011
the Director of Budget and Management may, with Controlling Board	59012
approval, transfer up to $4,000,000 in cash, in each of fiscal	59013
years 2008 and 2009, from the Disaster Services Fund (Fund 5E2) to	59014
the General Revenue Fund. Upon completion of the transfer, the	59015
Director of Budget and Management shall appropriate the	59016
transferred amount to appropriation item 911-401, Emergency	59017
Purposes/Contingencies. The Controlling Board may, at the request	59018
of any state agency or the Director of Budget and Management,	59019
transfer all or part of the appropriation in appropriation item	59020
911-401, Emergency Purposes/Contingencies, for the purpose of	59021
providing disaster and emergency situation aid to state agencies	59022
and political subdivisions in the event of disasters and emergency	59023
situations or for the other purposes noted in this section,	59024
including, but not limited to, costs related to the disturbance	59025
that occurred on April 11, 1993, at the Southern Ohio Correctional	59026
Facility in Lucasville, Ohio.	59027

FEDERAL SHARE

59028

In transferring appropriations to or from appropriation items	59029
that have federal shares identified in this act, the Controlling	59030
Board shall add or subtract corresponding amounts of federal	59031
matching funds at the percentages indicated by the state and	59032
federal division of the appropriations in this act. Such changes	59033
are hereby appropriated.	59034

DISASTER ASSISTANCE

59035

Pursuant to requests submitted by the Department of Public	59036
Safety, the Controlling Board may approve transfers from	59037
appropriation item 911-401, Emergency Purposes/Contingencies, to	59038
Department of Public Safety appropriation items to provide funding	59039
for assistance to political subdivisions and individuals made	59040
necessary by natural disasters or emergencies. Such transfers may	59041
be requested and approved prior to or following the occurrence of	59042
any specific natural disasters or emergencies in order to	59043
facilitate the provision of timely assistance.	59044

DISASTER SERVICES

59045

Pursuant to requests submitted by the Department of Public	59046
Safety, the Controlling Board may approve transfers from the	59047
Disaster Services Fund (5E2) to a Department of Public Safety fund	59048
and appropriation item to provide for assistance to political	59049
subdivisions made necessary by natural disasters or emergencies.	59050
These transfers may be requested and approved prior to the	59051
occurrence of any specific natural disasters or emergencies in	59052
order to facilitate the provision of timely assistance. The	59053
Emergency Management Agency of the Department of Public Safety	59054
shall use the funding to fund the State Disaster Relief Program	59055
for disasters that have been declared by the Governor, and the	59056
State Individual Assistance Program for disasters that have been	59057
declared by the Governor and the federal Small Business	59058
Administration. The Ohio Emergency Management Agency shall publish	59059
and make available application packets outlining procedures for	59060
the State Disaster Relief Program and the State Individual	59061
Assistance Program.	59062

The Disaster Services Fund (5E2) shall be used by the	59063
Controlling Board, pursuant to requests submitted by state	59064
agencies, to transfer cash and appropriation authority to any fund	59065
and appropriation item for the payment of state agency disaster	59066
relief program expenses for disasters declared by the Governor,	59067
if the Director of Budget and Management determines that	59068
sufficient funds exist.	59069

The unencumbered balance of the Disaster Services Fund (5E2)	59070
at the end of fiscal year 2008 is transferred to fiscal year 2009	59071
for use for the same purposes as in fiscal year 2009.	59072

SOUTHERN OHIO CORRECTIONAL FACILITY COST

59073

The Division of Criminal Justice Services in the Department	59074
of Public Safety and the Public Defender Commission may each	59075
request, upon approval of the Director of Budget and Management,	59076
additional funds from appropriation item 911-401, Emergency	59077
Purposes/Contingencies, for costs related to the disturbance that	59078
occurred on April 11, 1993, at the Southern Ohio Correctional	59079
Facility in Lucasville, Ohio.	59080

MANDATE ASSISTANCE

59081

(A) The foregoing appropriation item 911-404, Mandate	59082
Assistance, shall be used to provide financial assistance to local	59083
units of government and school districts for the cost of the	59084
following two state mandates:	59085

(1) The cost to county prosecutors for prosecuting certain	59086
felonies that occur on the grounds of state institutions operated	59087
by the Department of Rehabilitation and Correction and the	59088
Department of Youth Services;	59089

(2) The cost to school districts of in-service training for	59090
child abuse detection.	59091

(B) The Division of Criminal Justice Services in the	59092
Department of Public Safety and the Department of Education may	59093
prepare and submit to the Controlling Board one or more requests	59094
to transfer appropriations from appropriation item 911-404,	59095
Mandate Assistance. The state agencies charged with this	59096
administrative responsibility are listed below, as well as the	59097
estimated annual amounts that may be used for each program of	59098
state financial assistance.	59099

		ADMINISTERING		ESTIMATED ANNUAL		59100
PROGRAM		AGENCY		AMOUNT		59101

Prosecution Costs	Division of Criminal	$150,000	59102
	Justice Services		59103
Child Abuse Detection Training Costs	Department of Education	$500,000	59104

(C) Subject to the total amount appropriated in each fiscal	59105
year for appropriation item 911-404, Mandate Assistance, the	59106
Division of Criminal Justice Services in the Department of Public	59107
Safety and the Department of Education may request from the	59108
Controlling Board that amounts smaller or larger than these	59109
estimated annual amounts be transferred to each program.	59110

(D) In addition to making the initial transfers requested by	59111
the Division of Criminal Justice Services in the Department of	59112
Public Safety and the Department of Education, the Controlling	59113
Board may transfer appropriations received by a state agency under	59114
this section back to appropriation item 911-404, Mandate	59115
Assistance, or to the other program of state financial assistance	59116
identified under this section.	59117

(E) It is expected that not all costs incurred by local units	59118
of government and school districts under each of the two programs	59119
of state financial assistance identified in this section will be	59120
fully reimbursed by the state. Reimbursement levels may vary by	59121
program and shall be based on: the relationship between the	59122
appropriation transfers requested by the Division of Criminal	59123
Justice Services in the Department of Public Safety and the	59124
Department of Education and provided by the Controlling Board for	59125
each of the programs; the rules and procedures established for	59126
each program by the administering state agency; and the actual	59127
costs incurred by local units of government and school districts.	59128

(F) Each of these programs of state financial assistance	59129
shall be carried out as follows:	59130

(1) PROSECUTION COSTS

59131

(a) Appropriations may be transferred to the Division of	59132
Criminal Justice Services in the Department of Public Safety to	59133
cover local prosecution costs for aggravated murder, murder,	59134
felonies of the first degree, and felonies of the second degree	59135
that occur on the grounds of institutions operated by the	59136
Department of Rehabilitation and Correction and the Department of	59137
Youth Services.	59138

(b) Upon a delinquency filing in juvenile court or the return	59139
of an indictment for aggravated murder, murder, or any felony of	59140
the first or second degree that was committed at a Department of	59141
Youth Services or a Department of Rehabilitation and Correction	59142
institution, the affected county may, in accordance with rules	59143
that the Division of Criminal Justice Services in the Department	59144
of Public Safety shall adopt, apply to the Division of Criminal	59145
Justice Services for a grant to cover all documented costs that	59146
are incurred by the county prosecutor's office.	59147

(c) Twice each year, the Division of Criminal Justice	59148
Services in the Department of Public Safety shall designate	59149
counties to receive grants from those counties that have submitted	59150
one or more applications in compliance with the rules that have	59151
been adopted by the Division of Criminal Justice Services for the	59152
receipt of such grants. In each year's first round of grant	59153
awards, if sufficient appropriations have been made, up to a total	59154
of $100,000 may be awarded. In each year's second round of grant	59155
awards, the remaining appropriations available for this purpose	59156
may be awarded.	59157

(d) If for a given round of grants there are insufficient	59158
appropriations to make grant awards to all the eligible counties,	59159
the first priority shall be given to counties with cases involving	59160
aggravated murder and murder; second priority shall be given to	59161
counties with cases involving a felony of the first degree; and	59162
third priority shall be given to counties with cases involving a	59163
felony of the second degree. Within these priorities, the grant	59164
awards shall be based on the order in which the applications were	59165
received, except that applications for cases involving a felony of	59166
the first or second degree shall not be considered in more than	59167
two consecutive rounds of grant awards.	59168

(2) CHILD ABUSE DETECTION TRAINING COSTS

59169

Appropriations may be transferred to the Department of	59170
Education for disbursement to local school districts as full or	59171
partial reimbursement for the cost of providing in-service	59172
training for child abuse detection. In accordance with rules that	59173
the department shall adopt, a local school district may apply to	59174
the department for a grant to cover all documented costs that are	59175
incurred to provide in-service training for child abuse detection.	59176
The department shall make grants within the limits of the funding	59177
provided.	59178

(G) Any moneys allocated within appropriation item 911-404,	59179
Mandate Assistance, not fully utilized may, upon application of	59180
the Ohio Public Defender Commission, and with the approval of the	59181
Controlling Board, be disbursed to boards of county commissioners	59182
to provide additional reimbursement for the costs incurred by	59183
counties in providing defense to indigent defendants pursuant to	59184
Chapter 120. of the Revised Code. Application for the unutilized	59185
funds shall be made by the Ohio Public Defender Commission at the	59186
first June meeting of the Controlling Board.	59187

The amount to be disbursed to each county shall be allocated	59188
proportionately on the basis of the total amount of reimbursement	59189
paid to each county as a percentage of the amount of reimbursement	59190
paid to all of the counties during the most recent state fiscal	59191
year for which data is available and as calculated by the Ohio	59192
Public Defender Commission.	59193

BALLOT ADVERTISING COSTS

59194

Pursuant to requests submitted by the Ohio Ballot Board, the	59195
Controlling Board shall approve transfers from the foregoing	59196
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	59197
Ballot Board appropriation item in order to reimburse county	59198
boards of elections for the cost of public notices associated with	59199
statewide ballot initiatives.	59200

Section 251.10. COS STATE BOARD OF COSMETOLOGY

59201

General Services Fund Group

59202

4K9	879-609	Operating Expenses	$	3,533,679	$	3,533,679	59203
TOTAL GSF General Services Fund							59204
Group			$	3,533,679	$	3,533,679	59205
TOTAL ALL BUDGET FUND GROUPS			$	3,533,679	$	3,533,679	59206

Section 253.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	59208
AND FAMILY THERAPIST BOARD	59209

General Services Fund Group

59210

4K9	899-609	Operating Expenses	$	1,124,267	$	1,179,774	59211
TOTAL GSF General Services Fund							59212
Group			$	1,124,267	$	1,179,774	59213
TOTAL ALL BUDGET FUND GROUPS			$	1,124,267	$	1,179,774	59214

Section 255.10. CLA COURT OF CLAIMS

59216

General Revenue Fund

59217

GRF	015-321		Operating Expenses		$	2,758,681		$	2,841,441		59218
TOTAL GRF General Revenue Fund					$	2,758,681		$	2,841,441		59219

State Special Revenue Fund Group

59220

5K2	015-603	CLA Victims of Crime	$	1,582,684	$	1,582,684	59221
TOTAL SSR State Special Revenue							59222
Fund Group			$	1,582,684	$	1,582,684	59223
TOTAL ALL BUDGET FUND GROUPS			$	4,341,365	$	4,424,125	59224

Section 257.10. AFC OHIO CULTURAL FACILITIES COMMISSION

59226

General Revenue Fund

59227

GRF	371-321	Operating Expenses	$	176,136	$	176,136	59228
GRF	371-401	Lease Rental Payments	$	36,604,600	$	37,455,500	59229
TOTAL GRF General Revenue Fund			$	36,780,736	$	37,631,636	59230

State Special Revenue Fund Group

59231

4T8	371-601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	59232
4T8	371-603	Project Administration Services	$	983,295	$	983,295	59233
TOTAL SSR State Special Revenue Group			$	1,064,295	$	1,064,295	59234
TOTAL ALL BUDGET FUND GROUPS			$	37,845,031	$	38,695,931	59235

LEASE RENTAL PAYMENTS

59236

The foregoing appropriation item 371-401, Lease Rental	59237
Payments, shall be used to meet all payments from the Ohio	59238
Cultural Facilities Commissions to the Treasurer of State during	59239
the period from July 1, 2007, to June 30, 2009, under the primary	59240
leases and agreements for those arts and sports facilities made	59241
under Chapters 152. and 154. of the Revised Code. This	59242
appropriation is the source of funds pledged for bond service	59243
charges on related obligations issued pursuant to Chapters 152.	59244
and 154. of the Revised Code.	59245

OPERATING EXPENSES

59246

The foregoing appropriation item 371-321, Operating Expenses,	59247
shall be used by the Ohio Cultural Facilities Commission to carry	59248
out its responsibilities under this section and Chapter 3383. of	59249
the Revised Code.	59250

By July 10, 2007, or as soon as possible thereafter, the	59251
Director of Budget and Management shall determine the amount of	59252
cash from interest earnings to be transferred from the Cultural	59253
and Sports Facilities Building Fund (Fund 030) to the Cultural	59254
Facilities Commission Administration Fund (Fund 4T8).	59255

By July 10, 2008, or as soon as possible thereafter, the	59256
Director of Budget and Management shall determine the amount of	59257
cash from interest earnings to be transferred from the Cultural	59258
and Sports Facilities Building Fund (Fund 030) to the Cultural	59259
Facilities Commission Administration Fund (Fund 4T8).	59260

As soon as possible after each bond issuance made on behalf	59261
of the Cultural Facilities Commission, the Director of Budget and	59262
Management shall determine the amount of cash from any premium	59263
paid on each issuance that is available to be transferred after	59264
all issuance costs have been paid from the Cultural and Sports	59265
Facilities Building Fund (Fund 030) to the Cultural Facilities	59266
Commission Administration Fund (Fund 4T8).	59267

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

59268

The Executive Director of the Cultural Facilities Commission	59269
shall certify to the Director of Budget and Management the amount	59270
of cash receipts and related investment income, irrevocable	59271
letters of credit from a bank, or certification of the	59272
availability of funds that have been received from a county or a	59273
municipal corporation for deposit into the Capital Donations Fund	59274
(Fund 5A1) and are related to an anticipated project. These	59275
amounts are hereby appropriated to appropriation item CAP-702,	59276
Capital Donations. Prior to certifying these amounts to the	59277
Director, the Executive Director shall make a written agreement	59278
with the participating entity on the necessary cash flows required	59279
for the anticipated construction or equipment acquisition project.	59280

Section 259.10. DEN STATE DENTAL BOARD

59281

General Services Fund Group

59282

4K9	880-609	Operating Expenses	$	1,437,392	$	1,528,749	59283
TOTAL GSF General Services Fund							59284
Group			$	1,437,392	$	1,528,749	59285
TOTAL ALL BUDGET FUND GROUPS			$	1,437,392	$	1,528,749	59286

Section 261.10. BDP BOARD OF DEPOSIT

59288

General Services Fund Group

59289

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	59290
TOTAL GSF General Services Fund							59291
Group			$	1,676,000	$	1,676,000	59292
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	59293

BOARD OF DEPOSIT EXPENSE FUND

59294

Upon receiving certification of expenses from the Treasurer	59295
of State, the Director of Budget and Management shall transfer	59296
cash from the Investment Earnings Redistribution Fund (Fund 608)	59297
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	59298
shall be used to pay for banking charges and fees required for the	59299
operation of the State of Ohio Regular Account.	59300

Section 263.10. DEV DEPARTMENT OF DEVELOPMENT

59301

General Revenue Fund

59302

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	59303
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	59304
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	59305
GRF	195-407	Travel and Tourism	$	982,845	$	982,845	59306
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	59307
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	59308
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	59309
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	59310
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	59311
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	59312
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	59313
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	59314
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	59315
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	59316
GRF	195-498	State Match Energy	$	96,820	$	96,820	59317
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	59318
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	59319
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	1,115,000	59320
GRF	195-520	Ohio Main Street Program	$	450,000	$	250,000	59321
GRF	195-521	Discover Ohio!	$	8,000,000	$	9,000,000	59322
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	59323
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	59324
TOTAL GRF General Revenue Fund			$	118,007,534	$	124,315,484	59325

General Services Fund Group

59326

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	59327
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	59328
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	59329
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	59330
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	59331
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	59332
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	59333
TOTAL GSF General Services Fund							59334
Group			$	21,149,404	$	37,171,444	59335

Federal Special Revenue Fund Group

59336

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	59337
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	59338
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	59339
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	59340
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	59341
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	59342
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	59343
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	59344
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	59345
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	59346
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	59347
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	59348
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	59349
TOTAL FED Federal Special Revenue							59350
Fund Group			$	356,446,281	$	326,566,381	59351

State Special Revenue Fund Group

59352

4F2	195-639	State Special Projects	$	518,393	$	518,393	59353
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	59354
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	59355
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	59356
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	59357
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	59358
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	59359
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	59360
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	59361
5DU	195-689	Energy Projects	$	840,000	$	840,000	59362
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	59363
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	59364
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	59365
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	59366
617	195-654	Volume Cap Administration	$	200,000	$	200,000	59367
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	59368
TOTAL SSR State Special Revenue							59369
Fund Group			$	334,641,556	$	330,141,556	59370

Facilities Establishment Fund Group

59371

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	59372
010	195-665	Research and Development	$	50,000,000	$	50,000,000	59373
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	59374
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	59375
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	59376
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	59377
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	59378
TOTAL 037 Facilities							59379
Establishment Fund Group			$	224,475,000	$	224,475,000	59380

Clean Ohio Revitalization Fund

59381

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		59382
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		59383

Third Frontier Research & Development Fund Group

59384

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	59385
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	59386
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	59387
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	59388

Job Ready Site Development Fund Group

59389

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		59390
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		59391

TOTAL ALL BUDGET FUND GROUPS

1,180,522,986

1,146,398,076

59392

Section 263.10.10. THOMAS EDISON PROGRAM

59394

The foregoing appropriation item 195-401, Thomas Edison	59395
Program, shall be used for the purposes of sections 122.28 to	59396
122.38 of the Revised Code in order to provide funds for	59397
cooperative public and private efforts in technological innovation	59398
to promote the development and transfer of technology by and to	59399
Ohio businesses that will lead to the creation of jobs. The	59400
foregoing appropriation item 195-401, Thomas Edison Program, shall	59401
not be used for the operating costs of the Department of	59402
Development.	59403

Of the foregoing appropriation item 195-401, Thomas Edison	59404
Program, $2,000,000 in fiscal year 2008 shall be used by Project	59405
Development, Inc., for technology commercialization.	59406

Section 263.10.20. SMALL BUSINESS DEVELOPMENT

59407

The foregoing appropriation item 195-404, Small Business	59408
Development, shall be used to ensure that the unique needs and	59409
concerns of small businesses are addressed.	59410

The foregoing appropriation item 195-404, Small Business	59411
Development, may be used to provide grants to local organizations	59412
to support the operation of Small Business Development Centers and	59413
other local economic development activity promoting small	59414
business, including the 1st Stop Business Connection, and for the	59415
cost of administering the small business development center	59416
program. The centers shall provide technical, financial, and	59417
management consultation for small business and shall facilitate	59418
access to state and federal programs. These funds shall be used as	59419
matching funds for grants from the United States Small Business	59420
Administration and other federal agencies, pursuant to Public Law	59421
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	59422
regulations and policy guidelines for the programs under this law.	59423

MINORITY BUSINESS DEVELOPMENT DIVISION

59424

Of the foregoing appropriation item 195-405, Minority	59425
Business Development Division, up to $1,060,000 but not less than	59426
$954,000 in each fiscal year shall be used to fund minority	59427
contractors and business assistance organizations. The Minority	59428
Business Development Division shall determine which cities need	59429
minority contractors and business assistance organizations by	59430
utilizing United States Census Bureau data and zip codes to locate	59431
the highest concentrations of minority businesses. The Minority	59432
Business Development Division also shall determine the numbers of	59433
minority contractors and business assistance organizations	59434
necessary and the amount of funding to be provided each. In	59435
addition, the Minority Business Development Division shall	59436
continue to plan and implement business conferences.	59437

Section 263.10.30. RAPID OUTREACH GRANTS

59438

The foregoing appropriation item 195-412, Rapid Outreach	59439
Grants, shall be used as an incentive for attracting and retaining	59440
business opportunities for the state. Any such business	59441
opportunity, whether new, expanding, or relocating in Ohio, is	59442
eligible for funding. The project must create or retain a	59443
significant number of jobs for Ohioans. Grant awards may be	59444
considered only when (1) the project's viability hinges on an	59445
award of funds from appropriation item 195-412, Rapid Outreach	59446
Grants; (2) all other public or private sources of financing have	59447
been considered; or (3) the funds act as a catalyst for the	59448
infusion into the project of other financing sources.	59449

The department's primary goal shall be to award funds to	59450
political subdivisions of the state for off-site infrastructure	59451
improvements. In order to meet the particular needs of economic	59452
development in a region, the department may elect to award funds	59453
directly to a business for on-site infrastructure improvements.	59454
"Infrastructure improvements" mean improvements to water system	59455
facilities, sewer and sewage treatment facilities, electric or gas	59456
service facilities, fiber optic facilities, rail facilities, site	59457
preparation, and parking facilities. The Director of Development	59458
may recommend the funds be used in an alternative manner when	59459
considered appropriate to meet an extraordinary economic	59460
development opportunity or need.	59461

The foregoing appropriation item 195-412, Rapid Outreach	59462
Grants, may be expended only after the submission of a request to	59463
the Controlling Board by the Department of Development outlining	59464
the planned use of the funds, and the subsequent approval of the	59465
request by the Controlling Board.	59466

The foregoing appropriation item 195-412, Rapid Outreach	59467
Grants, may be used for, but is not limited to, construction,	59468
rehabilitation, and acquisition projects for rail freight	59469
assistance as requested by the Department of Transportation. The	59470
Director of Transportation shall submit the proposed projects to	59471
the Director of Development for an evaluation of potential	59472
economic benefit.	59473

Section 263.10.40. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL	59474
OFFICES	59475

The foregoing appropriation item 195-415, Economic	59476
Development Division and Regional Offices, shall be used for the	59477
operating expenses of the Economic Development Division and the	59478
regional economic development offices and for grants for	59479
cooperative economic development ventures.	59480

Section 263.10.50. GOVERNOR'S OFFICE OF APPALACHIA

59481

The foregoing appropriation item 195-416, Governor's Office	59482
of Appalachia, shall be used for the administrative costs of	59483
planning and liaison activities for the Governor's Office of	59484
Appalachia, and to provide financial assistance to projects in	59485
Ohio's Appalachian counties.	59486

Of the foregoing appropriation item 195-416, Governor's	59487
Office of Appalachia, up to $250,000 each fiscal year shall be	59488
used to match federal funds from the Appalachian Regional	59489
Commission to provide job training to impact the Appalachian	59490
Region.	59491

Of the foregoing appropriation item 195-416, Governor's	59492
Office of Appalachia, up to $4,246,043 in each fiscal year shall	59493
be used in conjunction with other federal and state funds to	59494
provide financial assistance to projects in Ohio's Appalachian	59495
counties in order to further the goals of the Appalachian Regional	59496
Commission. The projects and project sponsors shall meet	59497
Appalachian Regional Commission eligibility requirements. Grants	59498
shall be administered by the Department of Development.	59499

Section 263.10.60. THIRD FRONTIER ACTION FUND

59500

The foregoing appropriation item 195-422, Third Frontier	59501
Action Fund, shall be used to make grants under sections 184.01	59502
and 184.02 of the Revised Code. Prior to the release of funds from	59503
appropriation item 195-422, Third Frontier Action Fund, each grant	59504
award shall be recommended for funding by the Third Frontier	59505
Commission and obtain approval from the Controlling Board.	59506

Of the foregoing appropriation item 195-422, Third Frontier	59507
Action Fund, not more than six per cent in each fiscal year shall	59508
be used for operating expenditures in administering the program.	59509

In addition to the six per cent for operating expenditures,	59510
an additional administrative amount, not to exceed $1,500,000	59511
within the biennium, shall be available for proposal evaluation,	59512
research and analyses, and marketing efforts considered necessary	59513
to receive and disseminate information about science and	59514
technology-related opportunities in the state.	59515

Of the foregoing appropriation item 195-422, Third Frontier	59516
Action Fund, $2,000,000 in fiscal year 2008 shall be used by	59517
Project Development, Inc., for business and job creation resulting	59518
from Third Frontier investments.	59519

SCIENCE AND TECHNOLOGY COLLABORATION

59520

The Department of Development shall work in close	59521
collaboration with the Board of Regents, the Air Quality	59522
Development Authority, and the Third Frontier Commission in	59523
relation to appropriation items and programs referred to as	59524
Alignment Programs in the following paragraph, and other	59525
technology-related appropriations and programs in the Department	59526
of Development, Air Quality Development Authority, and the Board	59527
of Regents as these agencies may designate, to ensure	59528
implementation of a coherent state strategy with respect to	59529
science and technology.	59530

"Alignment Programs" means appropriation items 195-401,	59531
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	59532
Third Frontier Action Fund; 898-604, Coal Research and Development	59533
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	59534
Institute of Technology; 235-510, Ohio Supercomputer Center;	59535
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	59536
235-535, Ohio Agricultural Research and Development Center;	59537
235-553, Dayton Area Graduate Studies Institute; 235-554,	59538
Priorities in Collaborative Graduate Education; 235-556, Ohio	59539
Academic Resources Network; 195-435, Biomedical Research and	59540
Technology Transfer Trust; 195-687, Third Frontier Research &	59541
Development Projects; CAP-068, Third Frontier Project; and	59542
195-692, Research & Development Taxable Bond Projects.	59543

Consistent with the recommendations of the Governor's	59544
Commission on Higher Education and the Economy, Alignment Programs	59545
shall be managed and administered in accordance with the following	59546
objectives: (1) to build on existing competitive research	59547
strengths; (2) to encourage new and emerging discoveries and	59548
commercialization of products and ideas that will benefit the Ohio	59549
economy; and (3) to assure improved collaboration among Alignment	59550
Programs with programs administered by the Third Frontier	59551
Commission and with other state programs that are intended to	59552
improve economic growth and job creation. As directed by the Third	59553
Frontier Commission, Alignment Program managers shall report to	59554
the Commission or the Third Frontier Advisory Board regarding the	59555
contributions of their programs to achieving these objectives.	59556

Each Alignment Program shall be reviewed annually by the	59557
Third Frontier Commission with respect to its development of	59558
complementary relationships within a combined state science and	59559
technology investment portfolio, and with respect to its overall	59560
contribution to the state's science and technology strategy,	59561
including the adoption of appropriately consistent criteria for:	59562
(1) the scientific merit of activities supported by the program;	59563
(2) the relevance of the program's activities to commercial	59564
opportunities in the private sector; (3) the private sector's	59565
involvement in a process that continually evaluates commercial	59566
opportunities to use the work supported by the program; and (4)	59567
the ability of the program and recipients of grant funding from	59568
the program to engage in activities that are collaborative,	59569
complementary, and efficient with respect to the expenditures of	59570
state funds. Each Alignment Program shall provide an annual report	59571
to the Third Frontier Commission that discusses existing, planned,	59572
or possible collaborations between programs and between recipients	59573
of grant funding related to technology, development,	59574
commercialization, and the support of Ohio's economic development.	59575
The annual review conducted by the Third Frontier Commission shall	59576
be a comprehensive review of the entire state science and	59577
technology program portfolio rather than a review of individual	59578
programs.	59579

Applicants for Third Frontier and Alignment Programs funding	59580
shall identify their requirements for high-performance computing	59581
facilities and services, including both hardware and software, in	59582
all proposals. If an applicant's requirements exceed approximately	59583
$100,000 for a proposal, the Ohio Supercomputer Center shall	59584
convene a panel of experts. The panel shall review the proposal to	59585
determine whether the proposal's requirements can be met through	59586
Ohio Supercomputer Center facilities or through other means and	59587
report such information to the Third Frontier Commission.	59588

To ensure that the state receives the maximum benefit from	59589
its investment in the Third Frontier Project and the Third	59590
Frontier Network, organizations receiving Third Frontier awards	59591
and Alignment Programs awards shall, as appropriate, be expected	59592
to have a connection to the Third Frontier Network that enables	59593
them and their collaborators to achieve award objectives through	59594
the Third Frontier Network.	59595

Section 263.10.70. INTERNATIONAL TRADE

59596

The foregoing appropriation item 195-432, International	59597
Trade, shall be used to operate and to maintain Ohio's	59598
out-of-state trade offices.	59599

The Director of Development may enter into contracts with	59600
foreign nationals to staff foreign offices. The contracts may be	59601
paid in local currency or United States currency and shall be	59602
exempt from section 127.16 of the Revised Code. The director also	59603
may establish foreign currency accounts under section 122.05 of	59604
the Revised Code for the payment of expenses related to the	59605
operation and maintenance of the foreign trade offices.	59606

The foregoing appropriation item 195-432, International	59607
Trade, shall be used to fund the International Trade Division and	59608
to assist Ohio manufacturers and agricultural producers in	59609
exporting to foreign countries in conjunction with the Department	59610
of Agriculture.	59611

Of the foregoing appropriation item 195-432, International	59612
Trade, up to $35,000 may be used to purchase gifts for	59613
representatives of foreign governments or dignitaries of foreign	59614
countries.	59615

Section 263.10.80. OHIO INVESTMENT IN TRAINING PROGRAM

59616

The foregoing appropriation items 195-434, Investment in	59617
Training Grants, and 195-667, Investment in Training Expansion,	59618
shall be used to promote training through grants for the	59619
reimbursement of eligible training expenses.	59620

Section 263.10.90. CDBG OPERATING MATCH

59621

The foregoing appropriation item 195-497, CDBG Operating	59622
Match, shall be used to provide matching funds as requested by the	59623
United States Department of Housing and Urban Development to	59624
administer the federally funded Community Development Block Grant	59625
(CDBG) program.	59626

STATE OPERATING MATCH

59627

The foregoing appropriation item 195-498, State Match Energy,	59628
shall be used to provide matching funds as required by the United	59629
States Department of Energy to administer the federally funded	59630
State Energy Plan.	59631

Section 263.10.95. DEFENSE CONVERSION ASSISTANCE

59632

Of the foregoing appropriation item 195-410, Defense	59633
Conversion Assistance, $5,000,000 in fiscal year 2008 shall be	59634
used as a state match to federal dollars for the relocation of	59635
jobs at Wright-Patterson Air Force Base and vicinity as a result	59636
of job losses from the base realignment and closure process.	59637

Section 263.20.10. TRAVEL AND TOURISM GRANTS

59638

The foregoing appropriation item 195-507, Travel and Tourism	59639
Grants, shall be used to provide grants to local organizations to	59640
support various local travel and tourism events in Ohio.	59641

Of the foregoing appropriation item 195-507, Travel and	59642
Tourism Grants, $50,000 in each fiscal year shall be used for the	59643
Cleveland Film Bureau.	59644

Of the foregoing appropriation item 195-507, Travel and	59645
Tourism Grants, $50,000 in each fiscal year shall be used for the	59646
Cincinnati Film Bureau.	59647

Of the foregoing appropriation item 195-507, Travel and	59648
Tourism Grants, $500,000 in each fiscal year shall be used for	59649
grants to The International Center for the Preservation of Wild	59650
Animals.	59651

Of the foregoing appropriation item 195-507, Travel and	59652
Tourism Grants, $50,000 in each fiscal year shall be used for the	59653
Greater Cleveland Sports Commission.	59654

Of the foregoing appropriation item 195-507, Travel and	59655
Tourism Grants, $50,000 in each fiscal year shall be used for the	59656
Greater Columbus Sports Commission.	59657

Of the foregoing appropriation item 195-507, Travel and	59658
Tourism Grants, $50,000 in fiscal year 2008 shall be used for the	59659
Ohio Alliance of Science Centers.	59660

Of the foregoing appropriation item 195-507, Travel and	59661
Tourism Grants, $100,000 in each fiscal year shall be used for the	59662
Harbor Heritage Society/Great Lakes Science Center in support of	59663
operations of the Steamship William G. Mather Maritime Museum, and	59664
$100,000 in each fiscal year shall be used for the Great Lakes	59665
Historical Society.	59666

Of the foregoing appropriation item 195-507, Travel and	59667
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	59668
Ohio Junior Angus Association to assist with costs associated with	59669
hosting the Eastern Regional Junior Angus Show in June 2009.	59670

Of the foregoing appropriation item 195-507, Travel and	59671
Tourism Grants, $60,000 in each fiscal year shall be used for the	59672
Ohio River Trails program.	59673

Of the foregoing appropriation item 195-507, Travel and	59674
Tourism Grants, $60,000 in each fiscal year shall be used to	59675
support the outdoor drama "Tecumseh!"	59676

Of the foregoing appropriation item 195-507, Travel and	59677
Tourism Grants, $25,000 in each fiscal year shall be used for	59678
Ohio's Appalachian Country.	59679

Of the foregoing appropriation item 195-507, Travel and	59680
Tourism Grants, $25,000 in each fiscal year shall be used for the	59681
Garst Museum.	59682

Of the foregoing appropriation item 195-507, Travel and	59683
Tourism Grants, $10,000 in each fiscal year shall be used for the	59684
Pro Football Hall of Fame Festival.	59685

Section 263.20.13. OHIO MAIN STREET PROGRAM

59686

Of the foregoing appropriation item 195-520, Ohio Main Street	59687
Program, $200,000 in fiscal year 2008 shall be used for the	59688
rebuilding and revitalization of downtown Wauseon following the	59689
April 14, 2007, fire in that community. Such funds shall be used	59690
by the mayor of Wauseon or the mayor's designee to provide grants	59691
and matching grants to owners or their successors whose buildings	59692
and property were damaged or destroyed by the fire. Such grants	59693
shall only be used to supplement investments of owners or	59694
successors who are rebuilding in the downtown location of the	59695
fire.	59696

Section 263.20.16. DISCOVER OHIO!

59697

The foregoing appropriation item 195-521, Discover Ohio!,	59698
shall be used for programs by the Division of Travel and Tourism	59699
in the Department of Development.	59700

Section 263.20.20. THIRD FRONTIER RESEARCH & DEVELOPMENT	59701
GENERAL OBLIGATION DEBT SERVICE	59702

The foregoing appropriation item 195-905, Third Frontier	59703
Research & Development General Obligation Debt Service, shall be	59704
used to pay all debt service and related financing costs during	59705
the period from July 1, 2007, to June 30, 2009, on obligations	59706
issued for research and development purposes under sections 151.01	59707
and 151.10 of the Revised Code.	59708

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

59709

The foregoing appropriation item 195-912, Job Ready Site	59710
Development General Obligation Debt Service, shall be used to pay	59711
all debt service and related financing costs during the period	59712
from July 1, 2007, to June 30, 2009, on obligations issued for job	59713
ready site development purposes under sections 151.01 and 151.11	59714
of the Revised Code.	59715

Section 263.20.30. SUPPORTIVE SERVICES

59716

The Director of Development may assess divisions of the	59717
department for the cost of central service operations. An	59718
assessment shall be based on a plan submitted to and approved by	59719
the Office of Budget and Management by August 1, 2007, and shall	59720
contain the characteristics of administrative ease and uniform	59721
application.	59722

A division's payments shall be credited to the Supportive	59723
Services Fund (Fund 135) using an intrastate transfer voucher.	59724

WORKFORCE GUARANTEE PROGRAM

59725

The foregoing appropriation item 195-668, Workforce Guarantee	59726
Program, shall be used for the Workforce Guarantee Program.	59727

Benefited employers must create at least 20 high-paying,	59728
full-time jobs over a one-year period and must demonstrate prior	59729
to the commitment of state funds that the availability of those	59730
skilled workers is a major factor in the employer's decision to	59731
locate or expand in Ohio. Customized training activities are	59732
eligible for funding through the Workforce Guarantee Program.	59733

The Director of Development, under Chapter 119. of the	59734
Revised Code, shall adopt, and may amend or rescind, rules the	59735
Director finds necessary for the implementation and successful	59736
operation of the Workforce Guarantee Program.	59737

ECONOMIC DEVELOPMENT CONTINGENCY

59738

Of the foregoing appropriation item 195-677, Economic	59739
Development Contingency, up to $19,400,000 shall be used by the	59740
Third Frontier Commission in fiscal year 2009 for biomedical	59741
research and technology transfer purposes under sections 184.01 to	59742
184.03 of the Revised Code.	59743

DIRECT COST RECOVERY EXPENDITURES

59744

The foregoing appropriation item 195-636, Direct Cost	59745
Recovery Expenditures, shall be used for conference and	59746
subscription fees and other reimbursable costs. Revenues to the	59747
General Reimbursement Fund (Fund 685) shall consist of fees and	59748
other moneys charged for conferences, subscriptions, and other	59749
administrative costs that are not central service costs.	59750

Section 263.20.40. HEAP WEATHERIZATION

59751

Fifteen per cent of the federal funds received by the state	59752
for the Home Energy Assistance Block Grant shall be deposited in	59753
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	59754
shall be used to provide home weatherization services in the	59755
state.	59756

The Department of Development shall seek, and if approved	59757
shall implement, a federal waiver to increase the percentage of	59758
the Home Energy Block Grant that may be used for weatherization to	59759
at least sixteen and one-half per cent in fiscal year 2008 and at	59760
least seventeen and one-half per cent in fiscal year 2009. Upon	59761
approval of the federal waiver, the Director of Development shall	59762
seek Controlling Board approval to adjust appropriation items	59763
195-611, Home Energy Assistance Block Grant, and 195-614, HEAP	59764
Weatherization, as needed to implement the federal waiver.	59765

STATE SPECIAL PROJECTS

59766

The foregoing fund, Fund 4F2, State Special Projects Fund,	59767
shall be used for the deposit of private-sector funds from utility	59768
companies and for the deposit of other miscellaneous state funds.	59769
Private-sector moneys shall be used to (1) pay the expenses of	59770
verifying the income-eligibility of HEAP applicants, (2) market	59771
economic development opportunities in the state, and (3) leverage	59772
additional federal funds. State funds shall be used to match	59773
federal housing grants for the homeless and to market economic	59774
development opportunities in the state.	59775

Section 263.20.50. TAX INCENTIVE PROGRAMS OPERATING

59776

On July 1, 2007, or as soon thereafter as possible, the	59777
Director of Budget and Management shall transfer the cash balance	59778
in the Job Creation Tax Credit Operating Fund (Fund 4S1) to the	59779
Tax Incentive Programs Operating Fund (Fund 4S0). The Director	59780
shall cancel any existing encumbrances against appropriation item	59781
195-634, Job Creation Tax Credit Operating (Fund 4S1), and	59782
re-establish them against appropriation item 195-630, Tax	59783
Incentive Programs Operating (Fund 4S0). The amounts of the	59784
re-established encumbrances are hereby appropriated.	59785

Section 263.20.60. MINORITY BUSINESS ENTERPRISE LOAN

59786

All repayments from the Minority Development Financing	59787
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	59788
Program shall be deposited in the State Treasury to the credit of	59789
the Minority Business Enterprise Loan Fund (Fund 4W1).	59790

All operating costs of administering the Minority Business	59791
Enterprise Loan Fund shall be paid from the Minority Business	59792
Enterprise Loan Fund (Fund 4WI).	59793

MINORITY BUSINESS BONDING FUND

59794

Notwithstanding Chapters 122., 169., and 175. of the Revised	59795
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	59796
General Assembly, the Director of Development may, upon the	59797
recommendation of the Minority Development Financing Advisory	59798
Board, pledge up to $10,000,000 in the FY 2008-2009 biennium of	59799
unclaimed funds administered by the Director of Commerce and	59800
allocated to the Minority Business Bonding Program under section	59801
169.05 of the Revised Code. The transfer of any cash by the	59802
Director of Budget and Management from the Department of	59803
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	59804
Development's Minority Business Bonding Fund (Fund 449) shall	59805
occur, if requested by the Director of Development, only if such	59806
funds are needed for payment of losses arising from the Minority	59807
Business Bonding Program, and only after proceeds of the initial	59808
transfer of $2,700,000 by the Controlling Board to the Minority	59809
Business Bonding Program has been used for that purpose. Moneys	59810
transferred by the Director of Budget and Management from the	59811
Department of Commerce for this purpose may be moneys in custodial	59812
funds held by the Treasurer of State. If expenditures are required	59813
for payment of losses arising from the Minority Business Bonding	59814
Program, such expenditures shall be made from appropriation item	59815
195-623, Minority Business Bonding Contingency in the Minority	59816
Business Bonding Fund, and such amounts are appropriated.	59817

Section 263.20.70. ECONOMIC DEVELOPMENT FINANCING OPERATING

59818

The foregoing appropriation item 195-625, Economic	59819
Development Financing Operating, shall be used for the operating	59820
expenses of financial assistance programs authorized under Chapter	59821
166. of the Revised Code and under sections 122.43 and 122.45 of	59822
the Revised Code.	59823

ALTERNATIVE FUEL TRANSPORTATION

59824

The foregoing appropriation item 195-679, Alternative Fuel	59825
Transportation, shall be used by the Director of Development to	59826
make grants under the Alternative Fuel Transportation Grant Fund	59827
Program in accordance with section 122.075 of the Revised Code,	59828
and for administrative costs associated with the program.	59829

Of the foregoing appropriation item 195-679, Alternative Fuel	59830
Transportation, up to $1,000,000 in each fiscal year shall be used	59831
to encourage retail gas stations to provide E85 and B20 (or	59832
higher) fuel to customers in accordance with section 122.075 of	59833
the Revised Code.	59834

LOW INCOME ENERGY ASSISTANCE

59835

The foregoing appropriation item 195-659, Low Income Energy	59836
Assistance, shall be used to provide payments to regulated	59837
electric utility companies for low-income customers enrolled in	59838
Percentage of Income Payment Plan (PIPP) electric accounts, to	59839
fund targeted energy efficiency and customer education services to	59840
PIPP customers, and to cover the department's administrative costs	59841
related to Universal Service Fund Programs. If it is determined	59842
that additional appropriations are necessary to provide payments	59843
to regulated utility companies for low income customers enrolled	59844
in PIPP electric accounts, such appropriations are subject to	59845
approval by the Controlling Board upon the submission of a request	59846
by the Department of Development.	59847

ADVANCED ENERGY FUND

59848

The foregoing appropriation item 195-660, Advanced Energy	59849
Programs, shall be used to provide financial assistance to	59850
customers for eligible advanced energy projects for residential,	59851
commercial and industrial business, local government, educational	59852
institution, nonprofit, and agriculture customers, and to pay for	59853
the program's administrative costs as provided in the Revised Code	59854
and rules adopted by the Director of Development.	59855

Of the foregoing appropriation item 195-660, Advanced Energy	59856
Programs, up to $1,000,000 over the biennium shall be used for	59857
methane digester projects.	59858

Of the foregoing appropriation item 195-660, Advanced Energy	59859
Programs, up to $250,000 in each fiscal year shall be used for	59860
grants to school districts under section 3327.17 of the Revised	59861
Code.	59862

TRANSFER FROM THE ADVANCED ENERGY FUND TO THE INDUSTRIAL SITE	59863
IMPROVEMENTS FUND	59864

Notwithstanding Chapters 122. and 4928. of the Revised Code	59865
and any other law to the contrary, the Director of Budget and	59866
Management shall transfer $4,500,000 in cash in fiscal year 2008	59867
and $4,500,000 in cash in fiscal year 2009 from the Advanced	59868
Energy Fund (Fund 5M5) to the Industrial Site Improvements Fund	59869
(Fund 5AR).	59870

Moneys in Fund 5AR, Industrial Site Improvements, shall be	59871
used by the Director of Development to make grants to eligible	59872
counties for the improvement of commercial or industrial areas	59873
within those counties under section 122.951 of the Revised Code.	59874

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

59875

All payments received by the state pursuant to a series of	59876
settlements with ten brokerage firms reached with the United	59877
States Securities and Exchange Commission, the National	59878
Association of Securities Dealers, the New York Stock Exchange,	59879
the New York Attorney General, and other state regulators	59880
(henceforth referred to as the "Global Analysts Settlement	59881
Agreements"), shall be deposited into the state treasury to the	59882
credit of the Economic Development Contingency Fund (Fund 5Y6),	59883
which is hereby created in the state treasury. The fund shall be	59884
used by the Director of Development to support economic	59885
development projects for which appropriations would not otherwise	59886
be available, and shall be subject to the submission of a request	59887
to the Controlling Board by the Director outlining the planned use	59888
of the funds, and the subsequent approval of the request by the	59889
Controlling Board.	59890

VOLUME CAP ADMINISTRATION

59891

The foregoing appropriation item 195-654, Volume Cap	59892
Administration, shall be used for expenses related to the	59893
administration of the Volume Cap Program. Revenues received by the	59894
Volume Cap Administration Fund (Fund 617) shall consist of	59895
application fees, forfeited deposits, and interest earned from the	59896
custodial account held by the Treasurer of State.	59897

INNOVATION OHIO LOAN FUND

59898

The foregoing appropriation item 195-664, Innovation Ohio,	59899
shall be used to provide for innovation Ohio purposes, including	59900
loan guarantees and loans under Chapter 166. and particularly	59901
sections 166.12 to 166.16 of the Revised Code.	59902

RESEARCH AND DEVELOPMENT

59903

The foregoing appropriation item 195-665, Research and	59904
Development, shall be used to provide for research and development	59905
purposes, including loans, under Chapter 166. and particularly	59906
sections 166.17 to 166.21 of the Revised Code.	59907

Section 263.20.75. TRANSFER FROM THE LOW- AND MODERATE-INCOME	59908
HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND	59909

Notwithstanding Chapter 175. of the Revised Code and any	59910
other law to the contrary, the Director of Budget and Management	59911
shall transfer $1,500,000 cash in fiscal year 2008 and $1,500,000	59912
cash in fiscal year 2009 from the Low- and Moderate-Income Housing	59913
Trust Fund (Fund 646) in the Department of Development to the	59914
Residential State Supplement Fund (Fund 5CH) in the Department of	59915
Mental Health.	59916

Section 263.20.80. FACILITIES ESTABLISHMENT FUND

59917

The foregoing appropriation item 195-615, Facilities	59918
Establishment (Fund 037), shall be used for the purposes of the	59919
Facilities Establishment Fund under Chapter 166. of the Revised	59920
Code.	59921

Notwithstanding Chapter 166. of the Revised Code, an amount	59922
not to exceed $1,800,000 in cash each fiscal year may be	59923
transferred from the Facilities Establishment Fund (Fund 037) to	59924
the Economic Development Financing Operating Fund (Fund 451). The	59925
transfer is subject to Controlling Board approval under division	59926
(B) of section 166.03 of the Revised Code.	59927

Notwithstanding Chapter 166. of the Revised Code, an amount	59928
not to exceed $5,475,000 in cash each fiscal year may be	59929
transferred during the biennium from the Facilities Establishment	59930
Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2)	59931
for the purpose of removing barriers to urban core redevelopment.	59932
The Director of Development shall develop program guidelines for	59933
the transfer and release of funds, including, but not limited to,	59934
the completion of all appropriate environmental assessments before	59935
state assistance is committed to a project. The transfers shall be	59936
subject to approval by the Controlling Board upon the submission	59937
of a request by the Department of Development.	59938

Notwithstanding Chapter 166. of the Revised Code, an amount	59939
not to exceed $3,000,000 in cash each fiscal year may be	59940
transferred from the Facilities Establishment Fund (Fund 037) to	59941
the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is	59942
subject to Controlling Board approval under section 166.03 of the	59943
Revised Code.	59944

Notwithstanding Chapter 166. of the Revised Code, of the	59945
foregoing appropriation item 195-615, Facilities Establishment,	59946
$1,500,000 in fiscal year 2008 shall be used for business	59947
development by any current or future port authority located in	59948
Clark County.	59949

Notwithstanding Chapter 166. of the Revised Code, by July 1,	59950
2007, or as soon as possible thereafter, the Director of Budget	59951
and Management, at the request of the Director of Development,	59952
shall transfer $5,719,325 cash from the Facilities Establishment	59953
Fund (Fund 037) to the General Revenue Fund. Of the amount to be	59954
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated	59955
in appropriation item 195-412, Rapid Outreach Grants, and $366,825	59956
in fiscal year 2008 is hereby appropriated in appropriation item	59957
195-434, Investment in Training Grants.	59958

Notwithstanding Chapter 166. of the Revised Code, by July 1,	59959
2008, or as soon as possible thereafter, the Director of Budget	59960
and Management, at the request of the Director of Development,	59961
shall transfer $6,102,500 cash from the Facilities Establishment	59962
Fund (Fund 037) to the General Revenue Fund. The amount	59963
transferred is hereby appropriated in appropriation item 195-412,	59964
Rapid Outreach Grants, for fiscal year 2009.	59965

Notwithstanding Chapter 166. of the Revised Code, by the	59966
first day of July of each year of the biennium, or as soon as	59967
possible thereafter, the Director of Budget and Management, at the	59968
request of the Director of Development, shall transfer $4,275,000	59969
cash from the Facilities Establishment Fund (Fund 037) to the Job	59970
Development Initiatives Fund (Fund 5AD). The amount transferred is	59971
hereby appropriated in each fiscal year in appropriation item	59972
195-677, Economic Development Contingency.	59973

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

59974

Notwithstanding Chapter 166. of the Revised Code, an amount	59975
not to exceed $1,000,000 in cash each fiscal year shall be	59976
transferred from moneys in the Facilities Establishment Fund (Fund	59977
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)	59978
in the Department of Development.	59979

RURAL DEVELOPMENT INITIATIVE FUND

59980

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	59981
entitled to receive moneys from the Facilities Establishment Fund	59982
(Fund 037). The Director of Development may make grants from the	59983
Rural Development Initiative Fund as specified in division (A)(2)	59984
of this section to eligible applicants in Appalachian counties and	59985
in rural counties in the state that are designated as distressed	59986
under section 122.25 of the Revised Code. Preference shall be	59987
given to eligible applicants located in Appalachian counties	59988
designated as distressed by the federal Appalachian Regional	59989
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	59990
cease to exist after June 30, 2009. All moneys remaining in the	59991
Fund after that date shall revert to the Facilities Establishment	59992
Fund (Fund 037).	59993

(2) The Director of Development shall make grants from the	59994
Rural Development Initiative Fund (Fund 5S8) only to eligible	59995
applicants who also qualify for and receive funding under the	59996
Rural Industrial Park Loan Program as specified in sections 122.23	59997
to 122.27 of the Revised Code. Eligible applicants shall use the	59998
grants for the purposes specified in section 122.24 of the Revised	59999
Code. All projects supported by grants from the fund are subject	60000
to Chapter 4115. of the Revised Code as specified in division (E)	60001
of section 166.02 of the Revised Code. The Director shall develop	60002
program guidelines for the transfer and release of funds. The	60003
release of grant moneys to an eligible applicant is subject to	60004
Controlling Board approval.	60005

(B) Notwithstanding Chapter 166. of the Revised Code, the	60006
Director of Budget and Management may transfer an amount not to	60007
exceed $3,000,000 in cash each fiscal year on an as-needed basis	60008
at the request of the Director of Development from the Facilities	60009
Establishment Fund (Fund 037) to the Rural Development Initiative	60010
Fund (Fund 5S8). The transfer is subject to Controlling Board	60011
approval under section 166.03 of the Revised Code.	60012

CAPITAL ACCESS LOAN PROGRAM

60013

The foregoing appropriation item 195-628, Capital Access Loan	60014
Program, shall be used for operating, program, and administrative	60015
expenses of the program. Funds of the Capital Access Loan Program	60016
shall be used to assist participating financial institutions in	60017
making program loans to eligible businesses that face barriers in	60018
accessing working capital and obtaining fixed-asset financing.	60019

Notwithstanding Chapter 166. of the Revised Code, the	60020
Director of Budget and Management may transfer an amount not to	60021
exceed $3,000,000 in cash each fiscal year on an as-needed basis	60022
at the request of the Director of Development from the Facilities	60023
Establishment Fund (Fund 037) to the Capital Access Loan Program	60024
Fund (Fund 5S9). The transfer is subject to Controlling Board	60025
approval under section 166.03 of the Revised Code.	60026

Section 263.20.90. CLEAN OHIO OPERATING EXPENSES

60027

The foregoing appropriation item 195-663, Clean Ohio	60028
Operating, shall be used by the Department of Development in	60029
administering sections 122.65 to 122.658 of the Revised Code.	60030

THIRD FRONTIER OPERATING

60031

The foregoing appropriation item 195-686, Third Frontier	60032
Operating, shall be used for operating expenses incurred by the	60033
Department of Development in administering sections 184.10 to	60034
184.20 of the Revised Code.	60035

THIRD FRONTIER RESEARCH & DEVELOPMENT PROJECTS

60036

The foregoing appropriation item 195-687, Third Frontier	60037
Research & Development Projects, shall be used by the Department	60038
of Development to fund selected projects pursuant to sections	60039
184.10 to 184.20 of the Revised Code.	60040

Notwithstanding sections 184.10 to 184.20 of the Revised	60041
Code, of the foregoing appropriation item 195-687, Third Frontier	60042
Research & Development Projects, up to $20,000,000 in fiscal year	60043
2008 shall be used by the Office of Information Technology, in	60044
partnership with the Ohio Supercomputer Center's OSCnet, to	60045
acquire the equipment and services necessary to migrate state	60046
agencies' network to the existing OSCnet network backbone. This	60047
state network shall be known as the NextGen Network.	60048

Notwithstanding sections 184.10 to 184.20 of the Revised	60049
Code, $20,000,000 in fiscal year 2009 from appropriation item	60050
195-687, Third Frontier Research & Development Projects, shall be	60051
used to fund the Ohio Research Scholars Program in the Board of	60052
Regents pursuant to sections 3333.60 to 3333.70 of the Revised	60053
Code.	60054

Notwithstanding sections 184.10 to 184.20 of the Revised	60055
Code, at the direction of the Director of Budget and Management up	60056
to $18,000,000 in each fiscal year from appropriation item	60057
195-687, Third Frontier Research & Development Projects, and	60058
appropriation item 195-692, Research & Development Taxable Bond	60059
Projects, shall be used to fund the Research Incentive Program in	60060
the Board of Regents.	60061

On or before June 30, 2008, any unencumbered balances of the	60062
foregoing appropriation items 195-687, Third Frontier Research &	60063
Development Projects, and 195-692, Research and Development	60064
Taxable Bond Projects, for fiscal year 2008 are hereby	60065
appropriated for the same purposes for fiscal year 2009.	60066

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

60067

The Ohio Public Facilities Commission, upon request of the	60068
Department of Development, is hereby authorized to issue and sell,	60069
in accordance with Section 2p of Article VIII, Ohio Constitution,	60070
and particularly sections 151.01 and 151.10 of the Revised Code,	60071
original obligations of the State of Ohio in an aggregate amount	60072
not to exceed $150,000,000. The authorized obligations shall be	60073
issued and sold from time to time and in amounts necessary to	60074
ensure sufficient moneys to the credit of the Third Frontier	60075
Research & Development Fund (Fund 011) to pay costs of research	60076
and development projects.	60077

JOB READY SITE OPERATING

60078

The foregoing appropriation item 195-688, Job Ready Site	60079
Operating, shall be used for operating expenses incurred by the	60080
Department of Development in administering sections 122.085 to	60081
122.0820 of the Revised Code. Operating expenses include, but are	60082
not limited to, certain expenses of the District Public Works	60083
Integrating Committees, audit and accountability activities, and	60084
costs associated with formal certifications verifying that site	60085
infrastructure is in place and is functional.	60086

Section 263.30.10. UNCLAIMED FUNDS TRANSFER

60087

(A) Notwithstanding division (A) of section 169.05 of the	60088
Revised Code, upon the request of the Director of Budget and	60089
Management, the Director of Commerce, prior to June 30, 2008,	60090
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	60091
an amount not to exceed $5,000,000 in cash of the unclaimed funds	60092
that have been reported by the holders of unclaimed funds under	60093
section 169.05 of the Revised Code, regardless of the allocation	60094
of the unclaimed funds described under that section.	60095

Notwithstanding division (A) of section 169.05 of the Revised	60096
Code, upon the request of the Director of Budget and Management,	60097
the Director of Commerce, prior to June 30, 2009, shall transfer	60098
to the Job Development Initiatives Fund (Fund 5AD) an amount not	60099
to exceed $24,400,000 in cash of the unclaimed funds that have	60100
been reported by the holders of unclaimed funds under section	60101
169.05 of the Revised Code, regardless of the allocation of the	60102
unclaimed funds described under that section.	60103

(B) Notwithstanding division (A) of section 169.05 of the	60104
Revised Code, upon the request of the Director of Budget and	60105
Management, the Director of Commerce, prior to June 30, 2008,	60106
shall transfer to the State Special Projects Fund (Fund 4F2) an	60107
amount not to exceed $2,500,000 of the unclaimed funds that have	60108
been reported by the holders of unclaimed funds under section	60109
169.05 of the Revised Code, regardless of the allocation of the	60110
unclaimed funds described under that section.	60111

Notwithstanding division (A) of section 169.05 of the Revised	60112
Code, upon the request of the Director of Budget and Management,	60113
the Director of Commerce, prior to June 30, 2009, shall transfer	60114
to the State Special Projects Fund (Fund 4F2) an amount not to	60115
exceed $2,500,000 in cash of the unclaimed funds that have been	60116
reported by the holders of unclaimed funds under section 169.05 of	60117
the Revised Code, regardless of the allocation of the unclaimed	60118
funds described under that section.	60119

Section 263.30.20. WORKFORCE DEVELOPMENT

60120

The Director of Development and the Director of Job and	60121
Family Services may enter into one or more interagency agreements	60122
between the two departments, hire staff, transfer staff, assign	60123
duties to staff, enter into contracts, transfer assets, and take	60124
other actions the directors consider necessary to provide services	60125
and assistance as necessary to integrate workforce development	60126
into a larger economic development strategy, to implement the	60127
recommendations of the Workforce Policy Board, and to perform	60128
activities related to the transition of the administration of	60129
employment programs identified by the board. Subject to the	60130
approval of the Director of Budget and Management, the Department	60131
of Development and the Department of Job and Family Services may	60132
expend funds to support the recommendations of the Workforce	60133
Policy Board in the area of integration of employment functions as	60134
described in this paragraph and to provide implementation and	60135
transition activities from the appropriations to those	60136
departments.	60137

Section 263.30.30. COMMISSION ON THE FUTURE OF HEALTH CARE	60138
EDUCATION AND PHYSICIAN RETENTION IN NW OH	60139

(A) Whereas, There is a physician shortage, particularly in	60140
certain specialties, that is predicted to worsen within the next	60141
decade; and	60142

Whereas, This shortage may worsen as a result of, among other	60143
factors, fewer than ten per cent of new graduates from the	60144
University of Toledo who choose to continue their training in	60145
northwest Ohio; and	60146

Whereas, Many of the problems confronting physician training	60147
at the graduate medical education level are already manifest in	60148
northwest Ohio; and	60149

Whereas, It is prudent to examine the physician shortage	60150
using northwest Ohio as a microcosm for the entire state of Ohio;	60151
now therefore be it	60152

Resolved by the Ohio General Assembly that there is hereby	60153
created the Commission on the Future of Health Care Education and	60154
Physician Retention in NW OH.	60155

(B) The Commission shall be composed of the following	60156
members:	60157

(1) Six representatives of health care providers in northwest	60158
Ohio, none of whom shall be from the same organization;	60159

(2) Six representatives of the health care profession in	60160
northwest Ohio, composed of the following individuals:	60161

(a) One from the College of Medicine at the University of	60162
Toledo;	60163

(b) One from the northwest Ohio chapter of the Ohio Nurses	60164
Association;	60165

(c) One from the Academy of Medicine of Toledo and Lucas	60166
County;	60167

(d) One from the Northwest Ohio Pediatric Society;

60168

(e) One geriatric medicine physician affiliated with Ohio	60169
University College of Osteopathic Medicine; and	60170

(f) One osteopathic physician affiliated with Ohio University	60171
College of Osteopathic Medicine.	60172

(3) Three representatives from northwest Ohio business and	60173
labor organizations, composed of the following individuals:	60174

(a) One from the Toledo Area Regional Chamber of Commerce;

60175

(b) One from the labor community of northwest Ohio; and

60176

60177

(4) Three representatives of health care consumers in	60178
northwest Ohio, none of whom shall be currently employed or	60179
affiliated with a health system or health insurer.	60180

(5) Nine representatives of state and local government,	60181
composed of the following individuals:	60182

(a) Two members of the Ohio House of Representatives, one	60183
from the minority party and one from the majority party;	60184

(b) Two members of the Ohio Senate, one from the minority	60185
party and one from the majority party;	60186

60187

(d) Two representatives of northwest Ohio municipal	60188
corporations, only one of whom shall be from the City of Toledo;	60189

(e) Two representatives of county commissioners, only one of	60190
whom shall be from Lucas County.	60191

60192

(1) For those members described in divisions (B)(1) and (2)	60193
of this section, two each by the Governor, the Speaker of the	60194
House of Representatives, and the President of the Senate;	60195

(2) For those members described in divisions (B)(3) and (4)	60196
of this section, one each by the Governor, the Speaker of the	60197
House of Representatives, and the President of the Senate;	60198

(3) For those members described in division (B)(5), three	60199
each by the Governor, the Speaker of the House of Representatives,	60200
and the President of the Senate.	60201

(D) Members of the Commission shall be appointed not later	60202
than 30 days after the effective date of this section and shall	60203
first meet not later than 30 days after all appointments have been	60204
made. At its first meeting, the commission shall elect from among	60205
its members who are members of the Senate and House of	60206
Representatives a chairperson and vice-chairperson.	60207

Members of the commission shall serve without compensation,	60208
but may solicit on behalf of the Commission public and private	60209
funds to defray any costs of the Commission. The Commission shall	60210
meet at the call of the chairperson to conduct its official	60211
business. A majority of members shall constitute a quorum and a	60212
quorum shall be necessary to conduct any activities of the	60213
Commission.	60214

(E) The Toledo Community Foundation or a similar organization	60215
shall provide meeting space and administrative support for the	60216
Commission. The Ohio Board of Regents shall serve as a resource to	60217
the Commission.	60218

(F) The Commission shall prepare a report that examines and	60219
makes recommendations regarding the graduate medical education	60220
system in northwest Ohio, including:	60221

(1) Ways to increase the number and retention of medical	60222
graduates in northwest Ohio;	60223

(2) The status of the health care workforce in northwest	60224
Ohio;	60225

(3) The role of the University of Toledo in the health care	60226
education of the surrounding region;	60227

(4) Potential changes in federal and state statutes and rules	60228
regarding Medicaid support of graduate medical education; and	60229

(5) Policy initiatives that the Governor and General Assembly	60230
may consider to strengthen graduate medical education	60231
opportunities and physician retention in northwest Ohio.	60232

(G) The Commission shall, not later than nine months after	60233
the effective date of this section, submit to the Governor and	60234
General Assembly the report and recommendations prepared under	60235
division (F) of this section. On submission of the report, the	60236
Commission shall cease to exist.	60237

Section 265.10. OBD OHIO BOARD OF DIETETICS

60238

General Services Fund Group

60239

4K9	860-609	Operating Expenses	$	342,501	$	348,964	60240
TOTAL GSF General Services Fund							60241
Group			$	342,501	$	348,964	60242
TOTAL ALL BUDGET FUND GROUPS			$	342,501	$	348,964	60243

Section 267.10. CDR COMMISSION ON DISPUTE RESOLUTION AND	60245
CONFLICT MANAGEMENT	60246

General Revenue Fund

60247

GRF	145-401		Commission Operations		$	455,123		$	460,000		60248
TOTAL GRF General Revenue Fund					$	455,123		$	460,000		60249

General Services Fund Group

60250

4B6	145-601		Dispute Resolution Programs		$	140,000		$	140,000		60251
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		60252

TOTAL ALL BUDGET FUND GROUPS

595,123

600,000

60253

Section 269.10. EDU DEPARTMENT OF EDUCATION

60255

General Revenue Fund

60256

GRF	200-100	Personal Services	$	11,533,494	$	12,110,169	60257
GRF	200-320	Maintenance and Equipment	$	4,549,479	$	4,778,203	60258
GRF	200-408	Early Childhood Education	$	31,002,195	$	36,502,195	60259
GRF	200-410	Educator Training	$	19,628,817	$	20,628,817	60260
GRF	200-416	Career-Technical Education Match	$	2,233,195	$	2,233,195	60261
GRF	200-420	Computer/Application/ Network Development	$	5,536,362	$	5,793,700	60262
GRF	200-421	Alternative Education Programs	$	14,910,665	$	12,910,665	60263
GRF	200-422	School Management Assistance	$	3,360,572	$	2,960,572	60264
GRF	200-424	Policy Analysis	$	556,687	$	556,687	60265
GRF	200-425	Tech Prep Consortia Support	$	2,069,217	$	2,069,217	60266
GRF	200-426	Ohio Educational Computer Network	$	30,446,197	$	30,446,197	60267
GRF	200-427	Academic Standards	$	7,197,730	$	7,197,730	60268
GRF	200-431	School Improvement Initiatives	$	21,589,235	$	22,339,235	60269
GRF	200-433	Literacy Improvement-Professional Development	$	15,765,000	$	15,765,000	60270
GRF	200-437	Student Assessment	$	77,150,819	$	76,387,144	60271
GRF	200-439	Accountability/Report Cards	$	7,096,040	$	8,223,540	60272
GRF	200-442	Child Care Licensing	$	1,302,495	$	1,302,495	60273
GRF	200-446	Education Management Information System	$	16,110,510	$	16,586,082	60274
GRF	200-447	GED Testing	$	1,544,360	$	1,544,360	60275
GRF	200-448	Educator Preparation	$	1,301,000	$	1,301,000	60276
GRF	200-455	Community Schools	$	1,533,661	$	1,533,661	60277
GRF	200-457	STEM Initiatives	$	10,000,000	$	10,000,000	60278
GRF	200-502	Pupil Transportation	$	424,783,117	$	429,030,948	60279
GRF	200-503	Bus Purchase Allowance	$	14,000,000	$	14,000,000	60280
GRF	200-505	School Lunch Match	$	8,998,025	$	8,998,025	60281
GRF	200-509	Adult Literacy Education	$	8,669,738	$	8,669,738	60282
GRF	200-511	Auxiliary Services	$	131,740,457	$	135,692,670	60283
GRF	200-514	Postsecondary Adult Career-Technical Education	$	19,481,875	$	19,481,875	60284
GRF	200-521	Gifted Pupil Program	$	47,608,030	$	48,008,613	60285
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	59,810,517	$	61,604,832	60286
GRF	200-536	Ohio Core Support	$	7,700,000	$	15,125,000	60287
GRF	200-540	Special Education Enhancements	$	138,619,945	$	139,756,839	60288
GRF	200-545	Career-Technical Education Enhancements	$	9,298,651	$	9,373,926	60289
GRF	200-550	Foundation Funding	$	5,761,699,328	$	6,034,943,246	60290
GRF	200-566	Literacy Improvement-Classroom Grants	$	12,062,336	$	12,062,336	60291
GRF	200-578	Violence Prevention and School Safety	$	1,218,555	$	1,218,555	60292
GRF	200-901	Property Tax Allocation - Education	$	794,583,404	$	850,868,654	60293
GRF	200-906	Tangible Tax Exemption - Education	$	21,415,244	$	10,707,622	60294
TOTAL GRF General Revenue Fund			$	7,751,106,952	$	8,092,712,743	60295

General Services Fund Group

60296

138	200-606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	60297
4D1	200-602	Ohio Prevention/Education Resource Center	$	832,000	$	832,000	60298
4L2	200-681	Teacher Certification and Licensure	$	5,966,032	$	6,323,994	60299
452	200-638	Miscellaneous Educational Services	$	273,166	$	279,992	60300
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	60301
596	200-656	Ohio Career Information System	$	529,761	$	529,761	60302
TOTAL GSF General Services							60303
Fund Group			$	33,201,050	$	33,565,838	60304

Federal Special Revenue Fund Group

60305

3AF	200-603	Schools Medicaid Administrative Claims	$	486,000	$	639,000	60306
3BK	200-628	Longitudinal Data Systems	$	1,795,570	$	307,050	60307
3BV	200-636	Character Education	$	700,000	$	700,000	60308
3CF	200-644	Foreign Language Assistance	$	85,000	$	285,000	60309
3CG	200-646	Teacher Incentive Fund	$	6,552,263	$	3,994,338	60310
3C5	200-661	Early Childhood Education	$	18,989,779	$	18,989,779	60311
3D1	200-664	Drug Free Schools	$	13,347,966	$	13,347,966	60312
3D2	200-667	Honors Scholarship Program	$	6,573,968	$	6,665,000	60313
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	60314
3L6	200-617	Federal School Lunch	$	244,714,211	$	249,903,970	60315
3L7	200-618	Federal School Breakfast	$	63,927,606	$	69,041,814	60316
3L8	200-619	Child/Adult Food Programs	$	69,280,946	$	70,691,653	60317
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	60318
3M0	200-623	ESEA Title 1A	$	415,000,000	$	420,000,000	60319
3M1	200-678	Innovative Education	$	5,369,100	$	5,363,706	60320
3M2	200-680	Individuals with Disabilities Education Act	$	500,000,000	$	405,000,000	60321
3S2	200-641	Education Technology	$	10,000,000	$	5,000,000	60322
3T4	200-613	Public Charter Schools	$	13,850,827	$	14,212,922	60323
3Y2	200-688	21st Century Community Learning Centers	$	30,681,554	$	30,681,554	60324
3Y4	200-632	Reading First	$	35,215,798	$	31,215,798	60325
3Y6	200-635	Improving Teacher Quality	$	102,692,685	$	102,698,246	60326
3Y7	200-689	English Language Acquisition	$	8,000,000	$	8,000,000	60327
3Y8	200-639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	60328
3Z2	200-690	State Assessments	$	12,883,799	$	12,883,799	60329
3Z3	200-645	Consolidated Federal Grant Administration	$	8,500,000	$	8,500,000	60330
309	200-601	Educationally Disadvantaged Programs	$	12,750,000	$	8,750,000	60331
366	200-604	Adult Basic Education	$	19,425,000	$	20,396,250	60332
367	200-607	School Food Services	$	5,849,748	$	6,088,737	60333
368	200-614	Veterans' Training	$	710,373	$	745,892	60334
369	200-616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	60335
370	200-624	Education of Exceptional Children	$	1,811,520	$	575,454	60336
374	200-647	Troops to Teachers	$	100,000	$	100,000	60337
378	200-660	Learn and Serve	$	1,561,954	$	1,561,954	60338
TOTAL FED Federal Special							60339
Revenue Fund Group			$	1,665,660,368	$	1,571,144,583	60340

State Special Revenue Fund Group

60341

4R7	200-695	Indirect Operational Support	$	5,449,748	$	5,810,464	60342
4V7	200-633	Interagency Operational Support	$	392,100	$	376,423	60343
454	200-610	Guidance and Testing	$	400,000	$	400,000	60344
455	200-608	Commodity Foods	$	24,000,000	$	24,000,000	60345
5BB	200-696	State Action for Education Leadership	$	1,250,000	$	1,250,000	60346
5BJ	200-626	Half-Mill Maintenance Equalization	$	10,700,000	$	10,700,000	60347
5U2	200-685	National Education Statistics	$	300,000	$	300,000	60348
5W2	200-663	Early Learning Initiative	$	2,200,000	$	2,200,000	60349
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	60350
620	200-615	Educational Improvement Grants	$	3,000,000	$	3,000,000	60351
TOTAL SSR State Special Revenue							60352
Fund Group			$	49,020,758	$	49,365,797	60353

Lottery Profits Education Fund Group

60354

017	200-612	Foundation Funding	$	635,198,000	$	667,900,000	60355
017	200-682	Lease Rental Payment Reimbursement	$	22,702,000	$	0	60356
TOTAL LPE Lottery Profits							60357
Education Fund Group			$	657,900,000	$	667,900,000	60358

Revenue Distribution Fund Group

60359

047	200-909	School District Property Tax Replacement-Business	$	611,596,856	$	763,316,819	60360
053	200-900	School District Property Tax Replacement-Utility	$	91,123,523	$	91,123,523	60361
TOTAL RDF Revenue Distribution							60362
Fund Group			$	702,720,379	$	854,440,342	60363
TOTAL ALL BUDGET FUND GROUPS			$	10,859,609,507	$	11,269,129,303	60364

Section 269.10.10. PERSONAL SERVICES

60366

The foregoing appropriation item 200-100, Personal Services,	60367
may be used to pay fees for the Department's membership in the	60368
Education Commission of the States, an interstate nonprofit,	60369
nonpartisan organization that supports states with the development	60370
of education policy.	60371

Of the foregoing appropriation item 200-100, Personal	60372
Services, up to $25,000 may be expended in each fiscal year for	60373
the State Board of Education to pay for outside professionals to	60374
help inform the Board on topics of education policy.	60375

Section 269.10.20. EARLY CHILDHOOD EDUCATION

60376

The Department of Education shall distribute the foregoing	60377
appropriation item 200-408, Early Childhood Education, to pay the	60378
costs of early childhood education programs.	60379

(A) As used in this section:

60380

(1) "Provider" means a city, local, exempted village, or	60381
joint vocational school district, or an educational service	60382
center.	60383

(2) In the case of a city, local, or exempted village school	60384
district, "new eligible provider" means a district that is	60385
eligible for poverty-based assistance under section 3317.029 of	60386
the Revised Code.	60387

(3) "Eligible child" means a child who is at least three	60388
years of age, is not of the age to be eligible for kindergarten,	60389
and whose family earns not more than two hundred per cent of the	60390
federal poverty guidelines.	60391

(B) In each fiscal year, up to two per cent of the total	60392
appropriation may be used by the Department for program support	60393
and technical assistance. The Department shall distribute the	60394
remainder of the appropriation in each fiscal year to serve	60395
eligible children.	60396

(C) The Department shall provide an annual report to the	60397
Governor, the Speaker of the House of Representatives, and the	60398
President of the Senate and post the report to the Department's	60399
web site, regarding early childhood education programs operated	60400
under this section and the early learning program guidelines for	60401
school readiness.	60402

(D) After setting aside the amounts to make payments due from	60403
the previous fiscal year, in fiscal year 2008, the Department	60404
shall distribute funds first to recipients of funds for early	60405
childhood education programs under Section 206.09.06 of Am. Sub.	60406
H.B. 66 of the 126th General Assembly in the previous fiscal year	60407
and the balance to new eligible providers of early childhood	60408
education programs under this section. However, the total amount	60409
of funds distributed in fiscal year 2008 to all providers that	60410
received funds for early childhood education programs in fiscal	60411
year 2007 shall not exceed $18,622,151, unless the number of new	60412
eligible providers that notifies the Department of their interest	60413
in establishing early childhood education programs is insufficient	60414
to expend all available funding. In that case, the Department may	60415
direct available funding to providers that received funds for	60416
early childhood education programs in fiscal year 2007 for	60417
purposes of program expansion, improvement, or special projects to	60418
promote quality and innovation.	60419

After setting aside the amounts to make payments due from the	60420
previous fiscal year, in fiscal year 2009, the Department shall	60421
distribute funds first to providers of early childhood education	60422
programs under this section in the previous fiscal year and the	60423
balance to new eligible providers. However, the total amount of	60424
funds distributed in fiscal year 2009 to all providers that	60425
received funds for early childhood education programs in fiscal	60426
year 2007 shall not exceed $18,622,151, unless the number of	60427
providers that received funding in fiscal year 2008 and new	60428
eligible providers that notify the Department of their interest in	60429
establishing early childhood education programs is insufficient to	60430
expend all available funding. In that case, the Department may	60431
direct available funding to providers that received funds for	60432
early childhood education programs in fiscal year 2007 or 2008 for	60433
purposes of program expansion, improvement, or special projects to	60434
promote quality and innovation.	60435

In each of fiscal years 2008 and 2009, if funding is	60436
insufficient to serve all new eligible providers that notify the	60437
Department of their interest in establishing early childhood	60438
education programs, the Department shall determine which of those	60439
providers will receive funds using a selection process that first	60440
gives preference to providers that, as of March 15, 2007, did not	60441
offer early childhood education programs, but that had offered	60442
early childhood education programs or public preschool programs	60443
for some time after June 30, 2000, and second to providers that	60444
demonstrate a need for early childhood education programs, as	60445
determined by the Department. Demonstration of need shall include	60446
having higher rates of eligible children to be served.	60447

Awards under this section shall be distributed on a per-pupil	60448
basis, and in accordance with division (H) of this section. The	60449
Department may adjust the per-pupil amount so that the per-pupil	60450
amount multiplied by the number of eligible children enrolled and	60451
receiving services, as defined by the Department, reported on the	60452
first day of December or the first business day following that	60453
date equals the amount allocated under this section.	60454

(E) Costs for developing and administering an early childhood	60455
education program may not exceed fifteen per cent of the total	60456
approved costs of the program.	60457

All providers shall maintain such fiscal control and	60458
accounting procedures as may be necessary to ensure the	60459
disbursement of, and accounting for, these funds. The control of	60460
funds provided in this program, and title to property obtained	60461
therefrom, shall be under the authority of the approved provider	60462
for purposes provided in the program unless, as described in	60463
division (J) of this section, the program waives its right for	60464
funding or a program's funding is eliminated or reduced due to its	60465
inability to meet financial or early learning program guidelines	60466
for school readiness. The approved provider shall administer and	60467
use such property and funds for the purposes specified.	60468

(F) The Department may examine a provider's financial and	60469
program records. If the financial practices of the program are not	60470
in accordance with standard accounting principles or do not meet	60471
financial standards outlined under division (E) of this section,	60472
or if the program fails to substantially meet the early learning	60473
program guidelines for school readiness or exhibits below average	60474
performance as measured against the guidelines, the early	60475
childhood education program shall propose and implement a	60476
corrective action plan that has been approved by the Department.	60477
The approved corrective action plan shall be signed by the chief	60478
executive officer and the executive of the official governing body	60479
of the provider. The corrective action plan shall include a	60480
schedule for monitoring by the Department. Such monitoring may	60481
include monthly reports, inspections, a timeline for correction of	60482
deficiencies, and technical assistance to be provided by the	60483
Department or obtained by the early childhood education program.	60484
The Department may withhold funding pending corrective action. If	60485
an early childhood education program fails to satisfactorily	60486
complete a corrective action plan, the Department may deny	60487
expansion funding to the program or withdraw all or part of the	60488
funding to the program and establish a new eligible provider	60489
through a selection process established by the Department.	60490

(G) Each early childhood education program shall do all of	60491
the following:	60492

(1) Meet teacher qualification requirements prescribed by	60493
section 3301.311 of the Revised Code;	60494

(2) Align curriculum to the early learning content standards;

60495

(3) Meet any assessment requirements prescribed by section	60496
3301.0715 of the Revised Code that are applicable to the program;	60497

(4) Require teachers, except teachers enrolled and working to	60498
obtain a degree pursuant to section 3301.311 of the Revised Code,	60499
to attend a minimum of twenty hours every two years of	60500
professional development as prescribed by the Department regarding	60501
the implementation of early learning program guidelines for school	60502
readiness;	60503

(5) Document and report child progress;

60504

(6) Meet and report compliance with the early learning	60505
program guidelines for school readiness;	60506

(7) Participate in early language and literacy classroom	60507
observation evaluation studies.	60508

(H) This division applies only to early childhood education	60509
programs established on or after March 15, 2007.	60510

Per-pupil funding for programs subject to this division shall	60511
be sufficient to provide eligible children with services for	60512
one-half of the statewide average length of the school day, as	60513
determined by the Department, for one hundred eighty-two days each	60514
school year. Nothing in this section shall be construed to	60515
prohibit program providers from utilizing other funds to serve	60516
eligible children in programs that exceed the statewide average	60517
length of the school day or that exceed one hundred eighty-two	60518
days in a school year.	60519

(I) Each provider shall develop a sliding fee scale based on	60520
family incomes and shall charge families who earn more than the	60521
federal poverty guidelines for the early childhood education	60522
program.	60523

(J) If an early childhood education program voluntarily	60524
waives its right for funding, or has its funding eliminated for	60525
not meeting financial standards or the early learning program	60526
guidelines for school readiness, the provider shall transfer	60527
control of title to property, equipment, and remaining supplies	60528
obtained through the program to providers designated by the	60529
Department and return any unexpended funds to the Department along	60530
with any reports prescribed by the Department. The funding made	60531
available from a program that waives its right for funding or has	60532
its funding eliminated or reduced may be used by the Department	60533
for new grant awards or expansion grants. The Department may award	60534
new grants or expansion grants to eligible providers who apply.	60535
The eligible providers who apply must do so in accordance with the	60536
selection process established by the Department.	60537

(K) As used in this section, "early learning program	60538
guidelines for school readiness" means the guidelines established	60539
by the Department pursuant to division (C)(3) of Section 206.09.54	60540
of Am. Sub. H.B. 66 of the 126th General Assembly.	60541

Section 269.10.30. EDUCATOR TRAINING

60542

The foregoing appropriation item 200-410, Educator Training,	60543
shall be used to fund professional development programs in Ohio.	60544
The Department of Education shall, when possible, incorporate	60545
cultural competency as a component of professional development and	60546
actively promote the development of cultural competency in the	60547
operation of its professional development programs. As used in	60548
this section, "cultural competency" has the meaning specified by	60549
the Educator Standards Board under section 3319.61 of the Revised	60550
Code.	60551

Of the foregoing appropriation item 200-410, Educator	60552
Training, up to $9,250,000 in fiscal year 2008 and up to	60553
$10,250,000 in fiscal year 2009 shall be used by the Department of	60554
Education to provide grants to pay $2,225 of the application fee	60555
in order to assist teachers from public and chartered nonpublic	60556
schools applying for the first time to the National Board for	60557
Professional Teaching Standards for professional teaching	60558
certificates or licenses that the board offers. These moneys shall	60559
be used to pay up to the first 400 applications in each fiscal	60560
year received by the Department. This set aside shall also be used	60561
to recognize and reward teachers who become certified by the	60562
National Board for Professional Teaching Standards under section	60563
3319.55 of the Revised Code. Up to $300,000 in each fiscal year of	60564
this set aside may be used by the Department to pay for costs	60565
associated with activities to support candidates through the	60566
application and certification process. Up to $39,500 of this set	60567
aside in each fiscal year may be used to support the application	60568
fee for candidates participating in the Take One program for	60569
beginning teachers in years two and three.	60570

Of the foregoing appropriation item 200-410, Educator	60571
Training, up to $9,515,817 in each fiscal year shall be allocated	60572
for entry year teacher and principal programs. These funds shall	60573
be used to support mentoring services and performance assessments	60574
of beginning teachers and principals in school districts and	60575
chartered nonpublic schools.	60576

Of the foregoing appropriation item 200-410, Educator	60577
Training, up to $200,000 in each fiscal year shall be used to	60578
provide technical assistance and grants for districts to develop	60579
local knowledge/skills-based compensation systems. Each district	60580
receiving grants shall issue an annual report to the Department of	60581
Education detailing the use of the funds and the impact of the	60582
system developed by the district.	60583

Of the foregoing appropriation item 200-410, Educator	60584
Training, up to $350,000 in each fiscal year shall be used for	60585
training and professional development of school administrators,	60586
school treasurers, and school business officials.	60587

Of the foregoing appropriation item 200-410, Educator	60588
Training, up to $63,000 in each fiscal year shall be used to	60589
support the Ohio University Leadership Program.	60590

Of the foregoing appropriation item 200-410, Educator	60591
Training, $250,000 in each fiscal year shall be used to support	60592
the Ohio School Leadership Institute.	60593

Section 269.10.40. CAREER-TECHNICAL EDUCATION MATCH

60594

The foregoing appropriation item 200-416, Career-Technical	60595
Education Match, shall be used by the Department of Education to	60596
provide vocational administration matching funds under 20 U.S.C.	60597
2311.	60598

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

60599

The foregoing appropriation item 200-420,	60600
Computer/Application/Network Development, shall be used to support	60601
the development and implementation of information technology	60602
solutions designed to improve the performance and services of the	60603
Department of Education. Funds may be used for personnel,	60604
maintenance, and equipment costs related to the development and	60605
implementation of these technical system projects. Implementation	60606
of these systems shall allow the Department to provide greater	60607
levels of assistance to school districts and to provide more	60608
timely information to the public, including school districts,	60609
administrators, and legislators. Funds may also be used to support	60610
data-driven decision-making and differentiated instruction, as	60611
well as to communicate academic content standards and curriculum	60612
models to schools through web-based applications.	60613

Section 269.10.50. ALTERNATIVE EDUCATION PROGRAMS

60614

There is hereby created the Alternative Education Advisory	60615
Council, which shall consist of one representative from each of	60616
the following agencies: the Ohio Department of Education; the	60617
Department of Youth Services; the Ohio Department of Alcohol and	60618
Drug Addiction Services; the Department of Mental Health; the	60619
Office of the Governor or, at the Governor's discretion, the	60620
Office of the Lieutenant Governor; the Office of the Attorney	60621
General; and the Office of the Auditor of State.	60622

Of the foregoing appropriation item 200-421, Alternative	60623
Education Programs, up to $6,227,310 in each fiscal year shall be	60624
used for the renewal of successful implementation grants and for	60625
competitive matching grants to the 21 urban school districts as	60626
defined in division (O) of section 3317.02 of the Revised Code as	60627
it existed prior to July 1, 1998, and up to $6,161,074 in each	60628
fiscal year shall be used for the renewal of successful	60629
implementation grants and for competitive matching grants to rural	60630
and suburban school districts for alternative educational programs	60631
for existing and new at-risk and delinquent youth. Programs shall	60632
be focused on youth in one or more of the following categories:	60633
those who have been expelled or suspended, those who have dropped	60634
out of school or who are at risk of dropping out of school, those	60635
who are habitually truant or disruptive, or those on probation or	60636
on parole from a Department of Youth Services facility. Grants	60637
shall be awarded according to the criteria established by the	60638
Alternative Education Advisory Council in 1999. Grants shall be	60639
awarded only to programs in which the grant will not serve as the	60640
program's primary source of funding. These grants shall be	60641
administered by the Department of Education.	60642

The Department of Education may waive compliance with any	60643
minimum education standard established under section 3301.07 of	60644
the Revised Code for any alternative school that receives a grant	60645
under this section on the grounds that the waiver will enable the	60646
program to more effectively educate students enrolled in the	60647
alternative school.	60648

Of the foregoing appropriation item 200-421, Alternative	60649
Education Programs, up to $322,281 in each fiscal year may be used	60650
for program administration, monitoring, technical assistance,	60651
support, research, and evaluation. Any unexpended balance may be	60652
used to provide additional matching grants to urban, suburban, or	60653
rural school districts as outlined above.	60654

Of the foregoing appropriation item 200-421, Alternative	60655
Education Programs, $100,000 in each fiscal year shall be used to	60656
support the Toledo Tech Academy. Of this amount, $25,000 in each	60657
fiscal year shall be used by the Toledo Tech Academy to enhance	60658
and establish For Inspiration and Recognition in Science and	60659
Technology programs. (F.I.R.S.T.)	60660

Of the foregoing appropriation item 200-421, Alternative	60661
Education Programs, $2,000,000 in fiscal year 2008 shall be used	60662
to support Improved Solutions for Urban Students (ISUS) in	60663
Dayton/Sinclair Youth Initiative.	60664

Of the foregoing appropriation item 200-421, Alternative	60665
Education Programs, $100,000 in each fiscal year shall be provided	60666
to the Cincinnati Arts and Technology Center to increase program	60667
support for high-risk teens and unemployed urban adults.	60668

Section 269.10.60. SCHOOL MANAGEMENT ASSISTANCE

60669

Of the foregoing appropriation item 200-422, School	60670
Management Assistance, up to $1,715,000 in each fiscal year shall	60671
be used by the Auditor of State in consultation with the	60672
Department of Education for expenses incurred in the Auditor of	60673
State's role relating to fiscal caution, fiscal watch, and fiscal	60674
emergency activities as defined in Chapter 3316. of the Revised	60675
Code and may also be used to conduct performance audits with	60676
priority given to districts in fiscal distress. Expenses include	60677
duties related to the completion of performance audits for school	60678
districts that the Superintendent of Public Instruction determines	60679
are employing fiscal practices or experiencing budgetary	60680
conditions that could produce a state of fiscal watch or fiscal	60681
emergency.	60682

Of the foregoing appropriation item 200-422, School	60683
Management Assistance, up to $250,000 in each fiscal year shall be	60684
used by the Department of Education to work with school districts	60685
and entities that serve school districts to develop and deploy	60686
analytical tools that allow districts and other stakeholders to	60687
analyze more thoroughly district spending patterns in order to	60688
promote more effective and efficient use of resources. Quarterly	60689
updates of the progress for implementation of these tools shall be	60690
provided to the Governor, and the Department shall give due	60691
diligence to implementing these tools in the shortest reasonable	60692
timeline.	60693

The remainder of foregoing appropriation item 200-422, School	60694
Management Assistance, shall be used by the Department of	60695
Education to provide fiscal technical assistance and inservice	60696
education for school district management personnel and to	60697
administer, monitor, and implement the fiscal watch and fiscal	60698
emergency provisions under Chapter 3316. of the Revised Code.	60699

Section 269.10.70. POLICY ANALYSIS

60700

The foregoing appropriation item 200-424, Policy Analysis,	60701
shall be used by the Department of Education to support a system	60702
of administrative, statistical, and legislative education	60703
information to be used for policy analysis. Staff supported by	60704
this appropriation shall administer the development of reports,	60705
analyses, and briefings to inform education policymakers of	60706
current trends in education practice, efficient and effective use	60707
of resources, and evaluation of programs to improve education	60708
results. The database shall be kept current at all times. These	60709
research efforts shall be used to supply information and analysis	60710
of data to the General Assembly and other state policymakers,	60711
including the Office of Budget and Management and the Legislative	60712
Service Commission.	60713

The Department of Education may use funding from this	60714
appropriation item to purchase or contract for the development of	60715
software systems or contract for policy studies that will assist	60716
in the provision and analysis of policy-related information.	60717
Funding from this appropriation item also may be used to monitor	60718
and enhance quality assurance for research-based policy analysis	60719
and program evaluation to enhance the effective use of education	60720
information to inform education policymakers.	60721

TECH PREP CONSORTIA SUPPORT

60722

The foregoing appropriation item 200-425, Tech Prep Consortia	60723
Support, shall be used by the Department of Education to support	60724
state-level activities designed to support, promote, and expand	60725
tech prep programs. Use of these funds shall include, but not be	60726
limited to, administration of grants, program evaluation,	60727
professional development, curriculum development, assessment	60728
development, program promotion, communications, and statewide	60729
coordination of tech prep consortia.	60730

Section 269.10.80. OHIO EDUCATIONAL COMPUTER NETWORK

60731

The foregoing appropriation item 200-426, Ohio Educational	60732
Computer Network, shall be used by the Department of Education to	60733
maintain a system of information technology throughout Ohio and to	60734
provide technical assistance for such a system in support of the	60735
State Education Technology Plan under section 3301.07 of the	60736
Revised Code.	60737

Of the foregoing appropriation item 200-426, Ohio Educational	60738
Computer Network, up to $18,136,691 in each fiscal year shall be	60739
used by the Department of Education to support connection of all	60740
public school buildings and participating chartered nonpublic	60741
schools to the state's education network, to each other, and to	60742
the Internet. In each fiscal year the Department of Education	60743
shall use these funds to assist information technology centers or	60744
school districts with the operational costs associated with this	60745
connectivity. The Department of Education shall develop a formula	60746
and guidelines for the distribution of these funds to information	60747
technology centers or individual school districts. As used in this	60748
section, "public school building" means a school building of any	60749
city, local, exempted village, or joint vocational school	60750
district, any community school established under Chapter 3314. of	60751
the Revised Code, any educational service center building used for	60752
instructional purposes, the Ohio School for the Deaf and the Ohio	60753
School for the Blind, or high schools chartered by the Ohio	60754
Department of Youth Services and high schools operated by Ohio	60755
Department of Rehabilitation and Corrections' Ohio Central School	60756
System.	60757

Of the foregoing appropriation item 200-426, Ohio Educational	60758
Computer Network, up to $2,469,223 in each fiscal year shall be	60759
used for the Union Catalog and InfOhio Network and to support the	60760
provision of electronic resources with priority given to resources	60761
that support the teaching of state academic content standards in	60762
all public schools. Consideration shall be given by the Department	60763
of Education to coordinating the allocation of these moneys with	60764
the efforts of Libraries Connect Ohio, whose members include	60765
OhioLINK, the Ohio Public Information Network, and the State	60766
Library of Ohio.	60767

Of the foregoing appropriation item 200-426, Ohio Educational	60768
Computer Network, up to $8,338,468 in each fiscal year shall be	60769
used, through a formula and guidelines devised by the Department,	60770
to subsidize the activities of designated information technology	60771
centers, as defined by State Board of Education rules, to provide	60772
school districts and chartered nonpublic schools with	60773
computer-based student and teacher instructional and	60774
administrative information services, including approved	60775
computerized financial accounting, and to ensure the effective	60776
operation of local automated administrative and instructional	60777
systems.	60778

The remainder of appropriation item 200-426, Ohio Educational	60779
Computer Network, shall be used to support development,	60780
maintenance, and operation of a network of uniform and compatible	60781
computer-based information and instructional systems. This	60782
technical assistance shall include, but not be restricted to,	60783
development and maintenance of adequate computer software systems	60784
to support network activities. In order to improve the efficiency	60785
of network activities, the Department and information technology	60786
centers may jointly purchase equipment, materials, and services	60787
from funds provided under this appropriation for use by the	60788
network and, when considered practical by the Department, may	60789
utilize the services of appropriate state purchasing agencies.	60790

Section 269.10.90. ACADEMIC STANDARDS

60791

Of the foregoing appropriation item 200-427, Academic	60792
Standards, $150,000 in each fiscal year shall be used by the	60793
Department in combination with funding earmarked for this purpose	60794
in the Board of Regents' budget under appropriation item 235-321,	60795
Operating Expenses. Such funding shall be used to support Ohio's	60796
Partnership for Continued Learning at the direction of the Office	60797
of the Governor. Ohio's Partnership for Continued Learning	60798
replaces and broadens the former Joint Council of the Department	60799
of Education and the Board of Regents. The Partnership shall	60800
advise and make recommendations to promote collaboration among	60801
relevant state entities in an effort to help local communities	60802
develop coherent and successful "P-16" learning systems. The	60803
Governor, or the Governor's designee, shall serve as the	60804
chairperson.	60805

Of the foregoing appropriation item 200-427, Academic	60806
Standards, $1,000,000 in each fiscal year shall be used for	60807
Project Lead the Way leadership and management oversight and	60808
initial and continuing support of Project Lead the Way workforce	60809
development programs in participating school districts.	60810

Of the foregoing appropriation item 200-427, Academic	60811
Standards, $50,000 in each fiscal year shall be provided to the	60812
Art Academy of Cincinnati to support technology needs for the	60813
annual operation of its undergraduate, graduate, and noncredit	60814
programs and for administrative staff support.	60815

The remainder of appropriation item 200-427, Academic	60816
Standards, shall be used by the Department of Education to	60817
develop, revise, and communicate to school districts academic	60818
content standards and curriculum models. The Department may also	60819
use the remainder to develop program models that demonstrate how	60820
the academic content standards can be implemented in high school	60821
classrooms and to offer online continuing education courses. The	60822
Department of Education may also use the remainder to support the	60823
coordination of Physical Education standards.	60824

Section 269.20.10. SCHOOL IMPROVEMENT INITIATIVES

60825

Of the foregoing appropriation item 200-431, School	60826
Improvement Initiatives, $450,000 in each fiscal year shall be	60827
used for Ohio's Rural Appalachian Leadership Development	60828
Initiative.	60829

Of the foregoing appropriation item 200-431, School	60830
Improvement Initiatives, up to $601,165 in each fiscal year shall	60831
be used by the Department of Education to support educational	60832
media centers to provide Ohio public schools with instructional	60833
resources and services, with priority given to resources and	60834
services aligned with state academic content standards.	60835

Of the foregoing appropriation item 200-431, School	60836
Improvement Initiatives, up to $10,387,835 in each fiscal year	60837
shall be used to support districts in the development and	60838
implementation of their continuous improvement plans as required	60839
in section 3302.04 of the Revised Code and to provide technical	60840
assistance and support in accordance with Title I of the "No Child	60841
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. This	60842
funding shall serve as a supplement to the funds provided under	60843
division (K) of section 3317.029 of the Revised Code, which	60844
represents state support for school improvement initiatives that	60845
assist school districts in closing the achievement gap.	60846

Of the foregoing appropriation item 200-431, School	60847
Improvement Initiatives, up to $236,250 in each fiscal year shall	60848
be used to reduce the dropout rate by addressing the academic and	60849
social problems of inner-city students through Project GRAD.	60850

Of the foregoing appropriation item 200-431, School	60851
Improvement Initiatives, $3,053,985 in fiscal year 2008 and	60852
$3,803,985 in fiscal year 2009 shall be used in conjunction with	60853
funding provided in the Board of Regents' budget under	60854
appropriation item 235-434, College Readiness and Access, to	60855
create early college high schools, which are small, autonomous	60856
schools that blend high school and college into a coherent	60857
educational program. The funds shall be distributed according to	60858
guidelines established by the Department of Education and the	60859
Board of Regents.	60860

Of the foregoing appropriation item 200-431, School	60861
Improvement Initiatives, up to $4,935,000 in each fiscal year	60862
shall be used in partnership with nonprofit groups with expertise	60863
in converting existing large urban high schools into small,	60864
personalized high schools. Districts eligible for such funding	60865
include the Urban 21 high schools, as defined in division (O) of	60866
section 3317.02 of the Revised Code as it existed prior to July 1,	60867
1998.	60868

Of the foregoing appropriation item 200-431, School	60869
Improvement Initiatives, up to $75,000 in each fiscal year shall	60870
be provided to Southern State Community College for the Pilot	60871
Post-Secondary Enrollment Options Program with Miami Trace High	60872
School.	60873

Of the foregoing appropriation item 200-431, School	60874
Improvement Initiatives, $1,000,000 in each fiscal year shall be	60875
used to support Jobs for Ohio Graduates (JOG). The Department of	60876
Education shall require a two-to-one match of local funding to	60877
state funding before releasing these funds to JOG.	60878

Of the foregoing appropriation item 200-431, School	60879
Improvement Initiatives, up to $600,000 in each fiscal year shall	60880
be used by the Department of Education to support start-up costs	60881
for gaining business and industry credentialing program	60882
accreditation and to support the development of a data collection	60883
system across the numerous industry test providers. Funds shall	60884
also be used to help subsidize the cost of student participation	60885
in industry assessments, provide research on industry assessments	60886
for alignment to industry-established content standards, provide	60887
professional development opportunities for educators, and prepare	60888
schools and adult centers to organize for credential alignment and	60889
delivery.	60890

Of the foregoing appropriation item 200-431, School	60891
Improvement Initiatives, $250,000 in each fiscal year shall be	60892
used to support Amer-I-Can.	60893

Section 269.20.20. LITERACY IMPROVEMENT-PROFESSIONAL	60894
DEVELOPMENT	60895

Of the foregoing appropriation item 200-433, Literacy	60896
Improvement-Professional Development, up to $9,540,000 in each	60897
fiscal year shall be used for educator training in literacy for	60898
classroom teachers, administrators, and literacy specialists.	60899

Of the foregoing appropriation item 200-433, Literacy	60900
Improvement-Professional Development, up to $5,000,000 in each	60901
fiscal year shall be used to support literacy professional	60902
development partnerships between the Department of Education,	60903
higher education institutions, literacy networks, and school	60904
districts.	60905

Of the foregoing appropriation item 200-433, Literacy	60906
Improvement - Professional Development, up to $900,000 in each	60907
fiscal year shall be used by the Department of Education to fund	60908
the Reading Recovery Training Network, to cover the cost of	60909
release time for the teacher trainers, and to provide grants to	60910
districts to implement other reading improvement programs on a	60911
pilot basis. Funds from this set-aside also may be used to conduct	60912
evaluations of the impact and effectiveness of Reading Recovery	60913
and other reading improvement programs.	60914

Of the foregoing appropriation item 200-433, Literacy	60915
Improvement-Professional Development, $100,000 in each fiscal year	60916
shall be provided to the Contemporary Arts Center for art	60917
education for children and a children's museum.	60918

The remainder of appropriation item 200-433, Literacy	60919
Improvement-Professional Development, shall be used by the	60920
Department of Education to provide administrative support of	60921
literacy professional development programs. Upon approval of the	60922
Controlling Board, the Department may also use the remainder to	60923
contract with an external evaluator on the effectiveness of	60924
literacy professional development initiatives in the academic	60925
achievement of students.	60926

STUDENT ASSESSMENT

60927

Of the foregoing appropriation item 200-437, Student	60928
Assessment, up to $207,364 in fiscal year 2008 and up to $212,486	60929
in fiscal year 2009 may be used to support the assessments	60930
required under section 3301.0715 of the Revised Code.	60931

The remainder of appropriation item 200-437, Student	60932
Assessment, shall be used to develop, field test, print,	60933
distribute, score, report results, and support other associated	60934
costs for the tests required under sections 3301.0710 and	60935
3301.0711 of the Revised Code and for similar purposes as required	60936
by section 3301.27 of the Revised Code. If funds remain in this	60937
appropriation after these purposes have been fulfilled, the	60938
Department may use the remainder of the appropriation to develop	60939
end-of-course exams.	60940

Section 269.20.30. ACCOUNTABILITY/REPORT CARDS

60941

Of the foregoing appropriation item 200-439,	60942
Accountability/Report Cards, up to $3,028,540 in each fiscal year	60943
shall be used to train district and regional specialists and	60944
district educators in the use of the value-added progress	60945
dimension and in the use of data as it relates to improving	60946
student achievement. This funding shall be used in consultation	60947
with a credible nonprofit organization with expertise in	60948
value-added progress dimensions.	60949

The remainder of appropriation item 200-439,	60950
Accountability/Report Cards, shall be used by the Department to	60951
incorporate a statewide pilot value-added progress dimension into	60952
performance ratings for school districts and for the development	60953
of an accountability system that includes the preparation and	60954
distribution of school report cards under section 3302.03 of the	60955
Revised Code.	60956

CHILD CARE LICENSING

60957

The foregoing appropriation item 200-442, Child Care	60958
Licensing, shall be used by the Department of Education to license	60959
and to inspect preschool and school-age child care programs under	60960
sections 3301.52 to 3301.59 of the Revised Code.	60961

Section 269.20.40. EDUCATION MANAGEMENT INFORMATION SYSTEM

60962

The foregoing appropriation item 200-446, Education	60963
Management Information System, shall be used by the Department of	60964
Education to improve the Education Management Information System	60965
(EMIS).	60966

Of the foregoing appropriation item 200-446, Education	60967
Management Information System, up to $1,338,620 in fiscal year	60968
2008 and up to $1,372,085 in fiscal year 2009 shall be distributed	60969
to designated information technology centers for costs relating to	60970
processing, storing, and transferring data for the effective	60971
operation of the EMIS. These costs may include, but are not	60972
limited to, personnel, hardware, software development,	60973
communications connectivity, professional development, and support	60974
services, and to provide services to participate in the State	60975
Education Technology Plan pursuant to section 3301.07 of the	60976
Revised Code.	60977

Of the foregoing appropriation item 200-446, Education	60978
Management Information System, up to $8,256,569 in fiscal year	60979
2008 and up to $8,462,984 in fiscal year 2009 shall be distributed	60980
on a per-pupil basis to school districts, community schools	60981
established under Chapter 3314. of the Revised Code, educational	60982
service centers, joint vocational school districts, and any other	60983
education entity that reports data through EMIS. From this	60984
funding, each school district or community school established	60985
under Chapter 3314. of the Revised Code with enrollment greater	60986
than 100 students and each vocational school district shall	60987
receive a minimum of $5,000 in each fiscal year. Each school	60988
district or community school established under Chapter 3314. of	60989
the Revised Code with enrollment between one and one hundred and	60990
each educational service center and each county board of MR/DD	60991
that submits data through EMIS shall receive $3,000 in each fiscal	60992
year. This subsidy shall be used for costs relating to reporting,	60993
processing, storing, transferring, and exchanging data necessary	60994
to meet requirements of the Department of Education's data system.	60995

The remainder of appropriation item 200-446, Education	60996
Management Information System, shall be used to develop and	60997
support a common core of data definitions and standards as adopted	60998
by the Education Management Information System Advisory Board,	60999
including the ongoing development and maintenance of the data	61000
dictionary and data warehouse. In addition, such funds shall be	61001
used to support the development and implementation of data	61002
standards and the design, development, and implementation of a new	61003
data exchange system.	61004

Any provider of software meeting the standards approved by	61005
the Education Management Information System Advisory Board shall	61006
be designated as an approved vendor and may enter into contracts	61007
with local school districts, community schools, information	61008
technology centers, or other educational entities for the purpose	61009
of collecting and managing data required under Ohio's education	61010
management information system (EMIS) laws. On an annual basis, the	61011
Department of Education shall convene an advisory group of school	61012
districts, community schools, and other education-related entities	61013
to review the Education Management Information System data	61014
definitions and data format standards. The advisory group shall	61015
recommend changes and enhancements based upon surveys of its	61016
members, education agencies in other states, and current industry	61017
practices, to reflect best practices, align with federal	61018
initiatives, and meet the needs of school districts.	61019

School districts and community schools not implementing a	61020
common and uniform set of data definitions and data format	61021
standards for Education Management Information System purposes	61022
shall have all EMIS funding withheld until they are in compliance.	61023

Section 269.20.50. GED TESTING

61024

The foregoing appropriation item 200-447, GED Testing, shall	61025
be used to provide General Educational Development (GED) testing	61026
at no cost to applicants, under rules adopted by the State Board	61027
of Education. The Department of Education shall reimburse school	61028
districts and community schools, created under Chapter 3314. of	61029
the Revised Code, for a portion of the costs incurred in providing	61030
summer instructional or intervention services to students who have	61031
not graduated because of their inability to pass one or more parts	61032
of the state's Ohio Graduation Test or ninth grade proficiency	61033
test. School districts shall also provide such services to	61034
students who are residents of the district under section 3313.64	61035
of the Revised Code, but who are enrolled in chartered, nonpublic	61036
schools. The services shall be provided in the public school, in	61037
nonpublic schools, in public centers, or in mobile units located	61038
on or off the nonpublic school premises. No school district shall	61039
provide summer instructional or intervention services to nonpublic	61040
school students as authorized by this section unless such services	61041
are available to students attending the public schools within the	61042
district. No school district shall provide services for use in	61043
religious courses, devotional exercises, religious training, or	61044
any other religious activity. Chartered, nonpublic schools shall	61045
pay for any unreimbursed costs incurred by school districts for	61046
providing summer instruction or intervention services to students	61047
enrolled in chartered, nonpublic schools. School districts may	61048
provide these services to students directly or contract with	61049
postsecondary or nonprofit community-based institutions in	61050
providing instruction.	61051

Section 269.20.60. EDUCATOR PREPARATION

61052

Of the foregoing appropriation item 200-448, Educator	61053
Preparation, $100,000 in each fiscal year shall be provided in	61054
conjunction with funding in the Board of Regents' budget under	61055
appropriation item 235-435, Teacher Improvement Initiatives, to	61056
the Teacher Quality Partnership Project. The Teacher Quality	61057
Partnership is a research consortium of Ohio's fifty colleges and	61058
universities providing teacher preparation programs. Funds shall	61059
be used to support a comprehensive longitudinal study of the	61060
preparation, in-school support, and effectiveness of Ohio	61061
teachers.	61062

The remainder of appropriation item 200-448, Educator	61063
Preparation, may be used by the Department to support the Educator	61064
Standards Board under section 3319.61 of the Revised Code as it	61065
develops and recommends to the State Board of Education standards	61066
for educator training and standards for teacher and other school	61067
leadership positions. Any remaining funds may be used by the	61068
Department to develop alternative preparation programs for school	61069
leaders.	61070

Section 269.20.70. COMMUNITY SCHOOLS

61071

Of the foregoing appropriation item 200-455, Community	61072
Schools, up to $1,308,661 in each fiscal year may be used by the	61073
Department of Education for additional services and	61074
responsibilities under section 3314.11 of the Revised Code.	61075

Of the foregoing appropriation item 200-455, Community	61076
Schools, up to $225,000 in each fiscal year may be used by the	61077
Department of Education for developing and conducting training	61078
sessions for sponsors and prospective sponsors of community	61079
schools as prescribed in division (A)(1) of section 3314.015 of	61080
the Revised Code. In developing the training sessions, the	61081
Department shall collect and disseminate examples of best	61082
practices used by sponsors of independent charter schools in Ohio	61083
and other states.	61084

STEM INITIATIVES

61085

Of the foregoing appropriation item 200-457, STEM	61086
Initiatives, up to $2,783,000 in each fiscal year shall be	61087
provided as start-up grants to new STEM schools under the section	61088
of this act entitled "AWARD OF STEM INITIATIVES GRANTS."	61089

Of the foregoing appropriation item 200-457, STEM	61090
Initiatives, up to $3,500,000 in each fiscal year shall be used to	61091
support STEM Programs of Excellence under the section of this act	61092
entitled "AWARD OF STEM INITIATIVES GRANTS."	61093

Of the foregoing appropriation item 200-457, STEM	61094
Initiatives, $350,000 in each fiscal year shall be used to support	61095
the Young Buckeye STEM Scholars After School and Summer Program	61096
designed by the Ohio Academy of Science.	61097

Of the foregoing appropriation item 200-457, STEM	61098
Initiatives, up to $2,600,000 in each fiscal year shall be used	61099
for mathematics initiatives that include, but are not limited to,	61100
intensive teacher professional development institutes that focus	61101
on classroom implementation of the mathematics standards.	61102

Of the foregoing appropriation item 200-457, STEM	61103
Initiatives, $200,000 in each fiscal year may be used to support	61104
the Ohio Resource Center for Math and Science.	61105

Of the foregoing appropriation item 200-457, STEM	61106
Initiatives, up to $282,000 in each fiscal year shall be used for	61107
the JASON Expedition project that provides statewide access to	61108
JASON Expedition content. Funds shall be used to provide	61109
professional development training for teachers participating in	61110
the project, statewide management, and a seventy-five per cent	61111
subsidy for statewide licensing of JASON Expedition content with	61112
priority given to content aligned with state academic content	61113
standards for approximately 90,000 middle school students	61114
statewide.	61115

Of the foregoing appropriation item 200-457, STEM	61116
Initiatives, $285,000 in each fiscal year shall be used for	61117
science initiatives that include, but are not limited to, the Ohio	61118
Science Institute (OSCI).	61119

Section 269.20.75. AWARD OF STEM INITIATIVES GRANTS

61120

(A) As used in this section:

61121

(1) "Community school" means a community school established	61122
under Chapter 3314. of the Revised Code.	61123

(2) "STEM" is an abbreviation for science, technology,	61124
engineering, and mathematics.	61125

(B) The Partnership for Continued Learning shall prescribe	61126
criteria for awarding start-up grants to new STEM schools and	61127
grants to support STEM programs of excellence. The criteria for	61128
each type of grant shall include the maximum number of grants,	61129
minimum and maximum amounts of the grants, and minimum standards	61130
for the schools and programs receiving the grants.	61131

(C) The Department of Education, in consultation with the	61132
Ohio Board of Regents, the Chancellor of the Board, and the	61133
Partnership for Continued Learning, and in accordance with the	61134
criteria prescribed under division (B) of this section, shall	61135
award start-up grants for new STEM schools and grants for STEM	61136
programs of excellence.	61137

(D) Start-up grants for new STEM schools shall be awarded to	61138
school districts, including joint vocational school districts,	61139
educational service centers, community schools, or consortiums of	61140
school districts, educational service centers, or community	61141
schools, for schools that are not in operation prior to receiving	61142
the grant and that will serve only students above grade six. To be	61143
considered for an award, the applicant shall demonstrate to the	61144
Department's satisfaction that the school meets at least the	61145
following standards:	61146

(1) The new STEM school will not base student admission on	61147
intellectual ability or measures of achievement, aptitude, or	61148
ability.	61149

(2) The new STEM school will offer a rigorous and diverse	61150
curriculum that is based on scientific inquiry and scientific	61151
design, features the arts and humanities, and emphasizes	61152
personalized learning and teamwork skills, and the goal of which	61153
is to prepare students for college, the work force, and	61154
citizenship.	61155

(3) The new STEM school will attract school leaders who	61156
support the principles of division (D)(2) of this section.	61157

(4) The new STEM school will utilize a knowledge management	61158
mechanism for best practices and innovative professional	61159
development.	61160

(E) In awarding start-up grants for new STEM schools, the	61161
Department shall give preference to proposed new STEM schools that	61162
both:	61163

(1) Are developed in collaboration with a regional	61164
partnership that includes institutions of higher education, local	61165
businesses, and leaders of community organizations and local	61166
governments;	61167

(2) Have received commitments of sustained and verifiable	61168
fiscal or in-kind support from regional educational and business	61169
entities.	61170

(F) A school district, school building operated by a school	61171
district, community school, or educational service center may	61172
apply for a grant for a STEM program of excellence to serve	61173
students in any of grades kindergarten through eight. To be	61174
considered for an award, the applicant shall demonstrate to the	61175
Department's satisfaction that the program meets at least the	61176
following standards:	61177

(1) The program will serve all students enrolled in the	61178
district or school in the grades for which the program is	61179
designed.	61180

(2) The program will offer a rigorous and diverse curriculum	61181
that is based on scientific inquiry and scientific design, that	61182
emphasizes personalized learning and teamwork skills, and that	61183
will expose students to advanced scientific concepts within and	61184
outside the classroom.	61185

(3) The program will include teacher professional development	61186
strategies that are augmented by community and business partners.	61187

(G) In awarding grants to support STEM programs of	61188
excellence, the Department shall give preference to programs that	61189
have received commitments of sustained and verifiable fiscal or	61190
in-kind support from regional educational and business entities.	61191

Section 269.20.80. PUPIL TRANSPORTATION

61192

Of the foregoing appropriation item 200-502, Pupil	61193
Transportation, up to $830,624 in fiscal year 2008 and up to	61194
$838,930 in fiscal year 2009 may be used by the Department of	61195
Education for training prospective and experienced school bus	61196
drivers in accordance with training programs prescribed by the	61197
Department. Up to $59,870,514 in fiscal year 2008 and up to	61198
$60,469,220 in fiscal year 2009 may be used by the Department of	61199
Education for special education transportation reimbursements to	61200
school districts and county MR/DD boards for transportation	61201
operating costs as provided in division (J) of section 3317.024 of	61202
the Revised Code. The remainder of appropriation item 200-502,	61203
Pupil Transportation, shall be used for the state reimbursement of	61204
public school districts' costs in transporting pupils to and from	61205
the school they attend in accordance with the district's policy,	61206
State Board of Education standards, and the Revised Code.	61207

Notwithstanding the distribution formula outlined in division	61208
(D) of section 3317.022 of the Revised Code, each school district	61209
shall receive an additional one per cent in state funding for	61210
transportation in fiscal year 2008 over what was received in	61211
fiscal year 2007, and the local share of transportation costs that	61212
is used in the calculation of the charge-off supplement under	61213
section 3317.0216 of the Revised Code and the excess cost	61214
supplement under division (F) of section 3317.022 of the Revised	61215
Code for each school district in fiscal year 2008 shall be	61216
increased by one per cent from that used in calculations in fiscal	61217
year 2007.	61218

Notwithstanding the distribution formula outlined in division	61219
(D) of section 3317.022 of the Revised Code, each school district	61220
shall receive an additional one per cent in state funding for	61221
transportation in fiscal year 2009 over what was received in	61222
fiscal year 2008, and the local share of transportation costs that	61223
is used in the calculation of the charge-off supplement under	61224
section 3317.0216 of the Revised Code and the excess cost	61225
supplement under division (F) of section 3317.022 of the Revised	61226
Code for each school district in fiscal year 2009 shall be	61227
increased by one per cent from that used in calculations in fiscal	61228
year 2008.	61229

School districts not receiving state funding for	61230
transportation in fiscal year 2005 under division (D) of section	61231
3317.022 of the Revised Code shall not receive state funding for	61232
transportation in fiscal year 2008 or fiscal year 2009.	61233

Section 269.20.83. Not later than December 31, 2008, the	61234
Department of Education shall complete a study and submit to the	61235
General Assembly in accordance with section 101.68 of the Revised	61236
Code a report of findings regarding, and legislative and other	61237
recommendations for enhancing regional collaboration among school	61238
districts, educational service centers, community schools, and	61239
nonpublic schools in the provision of pupil transportation. The	61240
study shall include the role of educational service centers in	61241
providing pupil transportation. In conducting the study, the	61242
Department shall consult with the state regional alliance advisory	61243
board created by section 3312.11 of the Revised Code.	61244

Section 269.20.90. BUS PURCHASE ALLOWANCE

61245

The foregoing appropriation item 200-503, Bus Purchase	61246
Allowance, shall be distributed to school districts, educational	61247
service centers, and county MR/DD boards pursuant to rules adopted	61248
under section 3317.07 of the Revised Code. Up to 28 per cent of	61249
the amount appropriated may be used to reimburse school districts	61250
and educational service centers for the purchase of buses to	61251
transport handicapped and nonpublic school students and to county	61252
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	61253
for the Blind for the purchase of buses to transport handicapped	61254
students.	61255

SCHOOL LUNCH MATCH

61256

The foregoing appropriation item 200-505, School Lunch Match,	61257
shall be used to provide matching funds to obtain federal funds	61258
for the school lunch program.	61259

Section 269.30.10. ADULT LITERACY EDUCATION

61260

The foregoing appropriation item 200-509, Adult Literacy	61261
Education, shall be used to support adult basic and literacy	61262
education instructional programs and the State Literacy Resource	61263
Center Program.	61264

Of the foregoing appropriation item 200-509, Adult Literacy	61265
Education, up to $488,037 in each fiscal year shall be used for	61266
the support and operation of the State Literacy Resource Center.	61267

Of the foregoing appropriation item 200-509, Adult Literacy	61268
Education, up to $175,000 in each fiscal year shall be used for	61269
state reimbursement to school districts for adult high school	61270
continuing education programs under section 3313.531 of the	61271
Revised Code or for costs associated with awarding adult high	61272
school diplomas under section 3313.611 of the Revised Code.	61273

Of the foregoing appropriation item 200-509, Adult Literacy	61274
Education, $130,000 in each fiscal year shall be used to support	61275
initiatives for English as a Second Language programs. Funding	61276
shall be distributed as follows: $60,000 in each fiscal year for	61277
Jewish Community Federation of Cleveland, $25,000 in each fiscal	61278
year for Yassenoff Jewish Community Center of Columbus, $30,000 in	61279
each fiscal year for Jewish Family Services of Cincinnati, and	61280
$15,000 in each fiscal year for Jewish Family Services of Dayton.	61281

The remainder of the appropriation shall be used to continue	61282
to satisfy the state match and maintenance of effort requirements	61283
for the support and operation of the Department of	61284
Education-administered instructional grant program for adult basic	61285
and literacy education in accordance with the Department's state	61286
plan for adult basic and literacy education as approved by the	61287
State Board of Education and the Secretary of the United States	61288
Department of Education.	61289

Section 269.30.20. AUXILIARY SERVICES

61290

The foregoing appropriation item 200-511, Auxiliary Services,	61291
shall be used by the Department of Education for the purpose of	61292
implementing section 3317.06 of the Revised Code. Of the	61293
appropriation, up to $2,060,000 in fiscal year 2008 and up to	61294
$2,121,800 in fiscal year 2009 may be used for payment of the	61295
Post-Secondary Enrollment Options Program for nonpublic students.	61296
Notwithstanding section 3365.10 of the Revised Code, the	61297
Department, in accordance with Chapter 119. of the Revised Code,	61298
shall adopt rules governing the distribution method for these	61299
funds.	61300

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

61301

Of the foregoing appropriation item 200-514, Postsecondary	61302
Adult Career-Technical Education, $40,000 in each fiscal year	61303
shall be used for statewide coordination of the activities of the	61304
Ohio Young Farmers.	61305

The remainder of appropriation item 200-514, Postsecondary	61306
Adult Career-Technical Education, shall be used by the State Board	61307
of Education to provide postsecondary adult career-technical	61308
education under sections 3313.52 and 3313.53 of the Revised Code.	61309

Section 269.30.30. GIFTED PUPIL PROGRAM

61310

The foregoing appropriation item 200-521, Gifted Pupil	61311
Program, shall be used for gifted education units not to exceed	61312
1,110 in each fiscal year under division (L) of section 3317.024	61313
and division (F) of section 3317.05 of the Revised Code.	61314

Of the foregoing appropriation item 200-521, Gifted Pupil	61315
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	61316
in fiscal year 2009 may be used as an additional supplement for	61317
identifying gifted students under Chapter 3324. of the Revised	61318
Code.	61319

Of the foregoing appropriation item 200-521, Gifted Pupil	61320
Program, the Department of Education may expend up to $1,015,858	61321
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	61322
the Summer Honors Institute, including funding for the Martin	61323
Essex Program, which shall be awarded through a request for	61324
proposals process.	61325

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

61326

The foregoing appropriation item 200-532, Nonpublic	61327
Administrative Cost Reimbursement, shall be used by the Department	61328
of Education for the purpose of implementing section 3317.063 of	61329
the Revised Code.	61330

Section 269.30.40. OHIO CORE SUPPORT

61331

The foregoing appropriation item 200-536, Ohio Core Support,	61332
shall be used to support implementation of the Ohio Core Program,	61333
which requires establishment of a rigorous high school curriculum	61334
for Ohio's high school students. The Department of Education and	61335
the Board of Regents shall jointly plan and work collaboratively	61336
to guide implementation of the Ohio Core Program and to administer	61337
funding to eligible school districts, fiscal agents, individuals,	61338
and programs as determined under this section. The Department of	61339
Education and the Board of Regents shall jointly agree to the	61340
awarding and expenditure of funds appropriated in this section.	61341

Of the foregoing appropriation item 200-536, Ohio Core	61342
Support, up to $2,600,000 in fiscal year 2008 and up to $3,000,000	61343
in fiscal year 2009 shall be used to support the participation of	61344
teachers licensed in Ohio and mid-career professionals not	61345
currently employed by a school district or chartered nonpublic	61346
school or licensed to teach at the primary or secondary education	61347
levels in a twelve-month intensive training program that leads to	61348
teacher licensure in a laboratory-based science, advanced	61349
mathematics, or foreign language field at the secondary education	61350
level and employment with an Ohio school district school	61351
designated by the Department of Education as a hard to staff	61352
school.	61353

Of the foregoing appropriation item 200-536, Ohio Core	61354
Support, up to $1,500,000 in fiscal year 2008 and up to $2,100,000	61355
in fiscal year 2009 shall be used to support alternative teacher	61356
licensure programs developed by educational service centers in	61357
partnership with institutions of higher education. Participants	61358
shall be teachers licensed in Ohio and mid-career professionals	61359
not currently employed by a school district or chartered nonpublic	61360
school or licensed to teach at the primary or secondary education	61361
levels. Programs shall support teacher licensure in a	61362
laboratory-based science, advanced mathematics, or foreign	61363
language field at the secondary education level and employment	61364
with an Ohio school district school designated by the Department	61365
of Education as a hard to staff school. The programs shall be	61366
consistent with the State Board of Education's alternative	61367
licensure requirements.	61368

Of the foregoing appropriation item 200-536, Ohio Core	61369
Support, up to $3,600,000 in each fiscal year shall be distributed	61370
to school districts, and to public fiscal agents on behalf of	61371
chartered nonpublic schools, to be used to obtain contracted	61372
instruction with institutions of higher education in advanced	61373
mathematics, laboratory-based science, or foreign language for	61374
public and chartered nonpublic high school students that results	61375
in dual high school and college credit. Costs shall be based upon	61376
reasonable expenses that institutions of higher education could	61377
incur for faculty, supplies, and other associated costs.	61378

Of the foregoing appropriation item 200-536, Ohio Core	61379
Support, up to $5,675,000 in fiscal year 2009 shall be distributed	61380
to public school districts for supplemental post-secondary	61381
enrollment option participation. The Partnership for Continued	61382
Learning shall make program recommendations by October 31, 2007,	61383
to the Department of Education and the Board of Regents to remove	61384
school district barriers to participation and improve the quality	61385
of course offerings, ensuring that credit earned at institutions	61386
of higher education will apply toward high school graduation	61387
requirements and associate or baccalaureate degree requirements.	61388
Eligibility requirements and grant amounts awarded to school	61389
districts in fiscal year 2009 for the program shall be determined	61390
by criteria established by the Department of Education in	61391
collaboration with the Board of Regents and the Partnership for	61392
Continued Learning.	61393

Of the foregoing appropriation item 200-536, Ohio Core	61394
Support, $750,000 in fiscal year 2009 shall be used for Advanced	61395
Placement (AP) Summer Institutes for one hundred fifty English,	61396
social studies, and foreign language teachers and six hundred	61397
science and mathematics teachers.	61398

Section 269.30.50. SPECIAL EDUCATION ENHANCEMENTS

61399

Of the foregoing appropriation item 200-540, Special	61400
Education Enhancements, up to $2,906,875 in each fiscal year shall	61401
be used for home instruction for children with disabilities; up to	61402
$1,462,500 in each fiscal year shall be used for parent mentoring	61403
programs; and up to $2,783,396 in each fiscal year may be used for	61404
school psychology interns.	61405

Of the foregoing appropriation item 200-540, Special	61406
Education Enhancements, $750,000 in each fiscal year shall be used	61407
for the Out of School Initiative of Sinclair Community College.	61408

Of the foregoing appropriation item 200-540, Special	61409
Education Enhancements, $200,000 shall be used for a preschool	61410
special education pilot program in Bowling Green City School	61411
District.	61412

Of the foregoing appropriation item 200-540, Special	61413
Education Enhancements, $200,000 in each fiscal year shall be used	61414
to support the Bellefaire Jewish Children's Bureau.	61415

Of the foregoing appropriation item 200-540, Special	61416
Education Enhancements, up to $82,707,558 in fiscal year 2008 and	61417
up to $83,371,505 in fiscal year 2009 shall be distributed by the	61418
Department of Education to county boards of mental retardation and	61419
developmental disabilities, educational service centers, and	61420
school districts for preschool special education units and	61421
preschool supervisory units under section 3317.052 of the Revised	61422
Code. The Department may reimburse county boards of mental	61423
retardation and developmental disabilities, educational service	61424
centers, and school districts for related services as defined in	61425
rule 3301-51-11 of the Administrative Code, for preschool	61426
occupational and physical therapy services provided by a physical	61427
therapy assistant and certified occupational therapy assistant,	61428
and for an instructional assistant. To the greatest extent	61429
possible, the Department of Education shall allocate these units	61430
to school districts and educational service centers.	61431

No physical therapy assistant who provides services under	61432
this section shall fail to practice in accordance with the	61433
requirements of Chapter 4755. of the Revised Code and rules	61434
4755-27-02 and 4755-27-03 of the Administrative Code. No	61435
occupational therapy assistant who provides services under this	61436
section shall fail to practice in accordance with the requirements	61437
of Chapter 4755. of the Revised Code and rules 4755-7-01 and	61438
4755-7-03 of the Administrative Code.	61439

The Department of Education shall require school districts,	61440
educational service centers, and county MR/DD boards serving	61441
preschool children with disabilities to document child progress	61442
using research-based indicators prescribed by the Department and	61443
report results annually. The reporting dates and method shall be	61444
determined by the Department.	61445

Of the foregoing appropriation item 200-540, Special	61446
Education Enhancements, up to $400,000 in each fiscal year shall	61447
be used for the Collaborative Language and Literacy Instruction	61448
Project.	61449

Of the foregoing appropriation item 200-540, Special	61450
Education Enhancements, $325,000 in each fiscal year shall be used	61451
by the Ohio Center for Autism and Low Incidence to contract with	61452
the Delaware-Union Educational Service Center for the provision of	61453
autism transition services.	61454

Of the foregoing appropriation item 200-540, Special	61455
Education Enhancements, $75,000 in each fiscal year shall be used	61456
for Leaf Lake/Geauga Educational Assistance Funding.	61457

Of the foregoing appropriation item 200-540, Special	61458
Education Enhancements, $650,000 in each fiscal year shall be used	61459
to support Project More for one-to-one reading mentoring.	61460

The remainder of appropriation item 200-540, Special	61461
Education Enhancements, shall be used to fund special education	61462
and related services at county boards of mental retardation and	61463
developmental disabilities for eligible students under section	61464
3317.20 of the Revised Code and at institutions for eligible	61465
students under section 3317.201 of the Revised Code.	61466

Section 269.30.60. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

61467

Of the foregoing appropriation item 200-545, Career-Technical	61468
Education Enhancements, up to $2,509,152 in fiscal year 2008 and	61469
up to $2,584,427 in fiscal year 2009 shall be used to fund	61470
career-technical education grants at institutions.	61471

Of the foregoing appropriation item 200-545, Career-Technical	61472
Education Enhancements, up to $2,621,507 in each fiscal year shall	61473
be used by the Department of Education to fund competitive grants	61474
to tech prep consortia that expand the number of students enrolled	61475
in tech prep programs. These grant funds shall be used to directly	61476
support expanded tech prep programs, including equipment, provided	61477
to students enrolled in school districts, including joint	61478
vocational school districts, and affiliated higher education	61479
institutions.	61480

Of the foregoing appropriation item 200-545, Career-Technical	61481
Education Enhancements, up to $3,401,000 in each fiscal year shall	61482
be used by the Department of Education to support existing High	61483
Schools That Work (HSTW) sites, develop and support new sites,	61484
fund technical assistance, and support regional centers and middle	61485
school programs. The purpose of HSTW is to combine challenging	61486
academic courses and modern career-technical studies to raise the	61487
academic achievement of students. HSTW provides intensive	61488
technical assistance, focused staff development, targeted	61489
assessment services, and ongoing communications and networking	61490
opportunities.	61491

Of the foregoing appropriation item 200-545, Career-Technical	61492
Education Enhancements, up to $466,992 in each fiscal year shall	61493
be allocated for the Ohio Career Information System (OCIS) and	61494
used for the dissemination of career information data to public	61495
schools, libraries, rehabilitation centers, two- and four-year	61496
colleges and universities, and other governmental units.	61497

Of the foregoing appropriation item 200-545, Career-Technical	61498
Education Enhancements, up to $300,000 in each fiscal year shall	61499
be used by the Department of Education to enable students in	61500
agricultural programs to enroll in a fifth quarter of instruction	61501
based on the agricultural education model of delivering work-based	61502
learning through supervised agricultural experience. The	61503
Department of Education shall determine eligibility criteria and	61504
the reporting process for the Agriculture 5th Quarter Project and	61505
shall fund as many programs as possible given the set aside.	61506

Section 269.30.70. FOUNDATION FUNDING

61507

The foregoing appropriation item 200-550, Foundation Funding,	61508
includes $75,000,000 in each fiscal year for the state education	61509
aid offset due to the change in public utility valuation as a	61510
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	61511
General Assembly. This amount represents the total state education	61512
aid offset due to the valuation change for school districts and	61513
joint vocational school districts from all relevant appropriation	61514
line item sources. Upon certification by the Department of	61515
Education, in consultation with the Department of Taxation, to the	61516
Director of Budget and Management of the actual state aid offset,	61517
the cash transfer from Fund 053, appropriation item 200-900,	61518
School District Property Tax Replacement - Utility, shall be	61519
decreased or increased by the Director of Budget and Management to	61520
match the certification in accordance with section 5727.84 of the	61521
Revised Code.	61522

The foregoing appropriation item 200-550, Foundation Funding,	61523
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	61524
fiscal year 2009 for the state education aid offset because of the	61525
changes in tangible personal property valuation as a result of Am.	61526
Sub. H.B. 66 of the 126th General Assembly. This amount represents	61527
the total state education aid offset because of the valuation	61528
change for school districts and joint vocational school districts	61529
from all relevant appropriation item sources. Upon certification	61530
by the Department of Education of the actual state education aid	61531
offset to the Director of Budget and Management, the cash transfer	61532
from Fund 047, appropriation item 200-909, School District	61533
Property Tax Replacement - Business, shall be decreased or	61534
increased by the Director of Budget and Management to match the	61535
certification in accordance with section 5751.21 of the Revised	61536
Code.	61537

Of the foregoing appropriation item 200-550, Foundation	61538
Funding, up to $425,000 shall be expended in each fiscal year for	61539
court payments under section 2151.357 of the Revised Code; an	61540
amount shall be available in each fiscal year to fund up to 225	61541
full-time equivalent approved GRADS teacher grants under division	61542
(N) of section 3317.024 of the Revised Code; an amount shall be	61543
available in each fiscal year to make payments to school districts	61544
under division (A)(3) of section 3317.022 of the Revised Code; an	61545
amount shall be available in each fiscal year to make payments to	61546
school districts under division (F) of section 3317.022 of the	61547
Revised Code; and up to $30,000,000 in each fiscal year shall be	61548
reserved for payments under sections 3317.026, 3317.027, and	61549
3317.028 of the Revised Code except that the Controlling Board may	61550
increase the $30,000,000 amount if presented with such a request	61551
from the Department of Education.	61552

Of the foregoing appropriation item 200-550, Foundation	61553
Funding, up to $19,770,000 in fiscal year 2008 and up to	61554
$20,545,200 in fiscal year 2009 shall be used to provide	61555
additional state aid to school districts for special education	61556
students under division (C)(3) of section 3317.022 of the Revised	61557
Code, except that the Controlling Board may increase these amounts	61558
if presented with such a request from the Department of Education	61559
at the final meeting of the fiscal year; up to $2,000,000 in each	61560
fiscal year shall be reserved for Youth Services tuition payments	61561
under section 3317.024 of the Revised Code; and up to $52,000,000	61562
in each fiscal year shall be reserved to fund the state	61563
reimbursement of educational service centers under section 3317.11	61564
of the Revised Code and the section of this act entitled	61565
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	61566
available for special education weighted funding under division	61567
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16	61568
of the Revised Code.	61569

Of the foregoing appropriation item 200-550, Foundation	61570
Funding, an amount shall be available in each fiscal year to be	61571
used by the Department of Education for transitional aid for	61572
school districts and joint vocational school districts. Funds	61573
shall be distributed under the sections of this act entitled	61574
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL	61575
DISTRICTS" and "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	61576
DISTRICTS."	61577

Of the foregoing appropriation item 200-550, Foundation	61578
Funding, up to $1,000,000 in each fiscal year shall be used by the	61579
Department of Education for a program to pay for educational	61580
services for youth who have been assigned by a juvenile court or	61581
other authorized agency to any of the facilities described in	61582
division (A) of the section of this act entitled "PRIVATE	61583
TREATMENT FACILITY PROJECT."	61584

Of the foregoing appropriation item 200-550, Foundation	61585
Funding, up to $3,700,000 in each fiscal year shall be used for	61586
school breakfast programs. Of this amount, up to $900,000 shall be	61587
used in each fiscal year by the Department of Education to	61588
contract with the Children's Hunger Alliance to expand access to	61589
child nutrition programs consistent with the organization's	61590
continued ability to meet specified performance measures as	61591
detailed in the contract. Of this amount, the Children's Hunger	61592
Alliance shall use at least $150,000 in each fiscal year to	61593
subcontract with an appropriate organization or organizations to	61594
expand summer food participation in underserved areas of the	61595
state, consistent with those organizations' continued ability to	61596
meet specified performance measures as detailed in the	61597
subcontracts. The remainder of the appropriation shall be used to	61598
partially reimburse school buildings within school districts that	61599
are required to have a school breakfast program under section	61600
3313.813 of the Revised Code, at a rate decided by the Department.	61601

Of the foregoing appropriation item 200-550, Foundation	61602
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	61603
in fiscal year 2009 shall be used to operate the school choice	61604
program in the Cleveland Municipal School District under sections	61605
3313.974 to 3313.979 of the Revised Code.	61606

Of the portion of the funds distributed to the Cleveland	61607
Municipal School District under this section, up to $11,901,887 in	61608
each fiscal year shall be used to operate the school choice	61609
program in the Cleveland Municipal School District under sections	61610
3313.974 to 3313.979 of the Revised Code.	61611

Of the foregoing appropriation item 200-550, Foundation	61612
Funding, $3,312,165 in each fiscal year shall be used in	61613
conjunction with funding appropriated under appropriation item	61614
200-431, School Improvement Initiatives, to help support districts	61615
in the development and implementation of their continuous	61616
improvements plans and provide technical assistance and support in	61617
accordance with Title I of the No Child Left Behind Act of 2001.	61618

The remaining portion of appropriation item 200-550,	61619
Foundation Funding, shall be expended for the public schools of	61620
city, local, exempted village, and joint vocational school	61621
districts, including base-cost funding, special education speech	61622
service enhancement funding, career-technical education weight	61623
funding, career-technical education associated service funding,	61624
teacher training and experience funding, charge-off supplement,	61625
and excess cost supplement under sections 3317.022, 3317.023,	61626
3317.0216, and 3317.16 of the Revised Code.	61627

Appropriation items 200-502, Pupil Transportation, 200-521,	61628
Gifted Pupil Program, 200-540, Special Education Enhancements, and	61629
200-550, Foundation Funding, other than specific set-asides, are	61630
collectively used in each fiscal year to pay state formula aid	61631
obligations for school districts and joint vocational school	61632
districts under Chapter 3317. of the Revised Code. The first	61633
priority of these appropriation items, with the exception of	61634
specific set-asides, is to fund state formula aid obligations	61635
under Chapter 3317. of the Revised Code. It may be necessary to	61636
reallocate funds among these appropriation items or use excess	61637
funds from other general revenue fund appropriation items in the	61638
Department of Education's budget in each fiscal year, in order to	61639
meet state formula aid obligations. If it is determined that it is	61640
necessary to transfer funds among these appropriation items or to	61641
transfer funds from other General Revenue Fund appropriations in	61642
the Department of Education's budget to meet state formula aid	61643
obligations, the Department of Education shall seek approval from	61644
the Controlling Board to transfer funds as needed.	61645

Section 269.30.80. TRANSITIONAL AID FOR CITY, LOCAL, AND	61646
EXEMPTED VILLAGE SCHOOL DISTRICTS	61647

(A) The Department of Education shall distribute funds within	61648
appropriation item 200-550, Foundation Funding, for transitional	61649
aid in each fiscal year to each qualifying city, local, and	61650
exempted village school district.	61651

For fiscal years 2008 and 2009, the Department shall pay	61652
transitional aid to each city, local, or exempted village school	61653
district that experiences any decrease in its SF-3 funding for the	61654
current fiscal year from its transitional aid guarantee base for	61655
the current fiscal year. The amount of the transitional aid	61656
payment shall equal the difference between the district's SF-3	61657
funding for the current fiscal year and its transitional aid	61658
guarantee base for the current fiscal year.	61659

(B)(1) Subject to divisions (B)(3) and (C) of this section,	61660
the transitional aid guarantee base for each city, local, and	61661
exempted village school district for fiscal year 2008 equals the	61662
sum of the following as computed for fiscal year 2007, as	61663
reconciled by the Department:	61664

(a) Base-cost funding under division (A) of section 3317.022	61665
of the Revised Code;	61666

(b) Special education and related services additional	61667
weighted funding under division (C)(1) of section 3317.022 of the	61668
Revised Code;	61669

(c) Speech services funding under division (C)(4) of section	61670
3317.022 of the Revised Code;	61671

(d) Vocational education additional weighted funding under	61672
division (E) of section 3317.022 of the Revised Code;	61673

(e) GRADS funding under division (N) of section 3317.024 of	61674
the Revised Code;	61675

(f) Adjustments for classroom teachers and educational	61676
service personnel under divisions (B), (C), and (D) of section	61677
3317.023 of the Revised Code;	61678

(g) Poverty-Based Assistance under section 3317.029 of the	61679
Revised Code;	61680

(h) Gifted education units under division (L) of section	61681
3317.024 and section 3317.05 of the Revised Code;	61682

(i) Transportation under Section 206.09.21 of Am. Sub. H.B.	61683
66 of the 126th General Assembly, as subsequently amended;	61684

(j) The excess cost supplement under division (F) of section	61685
3317.022 of the Revised Code;	61686

(k) Parity aid under section 3317.0217 of the Revised Code;

61687

(l) The reappraisal guarantee under division (C) of section	61688
3317.04 of the Revised Code;	61689

(m) The charge-off supplement under section 3317.0216 of the	61690
Revised Code;	61691

(n) Transitional aid under Section 206.09.39 of Am. Sub. H.B.	61692
66 of the 126th General Assembly, as subsequently amended.	61693

(2) Subject to divisions (B)(3) and (C) of this section, the	61694
transitional aid guarantee base for each city, local, and exempted	61695
village school district for fiscal year 2009 equals the sum of the	61696
following as computed for fiscal year 2008, as reconciled by the	61697
Department:	61698

(a) Base-cost funding under division (A) of section 3317.022	61699
of the Revised Code;	61700

(b) Special education and related services additional	61701
weighted funding under division (C)(1) of section 3317.022 of the	61702
Revised Code;	61703

(c) Speech services funding under division (C)(4) of section	61704
3317.022 of the Revised Code;	61705

(d) Vocational education additional weighted funding under	61706
division (E) of section 3317.022 of the Revised Code;	61707

(e) GRADS funding under division (N) of section 3317.024 of	61708
the Revised Code;	61709

(f) Adjustments for classroom teachers and educational	61710
service personnel under divisions (B), (C), and (D) of section	61711
3317.023 of the Revised Code;	61712

(g) Gifted education units under division (L) of section	61713
3317.024 and section 3317.05 of the Revised Code;	61714

(h) Transportation under the section of this act entitled	61715
"PUPIL TRANSPORTATION";	61716

(i) The excess cost supplement under division (F) of section	61717
3317.022 of the Revised Code;	61718

(j) The charge-off supplement under section 3317.0216 of the	61719
Revised Code;	61720

(k) Transitional aid under this section.

61721

(3) The SF-3 funding for each fiscal year for each district	61722
is the sum of the amounts specified in divisions (B)(2)(a) to (k)	61723
of this section less any general revenue fund spending reductions	61724
ordered by the Governor under section 126.05 of the Revised Code.	61725

(C)(1) Notwithstanding any other provision of law to the	61726
contrary, only for purposes of this section, for any computation	61727
or computed value for previous fiscal years, the Department of	61728
Education shall substitute "ADM value" for "formula ADM," as the	61729
latter term was defined in law in effect for the fiscal year for	61730
which the previous computations were made.	61731

(2) As used in division (C) of this section, "ADM value"	61732
means the number of students reported by the entity providing	61733
educational services to those students, as follows:	61734

(a) In the case of students receiving educational services	61735
from a city, exempted village, or local school district, the	61736
number reported under division (B) of section 3317.03 of the	61737
Revised Code;	61738

(b) In the case of students receiving educational services	61739
from a joint vocational school district, the number reported under	61740
division (D)(2) of section 3317.03 of the Revised Code;	61741

(c) In the case of students receiving services from a	61742
community school, the number reported by the community school's	61743
governing authority under division (B)(2) of section 3314.08 of	61744
the Revised Code;	61745

(d) In the case of scholarship students receiving services	61746
from a chartered nonpublic school under a scholarship program	61747
pursuant to Chapter 3310. of the Revised Code, the number of such	61748
students reported by the nonpublic school in accordance with	61749
reporting requirements adopted by the Department for purposes of	61750
that program.	61751

Section 269.30.90. TRANSITIONAL AID FOR JOINT VOCATIONAL	61752
SCHOOL DISTRICTS	61753

(A) The Department of Education shall distribute funds within	61754
appropriation item 200-550, Foundation Funding, for transitional	61755
aid in each fiscal year to each joint vocational school district	61756
that experiences a decrease in its joint vocational funding for	61757
the current fiscal year from the previous fiscal year. The	61758
Department shall distribute to each such district transitional aid	61759
in an amount equal to the decrease in the district's joint	61760
vocational funding from the previous fiscal year.	61761

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	61762
district's joint vocational funding equals the sum of the	61763
following:	61764

(a) Base-cost funding under division (B) of section 3317.16	61765
of the Revised Code;	61766

(b) Special education and related services additional	61767
weighted funding under division (D)(1) of section 3317.16 of the	61768
Revised Code;	61769

(c) Speech services funding under division (D)(2) of section	61770
3317.16 of the Revised Code;	61771

(d) Vocational education additional weighted funding under	61772
division (C) of section 3317.16 of the Revised Code;	61773

(e) GRADS funding under division (N) of section 3317.024 of	61774
the Revised Code.	61775

(2) For purposes of calculating transitional aid for fiscal	61776
year 2008, a district's fiscal year 2007 joint vocational funding	61777
is the sum of the amounts described in divisions (B)(1)(a) to (e)	61778
of this section, plus any transitional aid computed for the	61779
district under Section 206.09.42 of Am. Sub. H.B. 66 of the 126th	61780
General Assembly, as subsequently amended, as reconciled by the	61781
Department. For purposes of calculating transitional aid for	61782
fiscal year 2009, a district's fiscal year 2008 joint vocational	61783
funding is the sum of the amounts described in divisions (B)(1)(a)	61784
to (e) of this section, plus any transitional aid computed for the	61785
district under this section, as reconciled by the Department.	61786

(3) The joint vocational funding for each fiscal year for	61787
each district is the sum of the amounts specified in divisions	61788
(B)(1)(a) to (e) and (B)(2) of this section less any general	61789
revenue fund spending reductions ordered by the Governor under	61790
section 126.05 of the Revised Code.	61791

Section 269.40.10. LITERACY IMPROVEMENT-CLASSROOM GRANTS

61792

The foregoing appropriation item 200-566, Literacy	61793
Improvement-Classroom Grants, shall be disbursed by the Department	61794
of Education to provide reading improvement grants to public	61795
schools in city, local, and exempted village school districts;	61796
community schools; and educational service centers serving	61797
kindergarten through twelfth grade students to help struggling	61798
students improve their reading skills, improve reading outcomes in	61799
low-performing schools, and help close achievement gaps.	61800

VIOLENCE PREVENTION AND SCHOOL SAFETY

61801

Of the foregoing appropriation item 200-578, Violence	61802
Prevention and School Safety, up to $224,250 in each fiscal year	61803
shall be used to fund a safe school center to provide resources	61804
for parents and for school and law enforcement personnel.	61805

The remainder of the appropriation shall be distributed based	61806
on guidelines developed by the Department of Education to enhance	61807
school safety. The guidelines shall provide a list of	61808
research-based best practices and programs from which local	61809
grantees shall select based on local needs. These practices shall	61810
include, but not be limited to, school resource officers and safe	61811
and drug free school coordinators and social-emotional development	61812
programs.	61813

Section 269.40.20. PROPERTY TAX ALLOCATION - EDUCATION

61814

The Superintendent of Public Instruction shall not request,	61815
and the Controlling Board shall not approve, the transfer of funds	61816
from appropriation item 200-901, Property Tax Allocation -	61817
Education, to any other appropriation item.	61818

The appropriation item 200-901, Property Tax Allocation -	61819
Education, is appropriated to pay for the state's costs incurred	61820
because of the homestead exemption and the property tax rollback.	61821
In cooperation with the Department of Taxation, the Department of	61822
Education shall distribute these funds directly to the appropriate	61823
school districts of the state, notwithstanding sections 321.24 and	61824
323.156 of the Revised Code, which provide for payment of the	61825
homestead exemption and property tax rollback by the Tax	61826
Commissioner to the appropriate county treasurer and the	61827
subsequent redistribution of these funds to the appropriate local	61828
taxing districts by the county auditor.	61829

Appropriation item 200-906, Tangible Tax Exemption -	61830
Education, is appropriated to pay for the state's costs incurred	61831
because of the tangible personal property tax exemption required	61832
by division (C)(3) of section 5709.01 of the Revised Code. In	61833
cooperation with the Department of Taxation, the Department of	61834
Education shall distribute to each county treasurer the total	61835
amount appearing in the notification from the county treasurer	61836
under division (G) of section 321.24 of the Revised Code, for all	61837
school districts located in the county, notwithstanding section	61838
321.24 of the Revised Code insofar as it provides for payment of	61839
the $10,000 tangible personal property tax exemption by the Tax	61840
Commissioner to the appropriate county treasurer for all local	61841
taxing districts located in the county. Pursuant to division (G)	61842
of section 321.24 of the Revised Code, the county auditor shall	61843
distribute the amount paid by the Department of Education among	61844
the appropriate school districts.	61845

Upon receipt of these amounts, each school district shall	61846
distribute the amount among the proper funds as if it had been	61847
paid as real or tangible personal property taxes. Payments for the	61848
costs of administration shall continue to be paid to the county	61849
treasurer and county auditor as provided for in sections 319.54,	61850
321.26, and 323.156 of the Revised Code.	61851

Any sums, in addition to the amounts specifically	61852
appropriated in appropriation items 200-901, Property Tax	61853
Allocation - Education, for the homestead exemption and the	61854
property tax rollback payments, and 200-906, Tangible Tax	61855
Exemption - Education, for the $10,000 tangible personal property	61856
tax exemption payments, which are determined to be necessary for	61857
these purposes, are hereby appropriated.	61858

Section 269.40.30. TEACHER CERTIFICATION AND LICENSURE

61859

The foregoing appropriation item 200-681, Teacher	61860
Certification and Licensure, shall be used by the Department of	61861
Education in each year of the biennium to administer and support	61862
teacher certification and licensure activities.	61863

SCHOOL DISTRICT SOLVENCY ASSISTANCE

61864

Of the foregoing appropriation item 200-687, School District	61865
Solvency Assistance, $9,000,000 in each fiscal year shall be	61866
allocated to the School District Shared Resource Account and	61867
$9,000,000 in each fiscal year shall be allocated to the	61868
Catastrophic Expenditures Account. These funds shall be used to	61869
provide assistance and grants to school districts to enable them	61870
to remain solvent under section 3316.20 of the Revised Code.	61871
Assistance and grants shall be subject to approval by the	61872
Controlling Board. Any required reimbursements from school	61873
districts for solvency assistance shall be made to the appropriate	61874
account in the School District Solvency Assistance Fund (Fund	61875
5H3).	61876

Notwithstanding any provision of law to the contrary, upon	61877
the request of the Superintendent of Public Instruction, the	61878
Director of Budget and Management may make transfers to the School	61879
District Solvency Assistance Fund (Fund 5H3) from any Department	61880
of Education-administered fund or the General Revenue Fund to	61881
maintain sufficient cash balances in the School District Solvency	61882
Assistance Fund (Fund 5H3) in fiscal years 2008 and 2009. Any	61883
funds transferred are hereby appropriated. The transferred funds	61884
may be used by the Department of Education to provide assistance	61885
and grants to school districts to enable them to remain solvent	61886
and to pay unforeseeable expenses of a temporary or emergency	61887
nature that the school district is unable to pay from existing	61888
resources. The Director of Budget and Management shall notify the	61889
members of the Controlling Board of any such transfers.	61890

Section 269.40.40. READING FIRST

61891

The foregoing appropriation item 200-632, Reading First,	61892
shall be used by school districts to administer federal diagnostic	61893
tests as well as other functions permitted by federal statute.	61894
Notwithstanding section 3301.079 of the Revised Code, federal	61895
diagnostic tests may be recognized as meeting the state diagnostic	61896
testing requirements outlined in section 3301.079 of the Revised	61897
Code.	61898

HALF-MILL MAINTENANCE EQUALIZATION

61899

The foregoing appropriation item 200-626, Half-Mill	61900
Maintenance Equalization, shall be used to make payments pursuant	61901
to section 3318.18 of the Revised Code.	61902

Section 269.40.50. START-UP FUNDS

61903

Funds appropriated for the purpose of providing start-up	61904
grants to Title IV-A Head Start and Title IV-A Head Start Plus	61905
agencies in fiscal year 2004 and fiscal year 2005 for the	61906
provision of services to children eligible for Title IV-A services	61907
under the Title IV-A Head Start or Title IV-A Head Start Plus	61908
programs shall be reimbursed to the General Revenue Fund as	61909
follows:	61910

(A) If, for fiscal year 2008, an entity that was a Title IV-A	61911
Head Start or Title IV-A Head Start Plus agency will not be an	61912
early learning agency or early learning provider, the entity shall	61913
repay the entire amount of the start-up grant it received in	61914
fiscal year 2004 and fiscal year 2005 not later than June 30,	61915
2009, in accordance with a payment schedule agreed to by the	61916
Department of Education.	61917

(B) If an entity that was a Title IV-A Head Start or Title	61918
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	61919
2005 will be an early learning agency or early learning provider	61920
in fiscal year 2008 and fiscal year 2009, the entity shall be	61921
allowed to retain any amount of the start-up grant it received.	61922

(C) Within ninety days after the effective date of this	61923
section, the Title IV-A Head Start agencies, Title IV-A Head Start	61924
Plus agencies, and the Department of Education shall determine the	61925
repayment schedule for amounts owed under division (A) of this	61926
section. These amounts shall be paid to the state not later than	61927
June 30, 2009.	61928

(D) If an entity that was a Title IV-A Head Start or Title	61929
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	61930
2005 owed the state any portion of the start-up grant amount	61931
during fiscal year 2006 or fiscal year 2007 but failed to repay	61932
the entire amount of the obligation by June 30, 2007, the entity	61933
shall be given an extension for repayment through June 30, 2009,	61934
before any amounts remaining due and payable to the state are	61935
referred to the Attorney General for collection under section	61936
131.02 of the Revised Code.	61937

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	61938
start-up grants that are retained by early learning agencies or	61939
early learning providers pursuant to this section shall be	61940
reimbursed to the General Revenue Fund when the early learning	61941
program ceases or is no longer funded from Title IV-A or if an	61942
early learning agency's or early learning provider's participation	61943
in the early learning program ceases or is terminated.	61944

Section 269.40.60. AUXILIARY SERVICES REIMBURSEMENT

61945

Notwithstanding section 3317.064 of the Revised Code, if the	61946
unobligated cash balance is sufficient, the Treasurer of State	61947
shall transfer $1,500,000 in fiscal year 2008 within thirty days	61948
after the effective date of this section, and $1,500,000 in fiscal	61949
year 2009 by August 1, 2008, from the Auxiliary Services Personnel	61950
Unemployment Compensation Fund to the Department of Education's	61951
Auxiliary Services Reimbursement Fund (Fund 598).	61952

Section 269.40.70. LOTTERY PROFITS EDUCATION FUND

61953

Appropriation item 200-612, Foundation Funding (Fund 017),	61954
shall be used in conjunction with appropriation item 200-550,	61955
Foundation Funding (GRF), to provide payments to school districts	61956
under Chapter 3317. of the Revised Code.	61957

The Department of Education, with the approval of the	61958
Director of Budget and Management, shall determine the monthly	61959
distribution schedules of appropriation item 200-550, Foundation	61960
Funding (GRF), and appropriation item 200-612, Foundation Funding	61961
(Fund 017). If adjustments to the monthly distribution schedule	61962
are necessary, the Department of Education shall make such	61963
adjustments with the approval of the Director of Budget and	61964
Management.	61965

The Director of Budget and Management shall transfer via	61966
intrastate transfer voucher the amount appropriated under the	61967
Lottery Profits Education Fund for appropriation item 200-682,	61968
Lease Rental Payment Reimbursement, to the General Revenue Fund on	61969
a schedule determined by the director. These funds shall support	61970
the appropriation item 230-428, Lease Rental Payments (GRF), of	61971
the School Facilities Commission.	61972

Section 269.40.80. LOTTERY PROFITS EDUCATION RESERVE FUND

61973

(A) There is hereby created the Lottery Profits Education	61974
Reserve Fund (Fund 018) in the State Treasury. Investment earnings	61975
of the Lottery Profits Education Reserve Fund shall be credited to	61976
the fund. The Superintendent of Public Instruction may certify	61977
cash balances exceeding $75,000,000 in the Lottery Profits	61978
Education Reserve Fund (Fund 018) to the Director of Budget and	61979
Management in June of any given fiscal year. Prior to making the	61980
certification, the Superintendent of Public Instruction shall	61981
determine whether the funds above the $75,000,000 threshold are	61982
needed to help pay for foundation program obligations for that	61983
fiscal year under Chapter 3317. of the Revised Code. If those	61984
funds are needed for the foundation program, the Superintendent of	61985
Public Instruction shall notify and consult with the Director of	61986
Budget and Management to determine the amount that may be	61987
transferred to the Public School Building Fund (Fund 021). Upon	61988
this determination, the Director of Budget and Management shall	61989
transfer the amount from the Lottery Profits Education Reserve	61990
Fund (Fund 018) to the Public School Building Fund (Fund 021). The	61991
amount transferred is hereby appropriated to appropriation item	61992
CAP-622, Public School Buildings.	61993

For fiscal years 2008 and 2009, notwithstanding any	61994
provisions of law to the contrary, amounts necessary to make loans	61995
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	61996
Revised Code are hereby appropriated to the Lottery Profits	61997
Education Reserve Fund (Fund 018). Loan repayments from loans made	61998
in previous years shall be deposited to the fund.	61999

(B) On July 15, 2007, or as soon as possible thereafter, the	62000
Director of the Ohio Lottery Commission shall certify to the	62001
Director of Budget and Management the amount by which lottery	62002
profit transfers received by the Lottery Profits Education Fund	62003
(Fund 017) exceeded $637,900,000 in fiscal year 2007. The	62004
Director of Budget and Management shall transfer the amount so	62005
certified, plus the cash balance in Fund 017, to the General	62006
Revenue Fund to support appropriation item 200-550, Foundation	62007
Funding.	62008

(C) On July 15, 2008, or as soon as possible thereafter, the	62009
Director of the Ohio Lottery Commission shall certify to the	62010
Director of Budget and Management the amount by which lottery	62011
profit transfers received by the Lottery Profits Education Fund	62012
(Fund 017) exceeded $657,900,000 in fiscal year 2008. The Director	62013
of Budget and Management may transfer the amount so certified,	62014
plus the cash balance in Fund 017, to the Lottery Profits	62015
Education Reserve Fund (Fund 018) or to the General Revenue Fund	62016
to support appropriation item 200-550, Foundation Funding.	62017

(D) Any amounts transferred under division (B) or (C) of this	62018
section may be made available by the Controlling Board in fiscal	62019
years 2008 or 2009, at the request of the Superintendent of Public	62020
Instruction, to provide assistance and grants to school districts	62021
to enable them to remain solvent and to pay unforeseeable expenses	62022
of a temporary or emergency nature that they are unable to pay	62023
from existing resources under section 3316.20 of the Revised Code,	62024
and to provide payments to school districts under Chapter 3317. of	62025
the Revised Code.	62026

Section 269.40.90. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	62027
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 047)	62028

Notwithstanding any provision of law to the contrary, in	62029
fiscal year 2008 and fiscal year 2009 the Director of Budget and	62030
Management may make temporary transfers between the General	62031
Revenue Fund and the School District Property Tax Replacement –	62032
Business Fund (Fund 047) in the Department of Education to ensure	62033
sufficient balances in the School District Property Tax	62034
Replacement - Business Fund (Fund 047) and to replenish the	62035
General Revenue Fund for such transfers.	62036

Section 269.50.10. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	62037
BUSINESS	62038

The foregoing appropriation item, 200-909, School District	62039
Property Tax Replacement – Business, in Fund 047, shall be used by	62040
the Department of Education, in consultation with the Department	62041
of Taxation, to make payments to school districts and joint	62042
vocational school districts under section 5751.21 of the Revised	62043
Code. If it is determined by the Director of Budget and Management	62044
that additional appropriations are necessary for this purpose,	62045
such amounts are hereby appropriated.	62046

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

62047

The foregoing appropriation item 200-900, School District	62048
Property Tax Replacement-Utility, in Fund 053, shall be used by	62049
the Department of Education, in consultation with the Department	62050
of Taxation, to make payments to school districts and joint	62051
vocational school districts under section 5727.85 of the Revised	62052
Code.	62053

Section 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

62054

(A) As used in this section:

62055

(1) "Internet- or computer-based community school" has the	62056
same meaning as in section 3314.02 of the Revised Code.	62057

(2) "Service center ADM" has the same meaning as in section	62058
3317.11 of the Revised Code.	62059

(B) Notwithstanding division (F) of section 3317.11 of the	62060
Revised Code, no funds shall be provided under that division to an	62061
educational service center in either fiscal year for any pupils of	62062
a city or exempted village school district unless an agreement to	62063
provide services under section 3313.843 of the Revised Code was	62064
entered into by January 1, 1997, except that funds shall be	62065
provided to an educational service center for any pupils of a city	62066
school district if the agreement to provide services was entered	62067
into within one year of the date upon which such district changed	62068
from a local school district to a city school district.	62069

(C) Notwithstanding any provision of the Revised Code to the	62070
contrary, an educational service center that sponsors a community	62071
school under Chapter 3314. of the Revised Code in either fiscal	62072
year may include the students of that community school in its	62073
service center ADM for purposes of state funding under division	62074
(F) of section 3317.11 of the Revised Code, unless the community	62075
school is an Internet- or computer-based community school. A	62076
service center shall include the community school students in its	62077
service center ADM only to the extent that the students are not	62078
already so included, and only in accordance with guidelines issued	62079
by the Department of Education. If the students of a community	62080
school sponsored by an educational service center are included in	62081
the service center ADM of another educational service center,	62082
those students shall be removed from the service center ADM of the	62083
other educational service center and added to the service center	62084
ADM of the community school's sponsoring service center. The	62085
General Assembly authorizes this procedure as an incentive for	62086
educational service centers to take over sponsorship of community	62087
schools from the State Board of Education as the State Board's	62088
sponsorship is phased out in accordance with Sub. H.B. 364 of the	62089
124th General Assembly. No student of an Internet- or	62090
computer-based community school shall be counted in the service	62091
center ADM of any educational service center. The Department shall	62092
pay educational service centers under division (F) of section	62093
3317.11 of the Revised Code for community school students included	62094
in their service center ADMs under this division only if	62095
sufficient funds earmarked within appropriation item 200-550,	62096
Foundation Funding, for payments under that division remain after	62097
first paying for students attributable to their local and client	62098
school districts, in accordance with divisions (B) and (D) of this	62099
section.	62100

(D) If insufficient funds are earmarked within appropriation	62101
item 200-550, Foundation Funding, for payments under division (F)	62102
of section 3317.11 of the Revised Code and division (C) of this	62103
section in fiscal year 2008 or fiscal year 2009, the Department	62104
shall prioritize the distribution of the earmarked funds as	62105
follows:	62106

(1) The Department shall first distribute to each educational	62107
service center the per-student amount specified in division (F) of	62108
section 3317.11 of the Revised Code for each student in its	62109
service center ADM attributable to the local school districts	62110
within the service center's territory.	62111

(2) The Department shall distribute the remaining funds in	62112
each fiscal year to each educational service center for the	62113
students in its service center ADM attributable to each city and	62114
exempted village school district that had entered into an	62115
agreement with an educational service center for that fiscal year	62116
under section 3313.843 of the Revised Code by January 1, 1997, up	62117
to the per-student amount specified in division (F) of section	62118
3317.11 of the Revised Code. If insufficient funds remain to pay	62119
each service center the full amount specified in division (F) of	62120
that section for each such student, the Department shall	62121
distribute the remaining funds to each service center	62122
proportionally, on a per-student basis for each such student,	62123
unless that proportional per-student amount exceeds the amount	62124
specified in division (F)(1) of that section. In that case, the	62125
Department shall distribute the per-student amount specified in	62126
division (F)(1) of that section to each service center for each	62127
such student and shall distribute the remainder proportionally, on	62128
a per-student basis for each such student, to the multi-county	62129
service centers described in division (F)(2) of that section.	62130

(3) If the Department has paid each service center under	62131
divisions (D)(1) and (2) of this section, the full amount	62132
specified in division (F) of section 3317.11 of the Revised Code	62133
for each student attributable to its local school districts and	62134
its client school districts described in division (D)(2) of this	62135
section the Department shall distribute any remaining funds	62136
proportionally, on a per-student basis, to each service center	62137
that sponsors a community school, other than an Internet- or	62138
computer-based community school, for the students included in the	62139
service center ADM under division (C) of this section. These	62140
payments shall not exceed per student the amount specified in	62141
division (F) of section 3317.11 of the Revised Code.	62142

* Section 269.50.40. For the school year commencing July 1,	62143
2007, or the school year commencing July 1, 2008, or both, the	62144
Superintendent of Public Instruction may waive for the board of	62145
education of any school district the ratio of teachers to pupils	62146
in kindergarten through fourth grade required under paragraph	62147
(A)(3) of rule 3301-35-05 of the Administrative Code if the	62148
following conditions apply:	62149

(A) The board of education requests the waiver.

62150

(B) After the Department of Education conducts an on-site	62151
evaluation of the district related to meeting the required ratio,	62152
the board of education demonstrates to the satisfaction of the	62153
Superintendent of Public Instruction that providing the facilities	62154
necessary to meet the required ratio during the district's regular	62155
school hours with pupils in attendance would impose an extreme	62156
hardship on the district.	62157

(C) The board of education provides assurances that are	62158
satisfactory to the Superintendent of Public Instruction that the	62159
board will act in good faith to meet the required ratio as soon as	62160
possible.	62161

Section 269.50.50. PRIVATE TREATMENT FACILITY PROJECT

62162

(A) As used in this section:

62163

(1) The following are "participating residential treatment	62164
centers":	62165

(a) Private residential treatment facilities that have	62166
entered into a contract with the Department of Youth Services to	62167
provide services to children placed at the facility by the	62168
Department and which, in fiscal year 2008 or fiscal year 2009 or	62169
both, the Department pays through appropriation item 470-401, Care	62170
and Custody;	62171

(b) Abraxas, in Shelby;

62172

62173

(d) Act One, in Akron;

62174

(e) Friars Club, in Cincinnati.

62175

(2) "Education program" means an elementary or secondary	62176
education program or a special education program and related	62177
services.	62178

(3) "Served child" means any child receiving an education	62179
program pursuant to division (B) of this section.	62180

(4) "School district responsible for tuition" means a city,	62181
exempted village, or local school district that, if tuition	62182
payment for a child by a school district is required under law	62183
that existed in fiscal year 1998, is the school district required	62184
to pay that tuition.	62185

(5) "Residential child" means a child who resides in a	62186
participating residential treatment center and who is receiving an	62187
educational program under division (B) of this section.	62188

(B) A youth who is a resident of the state and has been	62189
assigned by a juvenile court or other authorized agency to a	62190
residential treatment facility specified in division (A) of this	62191
section shall be enrolled in an approved educational program	62192
located in or near the facility. Approval of the educational	62193
program shall be contingent upon compliance with the criteria	62194
established for such programs by the Department of Education. The	62195
educational program shall be provided by a school district or	62196
educational service center, or by the residential facility itself.	62197
Maximum flexibility shall be given to the residential treatment	62198
facility to determine the provider. In the event that a voluntary	62199
agreement cannot be reached and the residential facility does not	62200
choose to provide the educational program, the educational service	62201
center in the county in which the facility is located shall	62202
provide the educational program at the treatment center to	62203
children under twenty-two years of age residing in the treatment	62204
center.	62205

(C) Any school district responsible for tuition for a	62206
residential child shall, notwithstanding any conflicting provision	62207
of the Revised Code regarding tuition payment, pay tuition for the	62208
child for fiscal year 2008 and fiscal year 2009 to the education	62209
program provider and in the amount specified in this division. If	62210
there is no school district responsible for tuition for a	62211
residential child and if the participating residential treatment	62212
center to which the child is assigned is located in the city,	62213
exempted village, or local school district that, if the child were	62214
not a resident of that treatment center, would be the school	62215
district where the child is entitled to attend school under	62216
sections 3313.64 and 3313.65 of the Revised Code, that school	62217
district, notwithstanding any conflicting provision of the Revised	62218
Code, shall pay tuition for the child for fiscal year 2008 and	62219
fiscal year 2009 under this division unless that school district	62220
is providing the educational program to the child under division	62221
(B) of this section.	62222

A tuition payment under this division shall be made to the	62223
school district, educational service center, or residential	62224
treatment facility providing the educational program to the child.	62225

The amount of tuition paid shall be:

62226

(1) The amount of tuition determined for the district under	62227
division (A) of section 3317.08 of the Revised Code;	62228

(2) In addition, for any student receiving special education	62229
pursuant to an individualized education program as defined in	62230
section 3323.01 of the Revised Code, a payment for excess costs.	62231
This payment shall equal the actual cost to the school district,	62232
educational service center, or residential treatment facility of	62233
providing special education and related services to the student	62234
pursuant to the student's individualized education program, minus	62235
the tuition paid for the child under division (C)(1) of this	62236
section.	62237

A school district paying tuition under this division shall	62238
not include the child for whom tuition is paid in the district's	62239
average daily membership certified under division (A) of section	62240
3317.03 of the Revised Code.	62241

(D) In each of fiscal years 2008 and 2009, the Department of	62242
Education shall reimburse, from appropriations made for the	62243
purpose, a school district, educational service center, or	62244
residential treatment facility, whichever is providing the	62245
service, that has demonstrated that it is in compliance with the	62246
funding criteria for each served child for whom a school district	62247
must pay tuition under division (C) of this section. The amount of	62248
the reimbursement shall be the formula amount specified in section	62249
3317.022 of the Revised Code, except that the department shall	62250
proportionately reduce this reimbursement if sufficient funds are	62251
not available to pay this amount to all qualified providers.	62252

(E) Funds provided to a school district, educational service	62253
center, or residential treatment facility under this section shall	62254
be used to supplement, not supplant, funds from other public	62255
sources for which the school district, service center, or	62256
residential treatment facility is entitled or eligible.	62257

(F) The Department of Education shall track the utilization	62258
of funds provided to school districts, educational service	62259
centers, and residential treatment facilities under this section	62260
and monitor the effect of the funding on the educational programs	62261
they provide in participating residential treatment facilities.	62262
The department shall monitor the programs for educational	62263
accountability.	62264

Section 269.50.60. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	62265
ASSESSMENT OF EDUCATION PROGRESS	62266

The General Assembly intends for the Superintendent of Public	62267
Instruction to provide for school district participation in the	62268
administration of the National Assessment of Education Progress in	62269
accordance with section 3301.27 of the Revised Code. Each school	62270
and school district selected for participation by the	62271
Superintendent of Public Instruction shall participate.	62272

Section 269.50.70. DEPARTMENT OF EDUCATION APPROPRIATION	62273
TRANSFERS FOR STUDENT ASSESSMENT	62274

In fiscal year 2008 and fiscal year 2009, if the	62275
Superintendent of Public Instruction determines that additional	62276
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	62277
of the 125th General Assembly and this act for assessments of	62278
student performance, the Superintendent of Public Instruction may	62279
recommend the reallocation of unspent and unencumbered	62280
appropriations within the Department of Education to the General	62281
Revenue Fund appropriation item 200-437, Student Assessment, to	62282
the Director of Budget and Management. If the Director of Budget	62283
and Management determines that such a reallocation is required,	62284
the Director of Budget and Management may transfer unspent and	62285
unencumbered funds within the Department of Education as necessary	62286
to appropriation item 200-437, Student Assessment. If these	62287
unspent and unencumbered funds are not sufficient to fully fund	62288
the assessment requirements in fiscal year 2008 or fiscal year	62289
2009, the Superintendent of Public Instruction may request that	62290
the Controlling Board transfer up to $9,000,000 cash from the	62291
Lottery Profits Education Reserve Fund (Fund 018) to the General	62292
Revenue Fund and appropriate these transferred funds to	62293
appropriation item 200-437, Student Assessment.	62294

Section 269.50.80. (A) As used in this section:

62295

(1) "IEP" has the same meaning as in section 3314.08 of the	62296
Revised Code.	62297

(2) "SBH student" means a student receiving special education	62298
and related services for severe behavior handicap conditions	62299
pursuant to an IEP.	62300

(B) This section applies only to a community school	62301
established under Chapter 3314. of the Revised Code that in each	62302
of fiscal years 2008 and 2009 enrolls a number of SBH students	62303
equal to at least fifty per cent of the total number of students	62304
enrolled in the school in the applicable fiscal year.	62305

(C) In addition to any payments made under section 3314.08 of	62306
the Revised Code, in each of fiscal years 2008 and 2009, the	62307
Department of Education shall pay to a community school to which	62308
this section applies a subsidy equal to the difference between the	62309
aggregate amount calculated and paid in that fiscal year to the	62310
community school for special education and related services	62311
additional weighted costs for the SBH students enrolled in the	62312
school and the aggregate amount that would have been calculated	62313
for the school for special education and related services	62314
additional weighted costs for those same students in fiscal year	62315
2001. If the difference is a negative number, the amount of the	62316
subsidy shall be zero.	62317

(D) The amount of any subsidy paid to a community school	62318
under this section shall not be deducted from the school district	62319
in which any of the students enrolled in the community school are	62320
entitled to attend school under section 3313.64 or 3313.65 of the	62321
Revised Code. The amount of any subsidy paid to a community school	62322
under this section shall be paid from funds appropriated to the	62323
Department of Education in appropriation item 200-550, Foundation	62324
Funding.	62325

Section 269.50.90. EARMARK ACCOUNTABILITY

62326

At the request of the Superintendent of Public Instruction,	62327
any entity that receives a budget earmark under the Department of	62328
Education shall submit annually to the chairpersons of the	62329
committees of the House of Representatives and the Senate	62330
primarily concerned with education and to the Department of	62331
Education a report that includes a description of the services	62332
supported by the funds, a description of the results achieved by	62333
those services, an analysis of the effectiveness of the program,	62334
and an opinion as to the program's applicability to other school	62335
districts. For an earmarked entity that received state funds from	62336
an earmark in the prior fiscal year, no funds shall be provided by	62337
the Department of Education to an earmarked entity for a fiscal	62338
year until its report for the prior fiscal year has been	62339
submitted.	62340

Section 269.60.10. No community school established under	62341
Chapter 3314. of the Revised Code that was not open for operation	62342
as of May 1, 2005, shall operate from a home, as defined in	62343
section 3313.64 of the Revised Code.	62344

Section 269.60.30. PLAN TO MOVE ADULT EDUCATION PROGRAMS TO	62345
BOARD OF REGENTS	62346

The Board of Regents shall work collaboratively with the	62347
Department of Education to identify adult and career-technical	62348
education programs that shall be transferred to the Board of	62349
Regents. The Chancellor of the Board of Regents shall work in	62350
consultation with the Department and the various identified	62351
programs to develop a plan by July 1, 2008, for the transfer that	62352
benefits adult learners by preserving points of access, increasing	62353
opportunities, maintaining affordability, and creating a system of	62354
uniform quality with the ability to earn credit. The transfer	62355
shall be completed by January 1, 2009. The purpose of this	62356
programmatic transfer is to better align and maximize the strength	62357
and flexibility of the full array of Ohio adult workforce	62358
education assets to improve the overall quality of adult education	62359
and training program course and training offerings in order to	62360
increase the skills and improve the employment prospects of	62361
adults.	62362

On or after January 1, 2009, notwithstanding any provision of	62363
law to the contrary, the Director of Budget and Management may	62364
take the actions described in this section made necessary by the	62365
movement of adult education and career programs from the	62366
Department of Education to the Board of Regents. These actions may	62367
include budget changes made necessary by administrative	62368
reorganization, program transfers, the creation of new funds, the	62369
creation of new appropriation items, and the consolidation of	62370
funds. The Director may transfer cash balances between funds as	62371
needed. At the request of the Director, the Superintendent of	62372
Public Instruction shall certify to the Director an estimate of	62373
the amount of the cash balance to be transferred to the receiving	62374
fund. The Director may transfer the estimated amount to the Board	62375
of Regents when needed to make payments. Not more than thirty days	62376
after certifying the estimated amount, the Superintendent of	62377
Public Instruction shall certify the final amount to the Director.	62378
The Director then shall transfer the difference between any amount	62379
previously transferred and the certified final amount. The	62380
Director may cancel encumbrances and re-establish encumbrances or	62381
parts of encumbrances as needed in the appropriate fund and	62382
appropriation item for the same purpose and to the same vendor.	62383
The funds necessary to re-establish those encumbrances in a	62384
different fund or appropriation item within or between the Board	62385
of Regents and the Department of Education are hereby	62386
appropriated. The Director shall reduce each year's appropriation	62387
balances by the amount of the encumbrances canceled in their	62388
respective funds and appropriation items. Any fiscal year 2008	62389
unencumbered or unallocated appropriation balances may be	62390
transferred to the appropriate item to be used for the same	62391
purposes, as determined by the Director.	62392

Section 269.60.35. STUDY OF EXPANDING AUTISM SCHOLARSHIP	62393
PROGRAM	62394

Not later than December 31, 2008, the Department of Education	62395
shall conduct a study and submit written recommendations to the	62396
General Assembly, in accordance with section 101.68 of the Revised	62397
Code, regarding ways to expand the Autism Scholarship Program,	62398
established in section 3310.41 of the Revised Code, to students	62399
identified with disabilities other than autism.	62400

Section 269.60.60. UNAUDITABLE COMMUNITY SCHOOL

62401

(A) If the Auditor of State or a public accountant, pursuant	62402
to section 117.41 of the Revised Code, declares a community school	62403
established under Chapter 3314. of the Revised Code to be	62404
unauditable, the Auditor of State shall provide written	62405
notification of that declaration to the school, the school's	62406
sponsor, and the Department of Education. The Auditor of State	62407
also shall post the notification on the Auditor of State's web	62408
site.	62409

(B) Notwithstanding any provision to the contrary in Chapter	62410
3314. of the Revised Code or any other provision of law, a sponsor	62411
of a community school that is notified by the Auditor of State	62412
under division (A) of this section that a community school it	62413
sponsors is unauditable shall not enter into contracts with any	62414
additional community schools under section 3314.03 of the Revised	62415
Code until the Auditor of State or a public accountant has	62416
completed a financial audit of that school.	62417

(C) Not later than forty-five days after receiving	62418
notification by the Auditor of State under division (A) of this	62419
section that a community school is unauditable, the sponsor of the	62420
school shall provide a written response to the Auditor of State.	62421
The response shall include the following:	62422

(1) An overview of the process the sponsor will use to review	62423
and understand the circumstances that led to the community school	62424
becoming unauditable;	62425

(2) A plan for providing the Auditor of State with the	62426
documentation necessary to complete an audit of the community	62427
school and for ensuring that all financial documents are available	62428
in the future;	62429

(3) The actions the sponsor will take to ensure that the plan	62430
described in division (C)(2) of this section is implemented.	62431

(D) If a community school fails to make reasonable efforts	62432
and continuing progress to bring its accounts, records, files, or	62433
reports into an auditable condition within ninety days after being	62434
declared unauditable, the Auditor of State, in addition to	62435
requesting legal action under sections 117.41 and 117.42 of the	62436
Revised Code, shall notify the Department of the school's failure.	62437
If the Auditor of State or a public accountant subsequently is	62438
able to complete a financial audit of the school, the Auditor of	62439
State shall notify the Department that the audit has been	62440
completed.	62441

(E) Notwithstanding any provision to the contrary in Chapter	62442
3314. of the Revised Code or any other provision of law, upon	62443
notification by the Auditor of State under division (D) of this	62444
section that a community school has failed to make reasonable	62445
efforts and continuing progress to bring its accounts, records,	62446
files, or reports into an auditable condition following a	62447
declaration that the school is unauditable, the Department shall	62448
immediately cease all payments to the school under Chapter 3314.	62449
of the Revised Code and any other provision of law. Upon	62450
subsequent notification from the Auditor of State under that	62451
division that the Auditor of State or a public accountant was able	62452
to complete a financial audit of the community school, the	62453
Department shall release all funds withheld from the school under	62454
this section.	62455

Section 269.60.70. Notwithstanding division (B) of section	62456
3317.01 of the Revised Code, no joint vocational school district	62457
shall be denied state payments for fiscal year 2008 because the	62458
school district's career center was open for instruction during	62459
fiscal year 2007 for fewer days than required by sections 3313.48,	62460
3313.481, and 3317.01 of the Revised Code, if the number of days	62461
the career center was closed in the 2006-2007 school year in	62462
excess of the number of days it is permitted to be closed for a	62463
public calamity under division (B) of section 3317.01 of the	62464
Revised Code does not exceed the number of days in May 2007 in	62465
which the district closed the career center due to fire damage and	62466
cancelled instruction to prepare alternate facilities for	62467
instruction.	62468

Section 269.60.80. Not later than October 31, 2007, each	62469
school district, community school established under Chapter 3314.	62470
of the Revised Code, and chartered nonpublic school shall report	62471
to the Department of Education, in a manner prescribed by the	62472
Department, the number of minutes per week and the number of	62473
classes per week of physical education provided to students in	62474
each of grades kindergarten through eight in the 2006-2007 school	62475
year and scheduled to be provided to students in each of those	62476
grades in the 2007-2008 school year.	62477

Section 269.60.90. If a school district erroneously reported	62478
data to the Education Management Information System established	62479
under section 3301.0714 of the Revised Code that showed a zero per	62480
cent graduation rate for the 2005-2006 school year for the	62481
district or any building in the district and the district notified	62482
the Department of Education of the error not later than June 30,	62483
2007, the Department shall allow the district to report a	62484
corrected graduation rate for that school year and shall include	62485
the corrected graduation rate on the August 2007 report card	62486
issued for the district and any affected building under section	62487
3302.03 of the Revised Code.	62488

Section 271.10. ELC OHIO ELECTIONS COMMISSION

62489

General Revenue Fund

62490

GRF	051-321		Operating Expenses		$	411,623		$	423,975		62491
TOTAL GRF General Revenue Fund					$	411,623		$	423,975		62492

General Services Fund Group

62493

4P2	051-601	Ohio Elections					62494
		Commission Fund	$	255,000	$	255,000	62495
TOTAL GSF General Services Fund Group			$	255,000	$	255,000	62496
TOTAL ALL BUDGET FUND GROUPS			$	666,623	$	678,975	62497

Section 273.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	62499
DIRECTORS	62500

General Services Fund Group

62501

4K9	881-609	Operating Expenses	$	628,641	$	646,602	62502
TOTAL GSF General Services							62503
Fund Group			$	628,641	$	646,602	62504
TOTAL ALL BUDGET FUND GROUPS			$	628,641	$	646,602	62505

Section 275.10. PAY EMPLOYEE BENEFITS FUNDS

62507

Accrued Leave Liability Fund Group

62508

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	62509
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	62510
TOTAL ALF Accrued Leave Liability							62511
Fund Group			$	109,689,273	$	115,348,625	62512

Agency Fund Group

62513

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	62514
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	62515
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	62516
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	62517
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	62518
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	62519
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	62520

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

62521

ACCRUED LEAVE LIABILITY FUND

62522

The foregoing appropriation item 995-666, Accrued Leave Fund,	62523
shall be used to make payments from the Accrued Leave Liability	62524
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	62525
If it is determined by the Director of Budget and Management that	62526
additional amounts are necessary, the amounts are appropriated.	62527

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

62528

The foregoing appropriation item 995-667, Disability Fund,	62529
shall be used to make payments from the State Employee Disability	62530
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	62531
Revised Code. If it is determined by the Director of Budget and	62532
Management that additional amounts are necessary, the amounts are	62533
appropriated.	62534

PAYROLL WITHHOLDING FUND

62535

The foregoing appropriation item 995-673, Payroll Deductions,	62536
shall be used to make payments from the Payroll Withholding Fund	62537
(Fund 124). If it is determined by the Director of Budget and	62538
Management that additional appropriation amounts are necessary,	62539
such amounts are hereby appropriated.	62540

STATE EMPLOYEE HEALTH BENEFIT FUND

62541

The foregoing appropriation item 995-668, State Employee	62542
Health Benefit Fund, shall be used to make payments from the State	62543
Employee Health Benefit Fund (Fund 808), pursuant to section	62544
124.87 of the Revised Code. If it is determined by the Director of	62545
Budget and Management that additional amounts are necessary, the	62546
amounts are appropriated.	62547

DEPENDENT CARE SPENDING ACCOUNT

62548

The foregoing appropriation item 995-669, Dependent Care	62549
Spending Account, shall be used to make payments from the	62550
Dependent Care Spending Account (Fund 809) to employees eligible	62551
for dependent care expenses. If it is determined by the Director	62552
of Budget and Management that additional amounts are necessary,	62553
the amounts are appropriated.	62554

LIFE INSURANCE INVESTMENT FUND

62555

The foregoing appropriation item 995-670, Life Insurance	62556
Investment Fund, shall be used to make payments from the Life	62557
Insurance Investment Fund (Fund 810) for the costs and expenses of	62558
the state's life insurance benefit program pursuant to section	62559
125.212 of the Revised Code. If it is determined by the Director	62560
of Budget and Management that additional amounts are necessary,	62561
the amounts are appropriated.	62562

PARENTAL LEAVE BENEFIT FUND

62563

The foregoing appropriation item 995-671, Parental Leave	62564
Benefit Fund, shall be used to make payments from the Parental	62565
Leave Benefit Fund (Fund 811) to employees eligible for parental	62566
leave benefits pursuant to section 124.137 of the Revised Code. If	62567
it is determined by the Director of Budget and Management that	62568
additional amounts are necessary, the amounts are appropriated.	62569

HEALTH CARE SPENDING ACCOUNT

62570

There is hereby established in the State Treasury the Health	62571
Care Spending Account Fund (Fund 813). The foregoing appropriation	62572
item 995-672, Health Care Spending Account, shall be used to make	62573
payments from the fund. The fund shall be under the supervision of	62574
the Department of Administrative Services and shall be used to	62575
make payments pursuant to state employees' participation in a	62576
flexible spending account for non-reimbursed health care expenses	62577
and pursuant to Section 125 of the Internal Revenue Code. All	62578
income derived from the investment of the fund shall accrue to the	62579
fund. If it is determined by the Director of Administrative	62580
Services that additional appropriation amounts are necessary, the	62581
Director of Administrative Services may request that the Director	62582
of Budget and Management increase such amounts. Such amounts are	62583
hereby appropriated.	62584

At the request of the Director of Administrative Services,	62585
the Director of Budget and Management shall transfer up to	62586
$145,000 from the General Revenue Fund to the Health Care Spending	62587
Account Fund during fiscal years 2008 and 2009. This cash shall be	62588
transferred as needed to provide adequate cash flow for the Health	62589
Care Spending Account Fund during fiscal year 2008 and fiscal year	62590
2009. If funds are available at the end of fiscal years 2008 and	62591
2009, the Director of Budget and Management shall transfer cash up	62592
to the amount previously transferred in the respective year, plus	62593
interest income, back from the Health Care Spending Account (Fund	62594
813) to the General Revenue Fund.	62595

Section 277.10. ERB STATE EMPLOYMENT RELATIONS BOARD

62596

General Revenue Fund

62597

GRF	125-321		Operating Expenses		$	3,218,803		$	3,355,602		62598
TOTAL GRF General Revenue Fund					$	3,218,803		$	3,355,602		62599

General Services Fund Group

62600

572	125-603	Training and Publications	$	75,541	$	75,541	62601
TOTAL GSF General Services							62602
Fund Group			$	75,541	$	75,541	62603
TOTAL ALL BUDGET FUND GROUPS			$	3,294,344	$	3,431,143	62604

Section 279.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

62606

General Services Fund Group

62607

4K9	892-609	Operating Expenses	$	1,058,881	$	1,058,881	62608
TOTAL GSF General Services							62609
Fund Group			$	1,058,881	$	1,058,881	62610
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	62611

Section 281.10. EPA ENVIRONMENTAL PROTECTION AGENCY

62613

General Services Fund Group

62614

199	715-602	Laboratory Services	$	1,158,574	$	1,173,574	62615
219	715-604	Central Support Indirect	$	16,474,276	$	17,000,962	62616
4A1	715-640	Operating Expenses	$	3,369,731	$	3,369,731	62617
TOTAL GSF General Services							62618
Fund Group			$	21,002,581	$	21,544,267	62619

Federal Special Revenue Fund Group

62620

3BU	715-684	Water Quality Protection	$	6,515,000	$	6,310,000	62621
3F2	715-630	Revolving Loan Fund - Operating	$	563,536	$	775,600	62622
3F3	715-632	Federally Supported Cleanup and Response	$	2,550,000	$	2,550,000	62623
3F5	715-641	Nonpoint Source Pollution Management	$	7,550,000	$	7,595,000	62624
3K4	715-634	DOD Monitoring and Oversight	$	858,250	$	898,825	62625
3N4	715-657	DOE Monitoring and Oversight	$	1,071,678	$	1,110,270	62626
3T3	715-669	Drinking Water SRF	$	2,843,923	$	2,977,998	62627
3V7	715-606	Agencywide Grants	$	500,000	$	500,000	62628
353	715-612	Public Water Supply	$	3,388,619	$	3,388,618	62629
354	715-614	Hazardous Waste Management - Federal	$	4,203,891	$	4,203,891	62630
357	715-619	Air Pollution Control - Federal	$	6,823,949	$	6,823,950	62631
362	715-605	Underground Injection Control - Federal	$	111,874	$	111,874	62632
TOTAL FED Federal Special Revenue							62633
Fund Group			$	36,980,720	$	37,246,026	62634

State Special Revenue Fund Group

62635

4J0	715-638	Underground Injection Control	$	458,418	$	458,418	62636
4K2	715-648	Clean Air - Non Title V	$	3,690,821	$	4,066,558	62637
4K3	715-649	Solid Waste	$	13,932,845	$	14,282,845	62638
4K4	715-650	Surface Water Protection	$	12,685,000	$	13,815,000	62639
4K5	715-651	Drinking Water Protection	$	8,169,553	$	8,867,732	62640
4P5	715-654	Cozart Landfill	$	149,728	$	149,728	62641
4R5	715-656	Scrap Tire Management	$	6,000,000	$	6,000,000	62642
4R9	715-658	Voluntary Action Program	$	1,032,098	$	1,032,098	62643
4T3	715-659	Clean Air - Title V Permit Program	$	18,924,098	$	18,833,584	62644
4U7	715-660	Construction & Demolition Debris	$	881,561	$	881,561	62645
5BC	715-617	Clean Ohio	$	741,646	$	741,646	62646
5BC	715-622	Local Air Pollution Control	$	1,026,369	$	1,026,369	62647
5BC	715-624	Surface Water	$	8,797,413	$	8,797,413	62648
5BC	715-667	Groundwater	$	1,093,741	$	1,093,741	62649
5BC	715-672	Air Pollution Control	$	5,199,290	$	5,199,290	62650
5BC	715-673	Drinking Water	$	2,550,250	$	2,550,250	62651
5BC	715-675	Hazardous Waste	$	100,847	$	100,847	62652
5BC	715-676	Assistance and Prevention	$	700,302	$	700,302	62653
5BC	715-677	Laboratory	$	1,216,333	$	1,216,333	62654
5BC	715-678	Corrective Actions	$	1,179,775	$	1,179,775	62655
5BT	715-679	C&DD Groundwater Monitoring	$	571,560	$	693,267	62656
5BY	715-681	Auto Emissions Test	$	14,817,105	$	15,057,814	62657
5CD	715-682	Clean Diesel School Buses	$	600,000	$	600,000	62658
5DW	715-683	Automotive Mercury Switch Program	$	60,000	$	60,000	62659
5H4	715-664	Groundwater Support	$	2,503,933	$	2,715,340	62660
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	62661
500	715-608	Immediate Removal Special Account	$	557,257	$	573,903	62662
503	715-621	Hazardous Waste Facility Management	$	11,711,473	$	12,200,240	62663
505	715-623	Hazardous Waste Cleanup	$	13,333,179	$	14,147,498	62664
505	715-674	Clean Ohio Environmental Review	$	109,725	$	109,725	62665
541	715-670	Site Specific Cleanup	$	34,650	$	34,650	62666
542	715-671	Risk Management Reporting	$	146,188	$	146,188	62667
592	715-627	Anti Tampering Settlement	$	9,707	$	9,707	62668
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	62669
602	715-626	Motor Vehicle Inspection and Maintenance	$	157,697	$	128,876	62670
644	715-631	ER Radiological Safety	$	286,114	$	286,114	62671
660	715-629	Infectious Waste Management	$	100,000	$	100,000	62672
676	715-642	Water Pollution Control Loan Administration	$	4,964,625	$	4,964,625	62673
678	715-635	Air Toxic Release	$	210,622	$	210,622	62674
679	715-636	Emergency Planning	$	2,628,647	$	2,628,647	62675
696	715-643	Air Pollution Control Administration	$	750,000	$	750,000	62676
699	715-644	Water Pollution Control Administration	$	750,000	$	750,000	62677
TOTAL SSR State Special Revenue Fund Group			$	144,362,570	$	148,690,706	62678

Clean Ohio Revitalization Fund Group

62679

5S1	715-607	Clean Ohio - Operating	$	208,174	$	208,174	62680
TOTAL CLF Clean Ohio Revitalization Fund Group			$	208,174	$	208,174	62681
TOTAL ALL BUDGET FUND GROUPS			$	202,554,045	$	207,689,173	62682

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

62683

On the first day of July of each fiscal year or as soon as	62684
possible thereafter, the Director of Budget and Management shall	62685
transfer $14,817,105 for use in fiscal year 2008 and $15,057,814	62686
for use in fiscal year 2009 from the General Revenue Fund (GRF) to	62687
the Auto Emissions Test Fund (Fund 5BY).	62688

The Ohio Environmental Protection Agency (EPA) shall use the	62689
foregoing appropriation item 715-681, Auto Emissions Test, in the	62690
Auto Emissions Test Fund (Fund 5BY), for the operation, and Ohio	62691
EPA's costs for oversight, of the auto emissions testing program.	62692
For purposes of continuing testing beyond December 31, 2007, the	62693
Director of Environmental Protection may extend an existing	62694
contract with the contractor who is implementing the testing	62695
program pursuant to section 3704.14 of the Revised Code for a	62696
period of two years.	62697

The funds identified in this section shall not be used (1) to	62698
pay for the testing costs of any dealers to provide certificates	62699
for vehicles being purchased by individuals who reside in areas	62700
where the E-Check program is operated or (2) to pay for more than	62701
one passing or three total free tests for any vehicle in a	62702
three-hundred-sixty-five-day period. When state funds may not be	62703
used to pay for testing costs, the cost of testing and retesting	62704
paid by an individual or a business for any vehicle shall cover	62705
the cost of the test. Testing and other fees charged by the	62706
contractor shall be submitted to and approved by the Director of	62707
Environmental Protection.	62708

WATER QUALITY PROTECTION FUND

62709

On July 1, 2007, or as soon thereafter as possible, the	62710
Director of Environmental Protection shall certify to the Director	62711
of Budget and Management the cash balance in Fund 3F4, Water	62712
Quality Management. The Director of Budget and Management shall	62713
transfer the amount certified from Fund 3F4 to Fund 3BU, Water	62714
Quality Protection. Any existing encumbrances in appropriation	62715
item 715-633, Water Quality Management (Fund 3F4), shall be	62716
cancelled and re-established against appropriation item 715-684,	62717
Water Quality Protection (Fund 3BU). The amounts of the	62718
re-established encumbrances are hereby appropriated, and Fund 3F4	62719
is abolished.	62720

On July 1, 2007, or as soon thereafter as possible, the	62721
Director of Environmental Protection shall certify to the Director	62722
of Budget and Management the cash balance in Fund 3J1, Urban	62723
Stormwater. The Director of Budget and Management shall transfer	62724
the amount certified from Fund 3J1 to Fund 3BU, Water Quality	62725
Protection. Any existing encumbrances in appropriation item	62726
715-620, Urban Stormwater (Fund 3J1), shall be cancelled and	62727
re-established against appropriation item 715-684, Water Quality	62728
Protection (Fund 3BU). The amounts of the re-established	62729
encumbrances are hereby appropriated, and Fund 3J1 is abolished.	62730

On July 1, 2007, or as soon thereafter as possible, the	62731
Director of Environmental Protection shall certify to the Director	62732
of Budget and Management the cash balance in Fund 3J5, Maumee	62733
River. The Director of Budget and Management shall transfer the	62734
amount certified from Fund 3J5 to Fund 3BU, Water Quality	62735
Protection. Any existing encumbrances in appropriation item	62736
715-615, Maumee River (Fund 3J5), shall be cancelled and	62737
re-established against appropriation item 715-684, Water Quality	62738
Protection (Fund 3BU). The amounts of the re-established	62739
encumbrances are hereby appropriated, and Fund 3J5 is abolished.	62740

On July 1, 2007, or as soon thereafter as possible, the	62741
Director of Environmental Protection shall certify to the Director	62742
of Budget and Management the cash balance in Fund 3K2, Clean Water	62743
Act 106 (Fund 3K2). The Director of Budget and Management shall	62744
transfer the amount certified from Fund 3K2 to Fund 3BU, Water	62745
Quality Protection. Any existing encumbrances in appropriation	62746
item 715-628, Clean Water Act 106, shall be cancelled and	62747
re-established against appropriation item 715-684, Water Quality	62748
Protection (Fund 3BU). The amounts of the re-established	62749
encumbrances are hereby appropriated, and Fund 3K2 is abolished.	62750

On July 1, 2007, or as soon thereafter as possible, the	62751
Director of Environmental Protection shall certify to the Director	62752
of Budget and Management the cash balance in Fund 3K6, Remedial	62753
Action Plan. The Director of Budget and Management shall transfer	62754
the amount certified from Fund 3K6 to Fund 3BU, Water Quality	62755
Protection. Any existing encumbrances in appropriation item	62756
715-639, Remedial Action Plan (Fund 3K6), shall be cancelled and	62757
re-established against appropriation item 715-684, Water Quality	62758
Protection (Fund 3BU). The amounts of the re-established	62759
encumbrances are hereby appropriated, and Fund 3K6 is abolished.	62760

On July 1, 2007, or as soon thereafter as possible, the	62761
Director of Environmental Protection shall certify to the Director	62762
of Budget and Management the cash balance in Fund 352, Wastewater	62763
Pollution. The Director of Budget and Management shall transfer	62764
the amount certified from Fund 352 to Fund 3BU, Water Quality	62765
Protection. Any existing encumbrances in appropriation item	62766
715-611, Wastewater Pollution (Fund 352), shall be cancelled and	62767
re-established against appropriation item 715-684, Water Quality	62768
Protection (Fund 3BU). The amounts of the re-established	62769
encumbrances are hereby appropriated, and Fund 352 is abolished.	62770

On July 1, 2007, or as soon thereafter as possible, the	62771
Director of Environmental Protection shall certify to the Director	62772
of Budget and Management the cash balance in Fund 358, 205-J	62773
Federal Planning. The Director of Budget and Management shall	62774
transfer the amount certified from Fund 358 to Fund 3BU, Water	62775
Quality Protection. Any existing encumbrances in appropriation	62776
item 715-625, 205-J Federal Planning (Fund 358), shall be	62777
cancelled and re-established against appropriation item 715-684,	62778
Water Quality Protection (Fund 3BU). The amounts of the	62779
re-established encumbrances are hereby appropriated, and Fund 358	62780
is abolished.	62781

AREAWIDE PLANNING AGENCIES

62782

The Director of the Environmental Protection Agency shall use	62783
the foregoing appropriation item 715-624, Surface Water, to	62784
contract with areawide planning agencies in an amount not to	62785
exceed $75,000 per agency per fiscal year for areawide water	62786
quality management and planning activities in accordance with	62787
Section 208 of the Federal Clean Water Act, 33 U.S.C. 1288.	62788

CASH TRANSFER FOR AUTOMOTIVE MERCURY SWITCH PROGRAM

62789

Upon the request of the Director of Environmental Protection,	62790
the Director of Budget and Management shall transfer up to $60,000	62791
in cash from the Environmental Protection Fund (Fund 5BC) to the	62792
Automotive Mercury Switch Program Fund (Fund 5DW), in each year of	62793
the fiscal years 2008-2009 biennium.	62794

Section 283.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

62795

General Revenue Fund

62796

GRF	172-321	Operating Expenses	$	483,859	$	487,000	62797
TOTAL GRF General Revenue Fund			$	483,859	$	487,000	62798
TOTAL ALL BUDGET FUND GROUPS			$	483,859	$	487,000	62799

Section 285.10. ETC ETECH OHIO

62801

General Revenue Fund

62802

GRF	935-321	Operations	$	6,830,918	$	6,830,921	62803
GRF	935-401	Statehouse News Bureau	$	244,400	$	244,400	62804
GRF	935-402	Ohio Government Telecommunications Services	$	716,417	$	716,417	62805
GRF	935-403	Technical Operations	$	3,597,390	$	3,597,389	62806
GRF	935-404	Telecommunications Operating Subsidy	$	3,632,413	$	3,632,413	62807
GRF	935-406	Technical and Instructional Professional Development	$	7,285,351	$	7,272,351	62808
GRF	935-539	Educational Technology	$	4,139,551	$	4,139,551	62809
TOTAL GRF General Revenue Fund			$	26,446,440	$	26,433,442	62810

General Services Fund Group

62811

4F3	935-603	Affiliate Services	$	1,000,000	$	1,000,000	62812
4T2	935-605	Government Television/Telecommunications Operating	$	25,000	$	25,000	62813
5D4	935-640	Conference/Special Purposes	$	1,821,817	$	1,821,817	62814
TOTAL GSF General Services Fund Group			$	2,846,817	$	2,846,817	62815

Federal Special Revenue Fund Group

62816

3S3	935-606		Enhancing Education Technology		$	589,363		$	589,363		62817
TOTAL FED Federal Special Revenue Fund Group					$	589,363		$	589,363		62818

State Special Revenue Fund Group

62819

4W9	935-630	Telecommunity	$	25,000	$	25,000	62820
4X1	935-634	Distance Learning	$	50,000	$	50,000	62821
5T3	935-607	Gates Foundation Grants	$	200,000	$	200,000	62822
TOTAL SSR State Special Revenue Fund Group			$	275,000	$	275,000	62823
TOTAL ALL BUDGET FUND GROUPS			$	30,157,620	$	30,144,622	62824

Section 285.30. TELECOMMUNICATIONS

62826

STATEHOUSE NEWS BUREAU

62827

The foregoing appropriation item 935-401, Statehouse News	62828
Bureau, shall be used solely to support the operations of the Ohio	62829
Statehouse News Bureau.	62830

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

62831

The foregoing appropriation item 935-402, Ohio Government	62832
Telecommunications Services, shall be used solely to support the	62833
operations of Ohio Government Telecommunications Services.	62834

TECHNICAL OPERATIONS

62835

The foregoing appropriation item 935-403, Technical	62836
Operations, shall be used by eTech Ohio to pay expenses of eTech	62837
Ohio's network infrastructure, which includes the television and	62838
radio transmission infrastructure and infrastructure that shall	62839
link all public K-12 classrooms to each other and the Internet,	62840
and provide access to voice, video, and data educational resources	62841
for students and teachers.	62842

TELECOMMUNICATIONS OPERATING SUBSIDY

62843

Of the foregoing appropriation item 935-404,	62844
Telecommunications Operating Subsidy, $45,000 in each fiscal year	62845
shall be used to contract for dial-up newspaper reading services	62846
for the blind and physically handicapped. The contract shall be	62847
awarded subject to Controlling Board approval, through a	62848
competitive bidding process.	62849

The remainder of appropriation item 935-404,	62850
Telecommunications Operating Subsidy, shall be distributed by	62851
eTech Ohio to Ohio's qualified public educational television	62852
stations, radio reading services, and educational radio stations	62853
to support their operations. The funds shall be distributed	62854
pursuant to an allocation formula used by the Ohio Educational	62855
Telecommunications Network Commission unless and until a	62856
substitute formula is developed by eTech Ohio in consultation with	62857
Ohio's qualified public educational television stations, radio	62858
reading services, and educational radio stations.	62859

Section 285.40. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	62860
DEVELOPMENT	62861

The foregoing appropriation item 935-406, Technical and	62862
Instructional Professional Development, shall be used by eTech	62863
Ohio to make grants or provide services to qualifying public	62864
schools, including the State School for the Blind, the State	62865
School for the Deaf, and the Department of Youth Services, for the	62866
provision of hardware, software, telecommunications services, and	62867
staff development to support educational uses of technology in the	62868
classroom.	62869

Of the foregoing appropriation item 935-406, Technical and	62870
Instructional Professional Development, up to $1,000,000 in each	62871
fiscal year shall be used to implement and support the Ohio	62872
Students Choosing On-line Resources for Educational Success (Ohio	62873
SCORES) initiative that increases the educational options	62874
available to students in mathematics, advanced laboratory-based	62875
science, and foreign language. eTech Ohio shall work	62876
collaboratively with the Department of Education and the Board of	62877
Regents on this initiative.	62878

Of the foregoing appropriation item 935-406, Technical and	62879
Instructional Professional Development, up to $200,000 in each	62880
fiscal year shall be used by eTech Ohio to provide competitive	62881
professional development grants to school districts. Grant	62882
proposals shall focus on developing innovative programs that	62883
enhance the abilities of teachers to use innovative methods for	62884
integrating technology to implement state academic content	62885
standards in classroom lessons. Grant requirements and awards	62886
shall be approved by eTech Ohio, with priority given to school	62887
districts designated in academic emergency, academic watch, or	62888
continuous improvement. eTech Ohio shall develop a web site to	62889
share information learned through these programs with school	62890
districts statewide. The web site shall be linked with the Ohio	62891
Department of Education's Instructional Management System.	62892

Of the foregoing appropriation item 935-406, Technical and	62893
Instructional Professional Development, up to $1,260,000 in each	62894
fiscal year shall be allocated equally among the 12 Ohio	62895
educational television stations and used with the advice and	62896
approval of eTech Ohio. Funds shall be used for the production of	62897
interactive instructional programming series with priority given	62898
to resources aligned with state academic content standards in	62899
consultation with the Ohio Department of Education and for	62900
teleconferences to support eTech Ohio. The programming shall be	62901
targeted to the needs of the poorest two hundred school districts	62902
as determined by the district's adjusted valuation per pupil as	62903
defined in former section 3317.0213 of the Revised Code as that	62904
section existed prior to June 30, 2005.	62905

The remainder of appropriation item 935-406, Technical and	62906
Instructional Professional Development, shall be used by eTech	62907
Ohio for professional development for teachers and administrators	62908
for the use of educational technology. eTech Ohio may make grants	62909
to provide technical assistance and professional development on	62910
the use of educational technology to school districts.	62911

Eligible recipients of grants include regional training	62912
centers, educational service centers, information technology	62913
centers, educational technology centers, institutions of higher	62914
education, public television stations, special education resource	62915
centers, area media centers, or other nonprofit educational	62916
organizations. In addition, services provided through these grants	62917
may include use of private entities subcontracting through the	62918
grant recipient.	62919

Grants shall be made to entities on a contractual basis with	62920
eTech Ohio. Contracts shall include provisions that demonstrate	62921
how services will benefit technology use in the public schools,	62922
and in particular how services will support eTech Ohio's efforts	62923
to integrate technology in the public schools. Contracts shall	62924
specify the scope of assistance being offered and the potential	62925
number of professionals who will be served. Contracting entities	62926
may be awarded more than one grant at a time. Grants shall be	62927
awarded in a manner consistent with the goals and priorities of	62928
eTech Ohio. Special emphasis in the award of grants shall be	62929
placed on collaborative efforts among service providers.	62930

Application for grants from appropriation item 935-406,	62931
Technical and Instructional Professional Development, shall be	62932
consistent with a school district's technology plan that shall	62933
meet the minimum specifications for school district technology	62934
plans as prescribed by eTech Ohio. Funds allocated through these	62935
grants may be combined with funds received through other state or	62936
federal grants for technology so long as the school district's	62937
technology plan specifies the use of these funds.	62938

Section 285.50. EDUCATIONAL TECHNOLOGY

62939

The foregoing appropriation item 935-539, Educational	62940
Technology, shall be used to provide funding to suppliers of	62941
information services to school districts for the provision of	62942
hardware, software, and staff development in support of	62943
educational uses of technology in the classroom as prescribed by	62944
the State Plan for Technology pursuant to section 3301.07 of the	62945
Revised Code, and to support assistive technology for children and	62946
youth with disabilities.	62947

Of the foregoing appropriation item 935-539, Education	62948
Technology, up to $4,139,551 in each fiscal year shall be used by	62949
eTech Ohio to contract with educational television to provide Ohio	62950
public schools with instructional resources and services with	62951
priority given to resources and services aligned with state	62952
academic content standards and such resources and services shall	62953
be based upon the advice and approval of eTech Ohio, based on a	62954
formula used by the Ohio SchoolNet Commission unless and until a	62955
substitute formula is developed by eTech Ohio in consultation with	62956
Ohio's educational technology agencies and noncommercial	62957
educational television stations.	62958

Resources may include, but not be limited to, the following:	62959
prerecorded video materials (including videotape, laser discs, and	62960
CD-ROM discs); computer software for student use or student access	62961
to electronic communication, databases, spreadsheet, and word	62962
processing capability; live student courses or courses delivered	62963
electronically; automated media systems; and instructional and	62964
professional development materials for teachers. eTech Ohio shall	62965
collaborate with public television stations and cooperate with	62966
education technology agencies in the acquisition, development, and	62967
delivery of these educational resources to ensure high-quality and	62968
educational soundness at the lowest possible cost. Delivery of	62969
these resources may utilize a variety of technologies, with a	62970
preference given to a high speed integrated information network	62971
that can transport video, voice, data, and graphics	62972
simultaneously.	62973

Services shall include presentations and technical assistance	62974
that will help students and teachers integrate educational	62975
materials that support curriculum objectives, match specific	62976
learning styles, and are appropriate for individual interests and	62977
ability levels.	62978

The instructional resources and services shall be made	62979
available for purchase by chartered nonpublic schools or by school	62980
districts for the benefit of pupils attending chartered nonpublic	62981
schools.	62982

eTech Ohio shall monitor the developments of technology,	62983
coordinate with the Office of Information Technology, and assure	62984
the most effective and highest quality operation of eTech Ohio	62985
networks. All efforts may be aligned with the State's ongoing	62986
efforts to coordinate appropriate network operations through the	62987
Office of Information Technology and through the Third Frontier	62988
Network.	62989

Section 285.60. TELECOMMUNITY

62990

The foregoing appropriation item 935-630, Telecommunity,	62991
shall be distributed by eTech Ohio on a grant basis to eligible	62992
school districts to establish "distance learning" through	62993
interactive video technologies in the school district. Per	62994
agreements with eight Ohio local telephone companies ALLTEL Ohio,	62995
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	62996
Cincinnati Bell Telephone Company, Orwell Telephone Company,	62997
Sprint North Central Telephone, VERIZON, and Western Reserve	62998
Telephone Company, school districts are eligible for funds if they	62999
are within one of the listed telephone company service areas.	63000
Funds to administer the program shall be expended by eTech Ohio up	63001
to the amount specified in agreements with the listed telephone	63002
companies.	63003

Within thirty days after the effective date of this section,	63004
the Director of Budget and Management shall transfer to Fund 4W9	63005
in the State Special Revenue Fund Group any investment earnings	63006
from moneys paid by any telephone company as part of any	63007
settlement agreement between the listed companies and the Public	63008
Utilities Commission in fiscal years 1996 and beyond.	63009

DISTANCE LEARNING

63010

The foregoing appropriation item 935-634, Distance Learning,	63011
shall be distributed by eTech Ohio on a grant basis to eligible	63012
school districts to establish "distance learning" in the school	63013
district. Per the agreement with Ameritech, school districts are	63014
eligible for funds if they are within an Ameritech service area.	63015
Funds to administer the program shall be expended by eTech Ohio up	63016
to the amount specified in the agreement with Ameritech.	63017

Within thirty days after the effective date of this section,	63018
the Director of Budget and Management shall transfer to Fund 4X1	63019
in the State Special Revenue Fund Group any investment earnings	63020
from moneys paid by any telephone company as part of a settlement	63021
agreement between the company and the Public Utilities Commission	63022
in fiscal year 1995.	63023

GATES FOUNDATION GRANTS

63024

The foregoing appropriation item 935-607, Gates Foundation	63025
Grants, shall be used by eTech Ohio to provide professional	63026
development to school district principals, superintendents, and	63027
other administrative staff for the use of education technology.	63028

Section 287.10. ETH OHIO ETHICS COMMISSION

63029

General Revenue Fund

63030

GRF	146-321		Operating Expenses		$	1,863,028		$	1,967,275		63031
TOTAL GRF General Revenue Fund					$	1,863,028		$	1,967,275		63032

General Services Fund Group

63033

4M6	146-601	Operating Expenses	$	527,543	$	477,543	63034
TOTAL GSF General Services							63035
Fund Group			$	527,543	$	477,543	63036
TOTAL ALL BUDGET FUND GROUPS			$	2,390,571	$	2,444,818	63037

Section 289.10. EXP OHIO EXPOSITIONS COMMISSION

63039

General Revenue Fund

63040

GRF	723-403		Junior Fair Subsidy		$	400,000		$	400,000		63041
TOTAL GRF General Revenue Fund					$	400,000		$	400,000		63042

State Special Revenue Fund Group

63043

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	63044
506	723-601	Operating Expenses	$	13,643,315	$	13,643,315	63045
640	723-603	State Fair Reserve	$	125,337	$	0	63046
TOTAL SSR State Special Revenue							63047
Fund Group			$	14,288,652	$	14,163,315	63048
TOTAL ALL BUDGET FUND GROUPS			$	14,688,652	$	14,563,315	63049

STATE FAIR RESERVE

63050

The foregoing appropriation item 723-603, State Fair Reserve,	63051
shall serve as a budget reserve fund for the Ohio Expositions	63052
Commission in the event of a significant decline in attendance	63053
because of inclement weather or extraordinary circumstances during	63054
the Ohio State Fair resulting in a loss of revenue. The State Fair	63055
Reserve Fund (Fund 640) may be used by the Ohio Expositions	63056
Commission to pay bills resulting from the Ohio State Fair only if	63057
all the following criteria are met:	63058

(A) Admission revenues for the 2007 Ohio State Fair are less	63059
than $2,025,000 or the admission revenues for the 2008 Ohio State	63060
Fair are less than $2,065,000 because of inclement weather or	63061
extraordinary circumstances. These amounts are ninety per cent of	63062
the projected revenues for each year.	63063

(B) The Ohio Expositions Commission declares a state of	63064
fiscal exigency and requests release of funds from the Director of	63065
Budget and Management.	63066

(C) The Director of Budget and Management releases the funds.	63067
The Director of Budget and Management may approve or disapprove	63068
the request for release of funds, may increase or decrease the	63069
amount of release, and may place conditions as the Director	63070
considers necessary on the use of the released funds. The Director	63071
of Budget and Management may transfer the appropriation from	63072
fiscal year 2008 to fiscal year 2009 as needed.	63073

In the event that the Ohio Expositions Commission faces a	63074
temporary cash shortage that will preclude it from meeting current	63075
obligations, the Commission may request the Director of Budget and	63076
Management to approve use of the State Fair Reserve Fund (Fund	63077
640) to meet those obligations. The request shall include a plan	63078
describing how the Commission will eliminate the cash shortage. If	63079
the Director of Budget and Management approves the expenditures,	63080
the Commission shall reimburse the State Fair Reserve Fund (Fund	63081
640) by the thirtieth day of June of that same fiscal year through	63082
an intrastate transfer voucher. The amount reimbursed is hereby	63083
appropriated.	63084

Section 291.10. GOV OFFICE OF THE GOVERNOR

63085

General Revenue Fund

63086

GRF	040-321	Operating Expenses	$	3,754,045	$	3,754,045	63087
GRF	040-403	Federal Relations	$	435,443	$	435,443	63088
GRF	040-408	Office of Veterans' Affairs	$	287,000	$	298,000	63089
TOTAL GRF General Revenue Fund			$	4,476,488	$	4,487,488	63090

General Services Fund Group

63091

5AK	040-607		Federal Relations		$	365,149		$	365,149		63092
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		63093

TOTAL ALL BUDGET FUND GROUPS

4,841,637

4,852,637

63094

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

63095

The Governor may expend a portion of the foregoing	63096
appropriation item 040-321, Operating Expenses, to hire or appoint	63097
legal counsel to be used in proceedings involving the Governor in	63098
the Governor's official capacity or the Governor's office only,	63099
without the approval of the Attorney General, notwithstanding	63100
sections 109.02 and 109.07 of the Revised Code.	63101

FEDERAL RELATIONS

63102

A portion of the foregoing appropriation items 040-403,	63103
Federal Relations, and 040-607, Federal Relations, may be used to	63104
support Ohio's membership in national or regional associations.	63105

The Office of the Governor may charge any state agency of the	63106
executive branch using an intrastate transfer voucher such amounts	63107
necessary to defray the costs incurred for the conduct of federal	63108
relations associated with issues that can be attributed to the	63109
agency. Amounts collected shall be deposited to the Office of the	63110
Governor Federal Relations Fund (Fund 5AK).	63111

Section 293.10. DOH DEPARTMENT OF HEALTH

63112

General Revenue Fund

63113

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	63114
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	63115
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	63116
GRF	440-416	Child and Family Health Services	$	9,547,874	$	9,647,874	63117
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	63118
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	63119
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	63120
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	63121
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	63122
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	63123
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	63124
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	63125
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	63126
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	63127
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	63128
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	63129
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	63130
GRF	440-XXX	Abstinence Education	$	500,000	$	500,000	63131
TOTAL GRF General Revenue Fund			$	77,324,699	$	85,396,084	63132

General Services Fund Group

63133

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	63134
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	63135
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	63136
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	63137
698	440-634	Nurse Aide Training	$	170,000	$	170,000	63138
TOTAL GSF General Services							63139
Fund Group			$	38,678,881	$	38,678,881	63140

Federal Special Revenue Fund Group

63141

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	63142
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	63143
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	63144
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	63145
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	63146
TOTAL FED Federal Special Revenue							63147
Fund Group			$	430,199,919	$	430,199,919	63148

State Special Revenue Fund Group

63149

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	63150
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	63151
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	63152
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	63153
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	63154
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	63155
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	63156
470	440-647	Fee Supported Programs	$	27,946,243	$	25,905,140	63157
471	440-619	Certificate of Need	$	869,000	$	898,000	63158
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	63159
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	63160
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	63161
5CN	440-645	Choose Life	$	75,000	$	75,000	63162
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	63163
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	63164
5EC	440-650	Health Emergency	$	15,312,500	$	0	63165
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	63166
5G4	440-639	Adoption Services	$	20,000	$	20,000	63167
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	63168
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	63169
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	63170
TOTAL SSR State Special Revenue							63171
Fund Group			$	74,860,263	$	57,569,973	63172

Holding Account Redistribution Fund Group

63173

R14	440-631	Vital Statistics	$	70,000	$	70,000	63174
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	63175
TOTAL 090 Holding Account							63176
Redistribution Fund Group			$	90,000	$	90,000	63177
TOTAL ALL BUDGET FUND GROUPS			$	621,153,762	$	611,934,857	63178

Section 293.20. CHILD AND FAMILY HEALTH SERVICES

63180

Of the foregoing appropriation item 440-416, Child and Family	63181
Health Services, not more than $1,700,000 in each fiscal year	63182
shall be used for women's health services.	63183

Of the foregoing appropriation item 440-416, Child and Family	63184
Health Services, not more than $270,000 shall be used in each	63185
fiscal year for the OPTIONS dental care access program.	63186

Of the foregoing appropriation item 440-416, Child and Family	63187
Health Services, $1,900,000 in fiscal year 2008 and $2,150,000 in	63188
fiscal year 2009 shall be used by federally qualified health	63189
centers and federally designated look-alikes to provide services	63190
to uninsured low-income persons.	63191

Of the foregoing appropriation item 440-416, Child and Family	63192
Health Services, $10,000 in each fiscal year shall be allocated to	63193
the Jewish Family Services in Cleveland, $10,000 in each fiscal	63194
year shall be allocated to the Jewish Family Services in	63195
Cincinnati, $10,000 shall be allocated in each fiscal year to the	63196
Jewish Family Services in Columbus, and $10,000 in each fiscal	63197
year shall be allocated to the Wexner Heritage Village in Columbus	63198
for interpreters for health care.	63199

Of the foregoing appropriation item 440-416, Child and Family	63200
Health Services, $10,000 in each fiscal year shall be provided to	63201
the Jewish Family Services in Dayton, $5,000 in each fiscal year	63202
shall be provided to the Jewish Community Center in Akron, $5,000	63203
in each fiscal year shall be provided to the Jewish Community	63204
Center in Sylvania, $2,500 in each fiscal year shall be provided	63205
to the Jewish Community Center in Youngstown, and $2,500 in each	63206
fiscal year shall be provided to the Jewish Community Center in	63207
Canton.	63208

Of the foregoing appropriation item 440-416, Child and Family	63209
Health Services, $16,667 in each fiscal year shall be allocated to	63210
the Yassenoff Jewish Community Center, $16,667 in each fiscal year	63211
shall be allocated to the Jewish Community Center in Cincinnati,	63212
and $16,666 in each fiscal year shall be allocated to the Jewish	63213
Community Center in Cleveland for children's health and nutrition	63214
camp programs.	63215

Of the foregoing appropriation item 440-416, Child and Family	63216
Health Services, $16,666 in each fiscal year shall be allocated to	63217
the Athens Community Center.	63218

Of the foregoing appropriation item 400-416, Child and Family	63219
Health Services, $25,000 in each fiscal year shall be allocated to	63220
the Wellness Community of Greater Columbus to provide support	63221
services for people with cancer, their families, and caregivers.	63222

Of the foregoing appropriation item 440-416, Child and Family	63223
Health Services, $100,000 in each fiscal year shall be allocated	63224
to the Compdrug Teen Dating Violence Prevention Project in	63225
Franklin County.	63226

Of the foregoing appropriation item, 440-416, Child and	63227
Family Health Services, $2,500,000 in each fiscal year shall be	63228
used for education, prevention, and screenings for breast and	63229
cervical cancer.	63230

Of the foregoing appropriation item 440-416, Child and Family	63231
Health Services, $25,000 in each fiscal year shall be allocated to	63232
Making Connections, which is a nonprofit organization that	63233
provides free treatment for orthodontic conditions, facial scars,	63234
or other blemishes to low-income children. The funds shall be used	63235
by Making Connections to perform a study of the program's	63236
potential for implementation in the major urban centers of Ohio.	63237

Section 293.25. COLLEGE PREGNANCY AND PARENTING OFFICES PILOT	63238
PROGRAM	63239

(A) As used in this section, "institution of higher	63240
education" means a public or private university or college in this	63241
state, including a community college or state community college.	63242

(B) The Director of Health shall conduct a pilot program in	63243
fiscal year 2009 for the purpose of awarding grants to up to four	63244
institutions of higher education to establish and operate on a	63245
selected institution's campus an office that provides support to	63246
students who are pregnant or who are the parents or legal	63247
guardians of one or more minors. Planning for the pilot program	63248
shall commence in fiscal year 2008.	63249

(C) An institution of higher education may apply for a grant	63250
by completing and submitting an application form supplied by the	63251
Director. The Director may require the institution to submit	63252
additional information after the Director has reviewed the	63253
application.	63254

(D) Before awarding a grant, the Director shall secure a	63255
written agreement in which the proposed grantee commits to doing	63256
all of the following:	63257

(1) Locating the office described in division (B) of this	63258
section on the campus of the institution.	63259

(2) Assessing the institution's performance in both of the	63260
following areas:	63261

(a) Offering health insurance plans to students that include	63262
coverage for prenatal and postpartum care and riders for the	63263
coverage of additional family members;	63264

(b) Providing services or items that meet the needs of	63265
students who are pregnant or who are the parents or legal	63266
guardians of one or more minors, including family housing, child	63267
care, flexible or alternative academic scheduling, education	63268
concerning responsible parenting and healthy marriages, maternity	63269
and infant clothing, formula and baby food, and baby furniture.	63270

(3) Identifying and establishing programs with public and	63271
private service providers located on campus and in the local	63272
community that are qualified to meet the needs described in	63273
division (D)(2)(b) of this section.	63274

(4) Assisting students in locating and obtaining services	63275
that meet the needs described in division (D)(2)(b) of this	63276
section.	63277

(5) Providing, on the request of an individual student,	63278
referrals for prenatal care and delivery, infant or foster care,	63279
or adoption. The office shall make referrals only to persons or	63280
governmental entities that primarily serve parents, prospective	63281
parents awaiting adoption, pregnant women who plan to parent or	63282
place a child for adoption, or married couples or couples that	63283
plan on marrying in order to provide a supportive environment for	63284
each other and one or more minors.	63285

(6) Providing, by a date determined by the Director, a	63286
written report to the Director that itemizes the office's	63287
expenditures during the fiscal year and meets the format or form	63288
established by the Director under division (E) of this section.	63289

(7) Providing, after the Director's review of the report	63290
described in division (D)(6) of this section, any additional	63291
information requested by the Director.	63292

(E) The Director shall establish a format or form for the	63293
written report that must be provided by an institution under	63294
division (D)(6) of this section. In establishing the format or	63295
form, the Director shall identify specific performance criteria	63296
the institution must address in the report.	63297

(F) The Director may adopt any rules necessary to implement	63298
this section. The rules shall be adopted in accordance with	63299
Chapter 119. of the Revised Code.	63300

(G) Of the foregoing appropriation item 440-416, Child and	63301
Family Health Services, $50,000 in fiscal year 2009 shall be used	63302
to make grants for the pilot program described in this section.	63303

Section 293.30. HEALTHY OHIO

63304

The Department of Health may use appropriation item 440-437,	63305
Healthy Ohio, to complete an inventory of prevention and	63306
intervention programs so that it may better target funding to	63307
programs to decrease disparities.	63308

HIV/AIDS PREVENTION/TREATMENT

63309

Of the foregoing appropriation item 440-444, AIDS Prevention	63310
and Treatment, not more than $6.7 million in each fiscal year	63311
shall be used to assist persons with HIV/AIDS in acquiring	63312
HIV-related medications.	63313

INFECTIOUS DISEASE PREVENTION

63314

The foregoing appropriation item 440-446, Infectious Disease	63315
Prevention, shall be used for the purchase of drugs for sexually	63316
transmitted diseases.	63317

HELP ME GROW

63318

Of the foregoing appropriation item 440-459, Help Me Grow,	63319
$10,423,397 in fiscal year 2008 and $13,741,847 in fiscal year	63320
2009 shall be used by the Department of Health to distribute	63321
subsidies to counties to implement the Help Me Grow Program.	63322
Appropriation item 440-459, Help Me Grow, may be used in	63323
conjunction with Temporary Assistance for Needy Families from the	63324
Department of Job and Family Services, Early Intervention funding	63325
from the Department of Mental Retardation and Developmental	63326
Disabilities, and in conjunction with other early childhood funds	63327
and services to promote the optimal development of young children.	63328
Local contracts shall be developed between local departments of	63329
job and family services and family and children first councils for	63330
the administration of TANF funding for the Help Me Grow Program.	63331
The Department of Health shall enter into an interagency agreement	63332
with the Department of Education, Department of Mental Retardation	63333
and Developmental Disabilities, Department of Job and Family	63334
Services, and Department of Mental Health to ensure that all early	63335
childhood programs and initiatives are coordinated and school	63336
linked.	63337

Of the foregoing appropriation item 440-459, Help Me Grow,	63338
$500,000 in fiscal year 2008 and $300,000 in fiscal year 2009	63339
shall be used for the establishment of the Autism Diagnosis	63340
Education Pilot Program. Not later than December 31, 2008, the	63341
Director of Health shall compile and submit to the Governor and	63342
the General Assembly a written report describing the action taken	63343
under the Autism Diagnosis Education Pilot Program since the	63344
effective date of this section. Not later than December 31, 2009,	63345
the Director shall compile and submit to the Governor and the	63346
General Assembly a written report describing the action taken	63347
under the Pilot Program since December 31, 2008.	63348

TARGETED HEALTH CARE SERVICES OVER 21

63349

In each fiscal year, of the foregoing appropriation item	63350
440-507, Targeted Health Care Services Over 21, $731,023 shall be	63351
used to administer the cystic fibrosis program and implement the	63352
Hemophilia Insurance Premium Payment Program. These funds also may	63353
be used, to the extent that funding is available, to provide up to	63354
18 in-patient hospital days for participants in the cystic	63355
fibrosis program. The Department shall expend all of these	63356
earmarked funds.	63357

Of the foregoing appropriation item 440-507, Targeted Health	63358
Care Services Over 21, $900,000 in each fiscal year shall be used	63359
to provide essential medications and to pay the copayments for	63360
drugs approved by the Department of Health and covered by Medicare	63361
Part D that are dispensed to Bureau for Children with Medical	63362
Handicaps (BCMH) participants for the cystic fibrosis program.	63363
These funds also may be used, to the extent that funding is	63364
available, to provide up to 18 in-patient hospital days for	63365
participants in the cystic fibrosis program. The Department shall	63366
expend all of these earmarked funds.	63367

UNCOMPENSATED CARE AND EMERGENCY MEDICAL

63368

The foregoing appropriation item 440-511, Uncompensated Care	63369
and Emergency Medical Assistance, shall be used to fund programs	63370
that provide health care without ability to pay. This is not an	63371
entitlement program and services are offered only to the extent	63372
that funding is available.	63373

ABSTINENCE EDUCATION

63374

The foregoing appropriation item 440-XXX, Abstinence	63375
Education, shall be used for abstinence and adoption education.	63376
The Director of Health shall develop guidelines for the	63377
establishment of abstinence and adoption education programs for	63378
teenagers with the purpose of decreasing unplanned pregnancies and	63379
abortion. The guidelines shall be developed pursuant to Title V of	63380
the "Social Security Act," 42 U.S.C. 510, and shall include, but	63381
are not limited to, advertising campaigns and direct training in	63382
schools and other locations.	63383

MATERNAL CHILD HEALTH BLOCK GRANT

63384

Of the foregoing appropriation item 440-601, Maternal Child	63385
Health Block Grant (Fund 320), $2,091,299 shall be used in each	63386
fiscal year for the purposes of abstinence and adoption education.	63387
The Director of Health shall develop guidelines for the	63388
establishment of abstinence and adoption education programs for	63389
teenagers with the purpose of decreasing unplanned pregnancies and	63390
abortion. The guidelines shall be developed under Title V of the	63391
"Social Security Act," 42 U.S.C. 510, and shall include, but are	63392
not limited to, advertising campaigns and direct training in	63393
schools and other locations.	63394

GENETICS SERVICES

63395

The foregoing appropriation item 440-608, Genetics Services	63396
(Fund 4D6), shall be used by the Department of Health to	63397
administer programs authorized by sections 3701.501 and 3701.502	63398
of the Revised Code. None of these funds shall be used to counsel	63399
or refer for abortion, except in the case of a medical emergency.	63400

MEDICALLY HANDICAPPED CHILDREN AUDIT

63401

The Medically Handicapped Children Audit Fund (Fund 477)	63402
shall receive revenue from audits of hospitals and recoveries from	63403
third-party payers. Moneys may be expended for payment of audit	63404
settlements and for costs directly related to obtaining recoveries	63405
from third-party payers and for encouraging Medically Handicapped	63406
Children's Program recipients to apply for third-party benefits.	63407
Moneys also may be expended for payments for diagnostic and	63408
treatment services on behalf of medically handicapped children, as	63409
defined in division (A) of section 3701.022 of the Revised Code,	63410
and Ohio residents who are twenty-one or more years of age and who	63411
are suffering from cystic fibrosis or hemophilia. Moneys may also	63412
be expended for administrative expenses incurred in operating the	63413
Medically Handicapped Children's Program.	63414

TRANSFER FROM STATE FIRE MARSHAL'S FUND (FUND 546) TO THE	63415
POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT OF HEALTH	63416

Notwithstanding section 3737.71 of the Revised Code, on July	63417
1, 2007, or as soon as possible thereafter, the Director of Budget	63418
and Management shall transfer $150,000 cash from the State Fire	63419
Marshal's Fund (Fund 546) in the Department of Commerce to the	63420
Poison Control Fund (Fund 5CB) in the Department of Health.	63421
Notwithstanding section 3737.71 of the Revised Code, on July 1,	63422
2008, or as soon as possible thereafter, the Director of Budget	63423
and Management shall transfer $150,000 cash from the State Fire	63424
Marshal's Fund (Fund 546) in the Department of Commerce to the	63425
Poison Control Fund (Fund 5CB) in the Department of Health.	63426

POISON CONTROL CENTERS

63427

Of the foregoing appropriation item 440-640, Poison Control	63428
Centers, in each fiscal year, the poison control centers in the	63429
municipal corporations of Cleveland, Cincinnati, and Columbus	63430
shall each receive an allocation of $50,000.	63431

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	63432
PERMIT FUND	63433

The Director of Budget and Management, pursuant to a plan	63434
submitted by the Department of Health, or as otherwise determined	63435
by the Director of Budget and Management, shall set a schedule to	63436
transfer cash from the Liquor Control Fund (Fund 043) to the	63437
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	63438
needs of the Alcohol Testing and Permit program.	63439

The Director of Budget and Management shall transfer to the	63440
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	63441
Fund (Fund 043) created in section 4301.12 of the Revised Code	63442
such amounts at such times as determined by the transfer schedule.	63443

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

63444

The foregoing appropriation item 440-607, Medically	63445
Handicapped Children - County Assessments (Fund 666), shall be	63446
used to make payments under division (E) of section 3701.023 of	63447
the Revised Code.	63448

Section 293.35. HEALTHY OHIO ASSESSMENT

63449

(A) The Department of Health, through the Healthy Ohio	63450
program, shall conduct a formal assessment of the Department and	63451
the Departments of Job and Family Services, Aging, Alcohol and	63452
Drug Addiction Services, Mental Retardation and Developmental	63453
Disabilities, Mental Health, Rehabilitation and Correction, and	63454
Youth Services to determine their efforts to improve positive	63455
health outcomes.	63456

As part of the assessment required by this section, the	63457
Department of Health shall assess current practices and offer	63458
recommendations for improvements in the following areas:	63459

(1) Specific interventions provided to improve outcomes	63460
measured on an individual basis, including measures taken to	63461
identify those in need of care, coordinate their care, and provide	63462
direct service interventions.	63463

(2) Cost of the care provided per individual served each	63464
fiscal year, including administrative and infrastructure costs;	63465

(3) How money is tied to specific work completion with a	63466
basis for positive impact and positive outcomes and steps each	63467
department is making to ensure the people most at-risk receive the	63468
interventions;	63469

(4) Strategies used in each department to eliminate service	63470
duplication, especially in the area of care coordination.	63471

(B) As part of its assessment, the Department of Health shall	63472
consult with associations representing health care providers,	63473
business interests, consumer advocates, insurance companies, and	63474
other interested parties affected by improved outcomes funding	63475
models.	63476

(C) The Department of Health shall produce written reports of	63477
its assessment based on the areas of review listed in division (A)	63478
of this section. The Department may collaborate with one or more	63479
of the interested parties named in division (B) of this section	63480
with substantial experience in the areas the Department is	63481
required to assess. The report shall be submitted to the Governor,	63482
the Speaker of the House of Representatives, the Minority Leader	63483
of the House of Representatives, the President of the Senate, and	63484
the Minority Leader of the Senate.	63485

The Department shall submit its first report of the	63486
assessment not later than February 1, 2008. The Department shall	63487
submit its final report of the assessment not later than January	63488
1, 2009.	63489

Section 293.40. NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

63490

The Director of Budget and Management shall transfer, on July	63491
1, 2007, or as soon as possible thereafter, cash from Fund 4E3,	63492
Resident Protection Fund, in the Ohio Department of Job and Family	63493
Services, to Fund 5L1, Nursing Facility Technical Assistance	63494
Program Fund, in the Ohio Department of Health, to be used under	63495
section 3721.026 of the Revised Code. The transfers shall equal	63496
$410,111 in fiscal year 2008 and $698,595 in fiscal year 2009.	63497

CASH TRANSFER FROM FEDERAL PUBLIC HEALTH PROGRAMS FUND TO	63498
AGENCY HEALTH SERVICES FUND	63499

As soon as possible on or after July 1, 2007, the Director of	63500
Health shall certify to the Director of Budget and Management the	63501
amount of cash to be transferred from the Federal Public Health	63502
Programs Fund (Fund 392) to the Agency Health Services Fund (Fund	63503
142) to meet the operating needs of the Vital Statistics Program.	63504
The Director of Budget and Management shall transfer the amount	63505
certified.	63506

Section 295.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

63507

Agency Fund Group

63508

461	372-601	Operating Expenses	$	16,819	$	16,819	63509
TOTAL AGY Agency Fund Group			$	16,819	$	16,819	63510
TOTAL ALL BUDGET FUND GROUPS			$	16,819	$	16,819	63511

Section 297.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

63513

General Revenue Fund

63514

GRF	148-100	Personal Services	$	160,121	$	167,156	63515
GRF	148-200	Maintenance	$	40,000	$	40,000	63516
GRF	148-402	Community Projects	$	500,000	$	500,000	63517
TOTAL GRF General Revenue Fund			$	700,121	$	707,156	63518

General Services Fund Group

63519

601	148-602	Gifts and Miscellaneous	$	20,000	$	20,000	63520
TOTAL GSF General Services							63521
Fund Group			$	20,000	$	20,000	63522
TOTAL ALL BUDGET FUND GROUPS			$	720,121	$	727,156	63523

Section 299.10. OHS OHIO HISTORICAL SOCIETY

63525

General Revenue Fund

63526

GRF	360-501	Operating Subsidy	$	3,349,244	$	3,349,252	63527
GRF	360-502	Site and Museum Operations	$	8,401,781	$	8,401,788	63528
GRF	360-504	Ohio Preservation Office	$	717,516	$	715,381	63529
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	63530
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	63531
GRF	360-508	State Historical Grants	$	823,000	$	775,000	63532
TOTAL GRF General Revenue Fund			$	14,560,748	$	14,510,628	63533
TOTAL ALL BUDGET FUND GROUPS			$	14,560,748	$	14,510,628	63534

SUBSIDY APPROPRIATION

63535

Upon approval by the Director of Budget and Management, the	63536
foregoing appropriation items shall be released to the Ohio	63537
Historical Society in quarterly amounts that in total do not	63538
exceed the annual appropriations. The funds and fiscal records of	63539
the society for fiscal years 2008 and 2009 shall be examined by	63540
independent certified public accountants approved by the Auditor	63541
of State, and a copy of the audited financial statements shall be	63542
filed with the Office of Budget and Management. The society shall	63543
prepare and submit to the Office of Budget and Management the	63544
following:	63545

(A) An estimated operating budget for each fiscal year of the	63546
biennium. The operating budget shall be submitted at or near the	63547
beginning of each calendar year.	63548

(B) Financial reports, indicating actual receipts and	63549
expenditures for the fiscal year to date. These reports shall be	63550
filed at least semiannually during the fiscal biennium.	63551

The foregoing appropriations shall be considered to be the	63552
contractual consideration provided by the state to support the	63553
state's offer to contract with the Ohio Historical Society under	63554
section 149.30 of the Revised Code.	63555

HAYES PRESIDENTIAL CENTER

63556

If a United States government agency, including, but not	63557
limited to, the National Park Service, chooses to take over the	63558
operations or maintenance of the Hayes Presidential Center, in	63559
whole or in part, the Ohio Historical Society shall make	63560
arrangements with the National Park Service or other United States	63561
government agency for the efficient transfer of operations or	63562
maintenance.	63563

HISTORICAL GRANTS

63564

Of the foregoing appropriation item 360-508, State Historical	63565
Grants, $30,000 in fiscal year 2008 shall be distributed to the	63566
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	63567
distributed to the Center for Holocaust and Humanity Education	63568
located at the Hebrew Union College-Jewish Institute of Religion	63569
in Cincinnati, $350,000 in each fiscal year shall be distributed	63570
to the Western Reserve Historical Society, $350,000 in each fiscal	63571
year shall be distributed to the Cincinnati Museum Center, and up	63572
to $18,000 in fiscal year 2008 shall be distributed to the	63573
Muskingum River Underground Railroad Historic Marker Project.	63574

PROCESSING FEES

63575

The Ohio Historical Society shall not charge or retain an	63576
administrative, service, or processing fee for distributing money	63577
that the General Assembly appropriates to the Society for grants	63578
or subsidies that the Society provides to other entities for their	63579
site-related programs.	63580

Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES

63581

General Revenue Fund

63582

GRF	025-321		Operating Expenses		$	20,574,568		$	20,574,568		63583
TOTAL GRF General Revenue Fund					$	20,574,568		$	20,574,568		63584

General Services Fund Group

63585

103	025-601	House Reimbursement	$	1,433,664	$	1,433,664	63586
4A4	025-602	Miscellaneous Sales	$	37,849	$	37,849	63587
TOTAL GSF General Services							63588
Fund Group			$	1,471,513	$	1,471,513	63589
TOTAL ALL BUDGET FUND GROUPS			$	22,046,081	$	22,046,081	63590

OPERATING EXPENSES

63591

On July 1, 2007, or as soon as possible thereafter, the Chief	63592
Administrative Officer of the House of Representatives shall	63593
certify to the Director of Budget and Management the total fiscal	63594
year 2007 unencumbered appropriations in appropriation item	63595
025-321, Operating Expenses. The Chief Administrative Officer may	63596
direct the Director of Budget and Management to transfer an amount	63597
not to exceed the total fiscal year 2007 unencumbered	63598
appropriations to fiscal year 2008 for use within appropriation	63599
item 025-321, Operating Expenses. Additional appropriation	63600
authority equal to the amount certified by the Chief	63601
Administrative Officer is hereby appropriated to appropriation	63602
item 025-321, Operating Expenses, in fiscal year 2008.	63603

On July 1, 2008, or as soon as possible thereafter, the Chief	63604
Administrative Officer of the House of Representatives shall	63605
certify to the Director of Budget and Management the total fiscal	63606
year 2008 unencumbered appropriations in appropriation item	63607
025-321, Operating Expenses. The Chief Administrative Officer may	63608
direct the Director of Budget and Management to transfer an amount	63609
not to exceed the total fiscal year 2008 unencumbered	63610
appropriations to fiscal year 2009 for use within appropriation	63611
item 025-321, Operating Expenses. Additional appropriation	63612
authority equal to the amount certified by the Chief	63613
Administrative Officer is hereby appropriated to appropriation	63614
item 025-321, Operating Expenses, in fiscal year 2009.	63615

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

63616

Agency Fund Group

63617

5AZ	997-601	Housing Finance Agency Personal Services	$	9,750,953	$	10,237,491	63618
TOTAL AGY Agency Fund Group			$	9,750,953	$	10,237,491	63619
TOTAL ALL BUDGET FUND GROUPS			$	9,750,953	$	10,237,491	63620

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

63622

General Revenue Fund

63623

GRF	965-321		Operating Expenses		$	1,367,372		$	1,437,901		63624
TOTAL GRF General Revenue Fund					$	1,367,372		$	1,437,901		63625

General Services Fund Group

63626

4Z3	965-602	Special Investigations	$	425,000	$	425,000	63627
TOTAL GSF General Services Fund Group			$	425,000	$	425,000	63628
TOTAL ALL BUDGET FUND GROUPS			$	1,792,372	$	1,862,901	63629

Section 307.10. INS DEPARTMENT OF INSURANCE

63631

Federal Special Revenue Fund Group

63632

3U5	820-602	OSHIIP Operating Grant	$	1,100,000	$	1,100,000	63633
TOTAL FED Federal Special							63634
Revenue Fund Group			$	1,100,000	$	1,100,000	63635

State Special Revenue Fund Group

63636

554	820-601	Operating Expenses - OSHIIP	$	553,750	$	569,269	63637
554	820-606	Operating Expenses	$	23,350,236	$	23,802,797	63638
555	820-605	Examination	$	7,639,581	$	7,868,768	63639
TOTAL SSR State Special Revenue							63640
Fund Group			$	31,543,567	$	32,240,834	63641
TOTAL ALL BUDGET FUND GROUPS			$	32,643,567	$	33,340,834	63642

MARKET CONDUCT EXAMINATION

63643

When conducting a market conduct examination of any insurer	63644
doing business in this state, the Superintendent of Insurance may	63645
assess the costs of the examination against the insurer. The	63646
superintendent may enter into consent agreements to impose	63647
administrative assessments or fines for conduct discovered that	63648
may be violations of statutes or rules administered by the	63649
superintendent. All costs, assessments, or fines collected shall	63650
be deposited to the credit of the Department of Insurance	63651
Operating Fund (Fund 554).	63652

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

63653

The Director of Budget and Management, at the request of the	63654
Superintendent of Insurance, may transfer funds from the	63655
Department of Insurance Operating Fund (Fund 554), established by	63656
section 3901.021 of the Revised Code, to the Superintendent's	63657
Examination Fund (Fund 555), established by section 3901.071 of	63658
the Revised Code, only for expenses incurred in examining domestic	63659
fraternal benefit societies as required by section 3921.28 of the	63660
Revised Code.	63661

TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND

63662

Not later than the thirty-first day of July each fiscal year,	63663
the Director of Budget and Management shall transfer $5,000,000	63664
from the Department of Insurance Operating Fund to the General	63665
Revenue Fund.	63666

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

63667

General Revenue Fund

63668

GRF	600-321	Support Services					63669
		State	$	50,785,978	$	52,571,413	63670
		Federal	$	10,460,286	$	11,290,237	63671
		Support Services Total	$	61,246,264	$	63,861,650	63672
GRF	600-410	TANF State	$	272,619,061	$	272,619,061	63673
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	63674
GRF	600-416	Computer Projects					63675
		State	$	115,701,181	$	116,419,033	63676
		Federal	$	21,548,144	$	21,192,117	63677
		Computer Projects Total	$	137,249,325	$	137,611,150	63678
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	63679
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	63680
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	63681
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	63682
GRF	600-425	Office of Ohio Health Plans					63683
		State	$	22,500,000	$	22,500,000	63684
		Federal	$	23,324,848	$	23,418,368	63685
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	63686
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	63687
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	63688
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	63689
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	63690
GRF	600-523	Children and Families Services	$	78,515,135	$	78,515,135	63691
GRF	600-525	Health Care/Medicaid					63692
		State	$	3,420,852,719	$	3,547,124,242	63693
		Federal	$	5,208,659,435	$	5,714,381,823	63694
		Health Care Total	$	8,629,512,154	$	9,261,506,065	63695
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	63696
GRF	600-528	Adoption Services					63697
		State	$	37,520,466	$	43,978,301	63698
		Federal	$	41,304,043	$	49,196,065	63699
		Adoption Services Total	$	78,824,509	$	93,174,366	63700
GRF	600-534	Adult Protective Services	$	100,000	$	100,000	63701
TOTAL GRF General Revenue Fund							63702
		State	$	4,545,061,498	$	4,703,308,810	63703
		Federal	$	5,305,296,756	$	5,819,478,610	63704
		GRF Total	$	9,850,358,254	$	10,522,787,420	63705

General Services Fund Group

63706

4A8	600-658	Child Support Collections	$	26,680,794	$	26,680,794	63707
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	63708
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	63709
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	63710
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	56,296,844	63711
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	63712
5P5	600-692	Health Care Services	$	93,000,000	$	62,000,000	63713
613	600-645	Training Activities	$	135,000	$	135,000	63714
TOTAL GSF General Services							63715
Fund Group			$	463,594,635	$	448,936,964	63716

Federal Special Revenue Fund Group

63717

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	63718
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	63719
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	63720
3F0	600-623	Health Care Federal	$	1,209,188,383	$	1,211,196,561	63721
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	63722
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	63723
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	63724
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	63725
3S5	600-622	Child Support Projects	$	534,050	$	534,050	63726
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	63727
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	63728
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	63729
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	63730
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	63731
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	63732
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	63733
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	63734
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	63735
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	63736
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	63737
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	63738
397	600-626	Child Support	$	303,661,307	$	303,538,962	63739
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	63740
TOTAL FED Federal Special Revenue							63741
Fund Group			$	5,841,238,957	$	5,926,277,119	63742

State Special Revenue Fund Group

63743

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	63744
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	63745
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	63746
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	63747
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	63748
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	63749
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	63750
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	19,332,437	63751
4R3	600-687	Banking Fees	$	800,000	$	800,000	63752
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	63753
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	63754
5ES	600-630	Food Assistance	$	500,000	$	500,000	63755
5F2	600-667	Building Consolidation	$	250,000	$	250,000	63756
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	63757
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	63758
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	63759
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	63760
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	63761
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	63762
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	63763
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	63764
TOTAL SSR State Special Revenue							63765
Fund Group			$	590,002,192	$	592,160,540	63766

Agency Fund Group

63767

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	63768
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	63769
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	63770
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	63771

Holding Account Redistribution Fund Group

63772

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	63773
R13	600-644	Forgery Collections	$	10,000	$	10,000	63774
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	63775
TOTAL ALL BUDGET FUND GROUPS			$	16,876,804,038	$	17,621,772,043	63776

Section 309.20. SUPPORT SERVICES

63778

Section 309.20.10. GOVERNOR'S OFFICE OF FAITH-BASED AND	63779
COMMUNITY INITIATIVES	63780

Of the foregoing appropriation item 600-321, Support	63781
Services, up to $312,500 per fiscal year may be used to support	63782
the activities of the Governor's Office of Faith-Based and	63783
Community Initiatives.	63784

Section 309.20.15. OPERATIONS INDUSTRIALIZATION CENTERS

63785

Of the foregoing appropriation item 600-321, Support	63786
Services, $75,000 in each fiscal year shall be provided to the	63787
Operations Industrialization Centers of Clark County.	63788

Section 309.20.30. AGENCY FUND GROUP

63789

The Agency Fund Group and Holding Account Redistribution Fund	63790
Group shall be used to hold revenues until the appropriate fund is	63791
determined or until the revenues are directed to the appropriate	63792
governmental agency other than the Department of Job and Family	63793
Services. If it is determined that additional appropriation	63794
authority is necessary, such amounts are hereby appropriated.	63795

Section 309.30. MEDICAID

63796

Section 309.30.10. HEALTH CARE/MEDICAID

63797

The foregoing appropriation item 600-525, Health	63798
Care/Medicaid, shall not be limited by section 131.33 of the	63799
Revised Code.	63800

Section 309.30.13. CHILDREN'S HOSPITALS

63801

(A) As used in this section:

63802

"Children's hospital" means a hospital that primarily serves	63803
patients eighteen years of age and younger and is excluded from	63804
Medicare prospective payment in accordance with 42 C.F.R.	63805
412.23(d).	63806

"Medicaid inpatient cost-to-charge ratio" means the historic	63807
Medicaid inpatient cost-to-charge ratio applicable to a hospital	63808
as described in rules adopted by the Director of Job and Family	63809
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	63810
Administrative Code.	63811

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	63812
the Administrative Code and except as provided in division (C) of	63813
this section, the Director of Job and Family Services shall pay a	63814
children's hospital that meets the criteria in paragraphs (E)(1)	63815
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	63816
cost outlier claim made in fiscal years 2008 and 2009, an amount	63817
that is the product of the hospital's allowable charges and the	63818
hospital's Medicaid inpatient cost-to-charge ratio.	63819

(C) If at any time the cumulative amount of payments for cost	63820
outlier claims made under division (B) of this section in each of	63821
fiscal years 2008 and 2009, respectively, exceeds the sum of the	63822
state funds earmarked in division (F) of this section for the	63823
applicable fiscal year and the corresponding federal match, the	63824
Director of Job and Family Services shall revert to paying each	63825
children's hospital for a cost outlier claim according to the	63826
methodology described in paragraph (A)(6) or (C)(5) of rule	63827
5101:3-2-07.9 of the Administrative Code, as applicable.	63828

(D) If the cumulative amount of payments for cost outlier	63829
claims made under division (B) of this section in each of fiscal	63830
years 2008 and 2009, respectively, does not require the	63831
expenditure of all state and federal funds earmarked in division	63832
(F) of this section for the applicable fiscal year, the remaining	63833
state and federal funds earmarked for the applicable fiscal year	63834
shall be used by the Department of Job and Family Services to make	63835
supplemental Medicaid payments to children's hospitals for	63836
inpatient services under a program modeled after the program the	63837
Department of Job and Family Services was required to create for	63838
fiscal years 2006 and 2007 in Section 206.66.79 of Am. Sub. H.B.	63839
66 of the 126th General Assembly.	63840

(E) The Director of Job and Family Services shall not adopt,	63841
amend, or rescind any rules that would result in decreasing the	63842
amount paid to children's hospitals under division (B) of this	63843
section for cost outlier claims.	63844

(F) Of the foregoing appropriation item, 600-525, Health	63845
Care/Medicaid, up to $6 million (state share) in each fiscal year	63846
plus the corresponding federal match, if available, shall be used	63847
by the Department to pay the amounts described in division (B) of	63848
this section.	63849

Section 309.30.16. MEDICAID RESERVE FUND

63850

The Medicaid Reserve Fund is hereby created in the state	63851
treasury.	63852

Not later than July 31, 2007, or as soon as possible	63853
thereafter, the Director of Budget and Management shall transfer,	63854
for fiscal year 2008, $120,000,000 in cash from the General	63855
Revenue Fund to the Medicaid Reserve Fund.	63856

If at any time during fiscal year 2008 the Director of Budget	63857
and Management determines that additional appropriations are	63858
needed in appropriation item 600-525, Health Care/Medicaid, to	63859
fund the Medicaid Program, the Director of Budget and Management	63860
may submit a request to the Controlling Board to transfer cash	63861
from the Medicaid Reserve Fund. The request shall state the	63862
reasons for the transfer and the additional amounts being	63863
requested. The request shall be submitted at a regularly scheduled	63864
meeting of the Controlling Board. If the Controlling Board	63865
approves the transfer, the Director of Budget and Management shall	63866
transfer the approved amount of cash from the Medicaid Reserve	63867
Fund to the General Revenue Fund and increase the state share of	63868
appropriations in appropriation item 600-525, Health	63869
Care/Medicaid, and adjust the federal share accordingly. Any such	63870
transfers and adjustments are hereby appropriated.	63871

At the end of fiscal year 2008, the Director of Budget and	63872
Management shall transfer from the Medicaid Reserve Fund all the	63873
cash balance, including any interest earnings, in excess of any	63874
transfers approved by the Controlling Board to the credit of the	63875
General Revenue Fund. The Director of Budget and Management shall	63876
make transfers to the Budget Stabilization Fund or the Income Tax	63877
Reduction Fund in accordance with section 131.44 of the Revised	63878
Code.	63879

Not later than July 31, 2008, or as soon as possible	63880
thereafter, the Director of Budget and Management shall transfer,	63881
for fiscal year 2009, $205,000,000 in cash from the General	63882
Revenue Fund to the Medicaid Reserve Fund.	63883

If at any time during fiscal year 2009 the Director of Budget	63884
and Management determines that additional appropriations are	63885
needed in appropriation item 600-525, Health Care/Medicaid, to	63886
fund the Medicaid Program, the Director of Budget and Management	63887
may submit a request to the Controlling Board to transfer cash	63888
from the Medicaid Reserve Fund. The request shall state the	63889
reasons for the transfer and the additional amounts being	63890
requested. The request shall be submitted at a regularly scheduled	63891
meeting of the Controlling Board. If the Controlling Board	63892
approves the transfer, the Director of Budget and Management shall	63893
transfer the approved amount of cash from the Medicaid Reserve	63894
Fund to the General Revenue Fund and increase the state share of	63895
appropriations in appropriation item 600-525, Health	63896
Care/Medicaid, and adjust the federal share accordingly. Any such	63897
transfers and adjustments are hereby appropriated.	63898

At the end of fiscal year 2009, the Director of Budget and	63899
Management shall transfer from the Medicaid Reserve Fund all the	63900
cash balance, including any interest earnings, in excess of any	63901
transfers approved by the Controlling Board to the credit of the	63902
General Revenue Fund. The Director of Budget and Management shall	63903
make transfers to the Budget Stabilization Fund and the Income Tax	63904
Reduction Fund in accordance with section 131.44 of the Revised	63905
Code.	63906

Section 309.30.18. MEDICAID PROVIDER AUDITS

63907

Of the foregoing appropriation item 600-417, Medicaid	63908
Provider Audits, $2,000,000 each fiscal year shall be used by the	63909
Auditor of State, in consultation with the Department of Job and	63910
Family Services, to perform audits of providers of Medicaid	63911
services as defined in section 117.10 of the Revised Code.	63912

Section 309.30.20. FISCAL YEAR 2008 MEDICAID REIMBURSEMENT	63913
SYSTEM FOR NURSING FACILITIES	63914

(A) As used in this section:

63915

"Franchise permit fee," "Medicaid days," "nursing facility,"	63916
and "provider" have the same meanings as in section 5111.20 of the	63917
Revised Code.	63918

"Nursing facility services" means nursing facility services	63919
covered by the Medicaid program that a nursing facility provides	63920
to a resident of the nursing facility who is a Medicaid recipient	63921
eligible for Medicaid-covered nursing facility services.	63922

(B) Except as otherwise provided by this section, the	63923
provider of a nursing facility that has a valid Medicaid provider	63924
agreement on June 30, 2007, and a valid Medicaid provider	63925
agreement during fiscal year 2008 shall be paid, for nursing	63926
facility services the nursing facility provides during fiscal year	63927
2008, the rate calculated for the nursing facility under sections	63928
5111.20 to 5111.33 of the Revised Code with the following	63929
adjustments:	63930

(1) The cost per case mix-unit calculated under section	63931
5111.231 of the Revised Code, the rate for ancillary and support	63932
costs calculated under section 5111.24 of the Revised Code, the	63933
rate for capital costs calculated under section 5111.25 of the	63934
Revised Code, and the rate for tax costs calculated under section	63935
5111.242 of the Revised Code shall each be adjusted as follows:	63936

(a) Increase the cost and rates so calculated by two per	63937
cent;	63938

(b) Increase the cost and rates determined under division	63939
(B)(1)(a) of this section by two per cent;	63940

(c) Increase the cost and rates determined under division	63941
(B)(1)(b) of this section by two and eight-tenths per cent.	63942

(2) The mean payment used in the calculation of the quality	63943
incentive payment made under section 5111.244 of the Revised Code	63944
shall be, weighted by Medicaid days, three dollars and six cents	63945
per Medicaid day.	63946

(C) If the rate determined for a nursing facility under	63947
division (B) of this section for nursing facility services	63948
provided during fiscal year 2008 is more than one hundred nine and	63949
eighty-five hundredths per cent of the rate the provider is paid	63950
for nursing facility services the nursing facility provides on	63951
June 30, 2007, the Department of Job and Family Services shall	63952
reduce the nursing facility's fiscal year 2008 rate so that the	63953
rate is not more than one hundred nine and eighty-five hundredths	63954
per cent of the nursing facility's rate for June 30, 2007. If the	63955
rate determined for a nursing facility under division (B) of this	63956
section for nursing facility services provided during fiscal year	63957
2008 is less than the rate the provider is paid for nursing	63958
facility services the nursing facility provides on June 30, 2007,	63959
the Department shall increase the nursing facility's fiscal year	63960
2008 rate so that the rate is not less than the nursing facility's	63961
rate for June 30, 2007.	63962

(D) If the United States Centers for Medicare and Medicaid	63963
Services requires that the franchise permit fee be reduced or	63964
eliminated, the Department of Job and Family Services shall reduce	63965
the amount it pays providers of nursing facility services under	63966
this section as necessary to reflect the loss to the state of the	63967
revenue and federal financial participation generated from the	63968
franchise permit fee.	63969

(E) The Department of Job and Family Services shall follow	63970
this section in determining the rate to be paid to the provider of	63971
a nursing facility that has a valid Medicaid provider agreement on	63972
June 30, 2007, and a valid Medicaid provider agreement during	63973
fiscal year 2008 notwithstanding anything to the contrary in	63974
sections 5111.20 to 5111.33 of the Revised Code.	63975

Section 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	63976
SYSTEM FOR NURSING FACILITIES	63977

(A) As used in this section:

63978

"Franchise permit fee," "Medicaid days," "nursing facility,"	63979
and "provider" have the same meanings as in section 5111.20 of the	63980
Revised Code.	63981

"Nursing facility services" means nursing facility services	63982
covered by the Medicaid program that a nursing facility provides	63983
to a resident of the nursing facility who is a Medicaid recipient	63984
eligible for Medicaid-covered nursing facility services.	63985

(B) Except as otherwise provided by this section, the	63986
provider of a nursing facility that has a valid Medicaid provider	63987
agreement on June 30, 2008, and a valid Medicaid provider	63988
agreement during fiscal year 2009 shall be paid, for nursing	63989
facility services the nursing facility provides during fiscal year	63990
2009, the rate calculated for the nursing facility under sections	63991
5111.20 to 5111.33 of the Revised Code with the following	63992
adjustments:	63993

(1) The cost per case mix-unit calculated under section	63994
5111.231 of the Revised Code, the rate for ancillary and support	63995
costs calculated under section 5111.24 of the Revised Code, the	63996
rate for capital costs calculated under section 5111.25 of the	63997
Revised Code, and the rate for tax costs calculated under section	63998
5111.242 of the Revised Code shall each be adjusted as follows:	63999

(a) Increase the cost and rates so calculated by two per	64000
cent;	64001

(b) Increase the cost and rates determined under division	64002
(B)(1)(a) of this section by two per cent;	64003

(c) Increase the cost and rates determined under division	64004
(B)(1)(b) of this section by two and eight-tenths per cent;	64005

(d) Increase the cost and rates determined under division	64006
(B)(1)(c) of this section by one half of a per cent.	64007

(2) The mean payment used in the calculation of the quality	64008
incentive payment made under section 5111.244 of the Revised Code	64009
shall be, weighted by Medicaid days, three dollars and twelve	64010
cents per Medicaid day.	64011

(C) If the rate determined for a nursing facility under	64012
division (B) of this section for nursing facility services	64013
provided during fiscal year 2009 is more than the rate the	64014
provider is paid for nursing facility services the nursing	64015
facility provides on June 30, 2008, the Department of Job and	64016
Family Services shall reduce the nursing facility's fiscal year	64017
2009 rate so that the rate is not more than the nursing facility's	64018
rate for June 30, 2008. If the rate determined for a nursing	64019
facility under division (B) of this section for nursing facility	64020
services provided during fiscal year 2009 is less than the rate	64021
the provider is paid for nursing facility services the nursing	64022
facility provides on June 30, 2008, the Department shall increase	64023
the nursing facility's fiscal year 2009 rate so that the rate is	64024
not less than the nursing facility's rate for June 30, 2008.	64025

(D) If the United States Centers for Medicare and Medicaid	64026
Services requires that the franchise permit fee be reduced or	64027
eliminated, the Department of Job and Family Services shall reduce	64028
the amount it pays providers of nursing facility services under	64029
this section as necessary to reflect the loss to the state of the	64030
revenue and federal financial participation generated from the	64031
franchise permit fee.	64032

(E) The Department of Job and Family Services shall follow	64033
this section in determining the rate to be paid to the provider of	64034
a nursing facility that has a valid Medicaid provider agreement on	64035
June 30, 2008, and a valid Medicaid provider agreement during	64036
fiscal year 2009 notwithstanding anything to the contrary in	64037
sections 5111.20 to 5111.33 of the Revised Code.	64038

Section 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	64039
REIMBURSEMENT SYSTEM FOR ICFs/MR	64040

(A) As used in this section:

64041

"Intermediate care facility for the mentally retarded" has	64042
the same meaning as in section 5111.20 of the Revised Code.	64043

"Medicaid days" means all days during which a resident who is	64044
a Medicaid recipient occupies a bed in an intermediate care	64045
facility for the mentally retarded that is included in the	64046
facility's Medicaid-certified capacity. Therapeutic or hospital	64047
leave days for which payment is made under section 5111.33 of the	64048
Revised Code are considered Medicaid days proportionate to the	64049
percentage of the intermediate care facility for the mentally	64050
retarded's per resident per day rate paid for those days.	64051

"Per diem rate" means the per diem rate calculated pursuant	64052
to sections 5111.20 to 5111.33 of the Revised Code.	64053

(B) Notwithstanding sections 5111.20 to 5111.33 of the	64054
Revised Code, rates paid to intermediate care facilities for the	64055
mentally retarded under the Medicaid program shall be subject to	64056
the following limitations:	64057

(1) For fiscal year 2008, the mean total per diem rate for	64058
all intermediate care facilities for the mentally retarded in the	64059
state, weighted by May 2007 Medicaid days and calculated as of	64060
July 1, 2007, shall not exceed $266.14.	64061

(2) For fiscal year 2009, the mean total per diem rate for	64062
all intermediate care facilities for the mentally retarded in the	64063
state, weighted by May 2008 Medicaid days and calculated as of	64064
July 1, 2008, shall not exceed $271.46.	64065

(3) If the mean total per diem rate for all intermediate care	64066
facilities for the mentally retarded in the state for fiscal year	64067
2008 or 2009, weighted by Medicaid days as specified in division	64068
(B)(1) or (2) of this section, as appropriate, and calculated as	64069
of the first day of July of the calendar year in which the fiscal	64070
year begins, exceeds the amount specified in division (B)(1) or	64071
(2) of this section, as applicable, the Department of Job and	64072
Family Services shall reduce the total per diem rate for each	64073
intermediate care facility for the mentally retarded in the state	64074
by a percentage that is equal to the percentage by which the mean	64075
total per diem rate exceeds the amount specified in division	64076
(B)(1) or (2) of this section for that fiscal year.	64077

(4) Subsequent to any reduction required by division (B)(3)	64078
of this section, the rate of an intermediate care facility for the	64079
mentally retarded shall not be subject to any adjustments	64080
authorized by sections 5111.20 to 5111.33 of the Revised Code	64081
during the remainder of the year.	64082

Section 309.30.45. INCREASE IN MEDICAID RATES FOR PASSPORT	64083
SERVICES	64084

As used in this section, "PASSPORT program" means the program	64085
created under section 173.40 of the Revised Code.	64086

The Director of Job and Family Services shall amend the rules	64087
adopted under section 5111.85 of the Revised Code as necessary to	64088
accomplish the following:	64089

(A) Increase, for fiscal year 2008, the Medicaid	64090
reimbursement rates for services provided under the PASSPORT	64091
program to rates that result in an amount that is three per cent	64092
higher than the amount resulting from the rates in effect June 30,	64093
2007.	64094

(B) Increase, for fiscal year 2009, the Medicaid	64095
reimbursement rates for services provided under the PASSPORT	64096
program to rates that result in an amount that is three per cent	64097
higher than the amount resulting from the rates in effect June 30,	64098
2008.	64099

Section 309.30.50. HOME FIRST PROGRAM

64100

(A) On a quarterly basis, on receipt of the certified	64101
expenditures related to section 173.401 of the Revised Code, the	64102
Director of Budget and Management shall do all of the following	64103
for fiscal years 2008 and 2009:	64104

(1) Transfer the state share of the amount of the actual	64105
expenditures from GRF appropriation item 600-525, Health	64106
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;	64107

(2) Increase the appropriation in Ohio Department of Aging	64108
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal	64109
share of the amount of the actual expenditures;	64110

(3) Increase the appropriation in JFS Fund 3G5, appropriation	64111
item 600-655, Interagency Reimbursement, by the federal share of	64112
the amount of the actual expenditures.	64113

The funds that the Director of Budget and Management	64114
transfers and increases under this division are hereby	64115
appropriated.	64116

(B) The individuals placed in the PASSPORT program pursuant	64117
to this section shall be in addition to the individuals placed in	64118
the PASSPORT program during fiscal years 2008 and 2009 based on	64119
the amount of money that is in GRF appropriation item 490-403,	64120
PASSPORT; Fund 4J4, appropriation item 490-610,	64121
PASSPORT/Residential State Supplement; Fund 4U9, appropriation	64122
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item	64123
490-607, PASSPORT, before any transfers to GRF appropriation item	64124
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,	64125
PASSPORT, are made under this section.	64126

Section 309.30.53. RESIDENTIAL STATE SUPPLEMENT TRANSFER

64127

On a quarterly basis, on receipt of the certified residential	64128
state supplement costs related to section 173.351 of the Revised	64129
Code, the Director of Budget and Management shall do the	64130
following:	64131

(A) Transfer the state share of the amount of the estimated	64132
costs from GRF appropriation item 600-525, Health Care/Medicaid,	64133
to GRF appropriation item 490-412, Residential State Supplement;	64134

(B) The Department of Aging may transfer cash by intrastate	64135
transfer vouchers from the foregoing appropriation item 490-412,	64136
Residential State Supplement, and 490-610, PASSPORT/Residential	64137
State Supplement, to the Department of Job and Family Services	64138
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	64139
funds shall be used to make benefit payments to Residential State	64140
Supplement recipients.	64141

The funds that the Director of Budget and Management	64142
transfers and increases under this division are hereby	64143
appropriated.	64144

Section 309.30.56. HEALTH ASSISTANCE FOR CHILDREN WITH	64145
CATASTROPHIC ILLNESS	64146

The Director of Budget and Management may increase the state	64147
share of appropriations in appropriation item 600-525, Health	64148
Care/Medicaid, and adjust the federal share accordingly, in order	64149
to pay the costs associated with section 5111.71 of the Revised	64150
Code.	64151

Section 309.30.60. MEDICAID COVERAGE OF CHIROPRACTIC SERVICES

64152

(A) As used in this section, "adult Medicaid recipient" means	64153
a Medicaid recipient twenty-two years of age or older.	64154

(B) For the period beginning January 1, 2008, and ending June	64155
30, 2009, and subject to division (C) of this section, the	64156
Medicaid Program shall cover chiropractic services for adult	64157
Medicaid recipients in an amount, duration, and scope specified in	64158
rules that the Director of Job and Family Services shall adopt	64159
under section 5111.02 of the Revised Code.	64160

(C) The Medicaid Program's coverage of chiropractic services	64161
under this section shall be limited to fifteen visits per adult	64162
Medicaid recipient per fiscal year.	64163

Section 309.30.70. MONEY FOLLOWS THE PERSON

64164

(A) Subject to division (B) of this section, the Director of	64165
Budget and Management may do any of the following in support of	64166
any home and community-based services waiver program:	64167

(1) Create new funds and account appropriation items to	64168
support and track funds associated with a unified long-term care	64169
budget;	64170

(2) Transfer funds among affected agencies and adjust	64171
corresponding appropriation levels;	64172

(3) Develop a reporting mechanism to show clearly how the	64173
funds are being transferred and expended.	64174

(B) Before an action may be taken under division (A) of this	64175
section, the Director shall present the proposed action to the	64176
Controlling Board. The Controlling Board shall review the proposed	64177
action and either approve or disapprove the action. The Director	64178
shall not implement the proposed action unless the action is	64179
approved by the Controlling Board.	64180

Section 309.30.90. MEDICAID ELIGIBILITY FOR PREGNANT WOMEN

64181

The Director of Job and Family Services shall, not later than	64182
ninety days after the effective date of this section, submit to	64183
the United States Secretary of Health and Human Services an	64184
amendment to the state Medicaid plan to increase to two hundred	64185
per cent of the federal poverty guidelines the income limit	64186
specified in division (A)(2) of section 5111.014 of the Revised	64187
Code. The increase shall be implemented not earlier than January	64188
1, 2008.	64189

* Section 309.30.95. MEDICAID BUY-IN ADVISORY COUNCIL

64190

The Director of Job and Family Services shall call the	64191
Medicaid Buy-In Advisory Council established under section	64192
5111.708 of the Revised Code to meet for the first time not later	64193
than sixty days after the effective date of this section.	64194

Section 309.31.10. MEDICARE PART D

64195

The foregoing appropriation item 600-526, Medicare Part D,	64196
may be used by the Department of Job and Family Services for the	64197
implementation and operation of the Medicare Part D requirements	64198
contained in the "Medicare Prescription Drug, Improvement, and	64199
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	64200
the request of the Department of Job and Family Services, the	64201
Director of Budget and Management may increase the state share of	64202
appropriations in either appropriation item 600-525, Health	64203
Care/Medicaid, or appropriation item 600-526, Medicare Part D,	64204
with a corresponding decrease in the state share of the other	64205
appropriation item to allow the Department of Job and Family	64206
Services to implement and operate the new Medicare Part D	64207
requirements. If the state share of appropriation item 600-525,	64208
Health Care/Medicaid, is adjusted, the Director of Budget and	64209
Management shall adjust the federal share accordingly.	64210

Section 309.31.13. INCREASE IN FISCAL YEAR 2008 DISPENSING	64211
FEE FOR MULTIPLE SOURCE DRUGS	64212

(A) As used in this section, "multiple source drug" has the	64213
same meaning as in 42 U.S.C. 1396r-8(k)(7).	64214

(B) Not later than thirty days after the effective date of	64215
the regulation that the United States Secretary of Health and	64216
Human Services must promulgate under Section 6001(c)(3) of the	64217
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, the Director	64218
of Job and Family Services shall analyze the fiscal impact that	64219
the federal upper reimbursement limits established under 42 U.S.C.	64220
1396r-8(e)(4), as amended by section 6001 of the "Deficit	64221
Reduction Act of 2005," will have on pharmacists in fiscal year	64222
2008. The fiscal impact analysis shall include a projection of the	64223
revenue a pharmacist is expected to lose during fiscal year 2008	64224
from each unit of multiple source drug dispensed to a Medicaid	64225
recipient.	64226

(C) Notwithstanding section 5111.071 of the Revised Code, and	64227
subject to division (D) of this section, the Director shall, not	64228
later than ten days after completing the analysis required by	64229
division (B) of this section, increase the dispensing fee to be	64230
paid to pharmacists with a valid Medicaid provider agreement for	64231
dispensing a multiple source drug to a Medicaid recipient in	64232
fiscal year 2008. The amount of the increase shall be determined	64233
in a manner that compensates pharmacists for the loss of revenue	64234
the Director projects, under division (B) of this section, that	64235
pharmacists, on average, will incur during fiscal year 2008.	64236

(D) The total amount the Director expends under division (C)	64237
of this section to pay the increase in the dispensing fee in	64238
fiscal year 2008 shall not exceed the total savings that the	64239
Medicaid program is projected to save in that year as a result of	64240
the changes to the federal upper reimbursement limits established	64241
in 42 U.S.C. 1396r-8(e)(4) that were enacted by section 6001 of	64242
the "Deficit Reduction Act of 2005."	64243

Section 309.31.16. INCREASE IN FISCAL YEAR 2009 DISPENSING	64244
FEE FOR MULTIPLE SOURCE DRUGS	64245

(A) As used in this section, "multiple source drug" has the	64246
same meaning as in 42 U.S.C. 1396r-8(k)(7).	64247

(B) Not later than March 15, 2008, the Director of Job and	64248
Family Services shall analyze the fiscal impact that the federal	64249
upper reimbursement limits established under 42 U.S.C.	64250
1396r-8(e)(4), as amended by section 6001 of the "Deficit	64251
Reduction Act of 2005," Pub. L. No. 109-171, will have on	64252
pharmacists in fiscal year 2009. The fiscal impact analysis shall	64253
include a projection of the revenue a pharmacist is expected to	64254
lose during fiscal year 2009 from each unit of multiple source	64255
drug dispensed to a Medicaid recipient.	64256

(C) Notwithstanding section 5111.071 of the Revised Code and	64257
subject to division (D) of this section, the Director shall, not	64258
later than ten days after completing the analysis required under	64259
division (B) of this section, increase the dispensing fee to be	64260
paid to pharmacists with a valid Medicaid provider agreement for	64261
dispensing a multiple source drug to a Medicaid recipient in	64262
fiscal year 2009. The amount of the increase shall be determined	64263
in a manner that compensates pharmacists for the loss of revenue	64264
the Director projects, under division (B) of this section, that	64265
pharmacists, on average, will incur during fiscal year 2009.	64266

(D) The total amount the Director expends under division (C)	64267
of this section to pay the increase in the dispensing fee in	64268
fiscal year 2009 shall not exceed the total savings that the	64269
Medicaid program is projected to save in that fiscal year as a	64270
result of the changes to the federal upper reimbursement limits	64271
established in 42 U.S.C. 1396r-8(e)(4) that were enacted by	64272
section 6001 of the "Deficit Reduction Act of 2005."	64273

Section 309.31.20. RESIDENT PROTECTION FUND

64274

If the Director of Budget and Management determines that the	64275
Resident Protection Fund created in section 5111.62 of the Revised	64276
Code has a cash balance, less encumbrances and appropriations, of	64277
more than $2,000,000, the Department of Job and Family Services or	64278
its designee may issue a competitive request for grant proposals	64279
to support projects that will benefit the residents of nursing	64280
facilities that have been found to have deficiencies. The	64281
directors of Job and Family Services, Health, and Aging or their	64282
designees shall determine priority categories for funding, make	64283
awards, and determine which of the three agencies should	64284
administer each grant. Based on these determinations, the Director	64285
of Budget and Management may transfer cash and appropriations	64286
matching the amount of each award to the appropriate agency. Any	64287
such transfers are hereby appropriated.	64288

Section 309.31.30. OHIO ACCESS SUCCESS PROJECT

64289

Notwithstanding any limitations in sections 3721.51 and	64290
3721.56 of the Revised Code, in each fiscal year, cash from Fund	64291
4J5, Home and Community-Based Services for the Aged, in excess of	64292
the amounts needed for the transfers may be used by the Department	64293
of Job and Family Services for the following purposes: (A) up to	64294
$1.0 million in each fiscal year to fund the state share of audits	64295
of nursing facilities and intermediate care facilities for the	64296
mentally retarded; and (B) up to $350,000 in each fiscal year to	64297
provide one-time transitional benefits under the Ohio Access	64298
Success Project that the Director of Job and Family Services may	64299
establish under section 5111.88 of the Revised Code.	64300

Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF	64301
AGING	64302

The Department of Job and Family Services shall transfer,	64303
through intrastate transfer vouchers, cash from Fund 4J5, Home and	64304
Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in	64305
the Department of Aging. The sum of the transfers shall be	64306
$33,263,984 in each fiscal year. The transfer may occur on a	64307
quarterly basis or on a schedule developed and agreed to by both	64308
departments.	64309

Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS

64310

(A) At least quarterly, the Director of Job and Family	64311
Services shall certify to the Director of Budget and Management	64312
both of the following:	64313

(1) The amount of offsets withheld under section 3721.541 of	64314
the Revised Code from payments made from the General Revenue Fund.	64315

(2) The amount of offsets withheld under section 5112.341 of	64316
the Revised Code from payments made from the General Revenue Fund.	64317

(B) The Director of Budget and Management may transfer cash	64318
from the General Revenue Fund to all of the following:	64319

(1) Fund 4J5, Home and Community Based Services/Aged Fund, or	64320
Fund 5R2, Nursing Facility Stabilization Fund, in accordance with	64321
sections 3721.56 and 3721.561 of the Revised Code;	64322

(2) Fund 4K1, ICF/MR Bed Assessments.

64323

(C) Amounts transferred pursuant to this section are hereby	64324
appropriated.	64325

Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	64326
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	64327

The Department of Job and Family Services shall transfer,	64328
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	64329
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	64330
in the Department of Mental Retardation and Developmental	64331
Disabilities. The amount transferred shall equal $12,000,000 in	64332
each fiscal year. The transfer may occur on a quarterly basis or	64333
on a schedule developed and agreed to by both departments.	64334

Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES

64335

Notwithstanding any limitations contained in sections 5112.31	64336
and 5112.37 of the Revised Code, in each fiscal year, cash from	64337
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	64338
for transfers to Fund 4K8, Home and Community-Based Services, in	64339
the Department of Mental Retardation and Developmental	64340
Disabilities, may be used by the Department of Job and Family	64341
Services to cover costs of care provided to participants in a	64342
waiver with an ICF/MR level of care requirement administered by	64343
the Department of Job and Family Services.	64344

Section 309.31.80. PAYMENTS FROM THE DEPARTMENT OF EDUCATION	64345
FOR MEDICAID SERVICES	64346

At the request of the Director of Job and Family Services,	64347
the Director of Budget and Management may increase the	64348
appropriation in appropriation item 600-639, Medicaid Revenue and	64349
Collections, by the amounts paid to the department pursuant to	64350
section 3317.023 of the Revised Code.	64351

Section 309.31.90. HOSPITAL CARE ASSURANCE MATCH

64352

Appropriation item 600-650, Hospital Care Assurance Match,	64353
shall be used by the Department of Job and Family Services solely	64354
for distributing funds to hospitals under section 5112.08 of the	64355
Revised Code.	64356

Section 309.32.10. HEALTH CARE SERVICES ADMINISTRATION FUND

64357

Of the amount received by the Department of Job and Family	64358
Services during fiscal year 2008 and fiscal year 2009 from the	64359
first installment of assessments paid under section 5112.06 of the	64360
Revised Code and intergovernmental transfers made under section	64361
5112.07 of the Revised Code, the Director of Job and Family	64362
Services shall deposit $350,000 in each fiscal year into the state	64363
treasury to the credit of the Health Care Services Administration	64364
Fund (Fund 5U3).	64365

Section 309.32.20. MEDICAID PROGRAM SUPPORT FUND - STATE

64366

The foregoing appropriation item 600-671, Medicaid Program	64367
Support, shall be used by the Department of Job and Family	64368
Services to pay for Medicaid services and contracts. The	64369
Department may also deposit to Fund 5C9 revenues received from	64370
other state agencies for Medicaid services under the terms of	64371
interagency agreements between the Department and other state	64372
agencies, and all funds the Department recovers because the	64373
benefits a person received under the disability medical assistance	64374
program established in section 5115.10 of the Revised Code were	64375
determined to be covered by the Medicaid Program established under	64376
Chapter 5111. of the Revised Code.	64377

Section 309.32.30. TRANSFERS OF IMD/DSH CASH TO THE	64378
DEPARTMENT OF MENTAL HEALTH	64379

The Department of Job and Family Services shall transfer,	64380
through intrastate transfer voucher, cash from Fund 5C9, Medicaid	64381
Program Support, to the Department of Mental Health's Fund 4X5,	64382
OhioCare, in accordance with an interagency agreement that	64383
delegates authority from the Department of Job and Family Services	64384
to the Department of Mental Health to administer specified	64385
Medicaid services.	64386

Section 309.32.40. PRESCRIPTION DRUG REBATE FUND

64387

The foregoing appropriation item 600-692, Health Care	64388
Services, shall be used by the Department of Job and Family	64389
Services to pay for Medicaid services and contracts.	64390

Section 309.32.50. DISABILITY DETERMINATION PROCESS

64391

Based on the recommendations made by the Disability	64392
Determination Consolidation Study Council, the Rehabilitation	64393
Services Commission and the Department of Job and Family Services	64394
shall work together to reduce the duplication of activities	64395
performed by each agency and develop a systems interface so that	64396
medical information for mutual clients may be transferred between	64397
the agencies.	64398

Section 309.32.60. PRIMARY CARE ALTERNATIVE TREATMENT PROGRAM

64399

The Director of Job and Family Services, not later than	64400
January 1, 2008, shall submit a report to the General Assembly on	64401
the Primary Alternative Care Treatment Program. The report shall	64402
compare the average monthly medical costs of current participants	64403
in the program with the average monthly costs of those individuals	64404
prior to participation in the program. Not later than January 1,	64405
2009, the Director shall submit an additional report on the total	64406
cost savings achieved through the program.	64407

Section 309.32.70. PHARMACEUTICAL REPORT

64408

The Director of Job and Family Services, not later than one	64409
year after the effective date of this section, shall submit a	64410
report to the General Assembly on the effect of Medicare Part D	64411
and the care management system established under section 5111.16	64412
of the Revised Code on the Supplemental Drug Rebate Program	64413
established under section 5111.081 of the Revised Code. The report	64414
shall evaluate the changing cost of pharmaceuticals for which	64415
supplemental rebates are made under the Supplemental Drug Rebate	64416
Program as a result of the high volume of drug purchases being	64417
transferred to Medicare Part D. The report shall include a review	64418
of the use of generic drugs by Medicaid recipients and cost	64419
savings to be achieved by increasing the use of generic drugs.	64420

Section 309.40. FAMILY STABILITY

64421

Section 309.40.10. WAIVER OF FOOD STAMP WORK REQUIREMENTS

64422

Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job	64423
and Family Services shall request that the United States Secretary	64424
of Agriculture waive the applicability of the work requirement of	64425
7 U.S.C. 2015(o)(2) during fiscal years 2008 and 2009 to food	64426
stamp benefit recipients who reside in a county of this state that	64427
the Department determines has an unemployment rate of over 10 per	64428
cent or does not have a sufficient number of jobs to provide	64429
employment for the recipients.	64430

Section 309.40.20. FOOD STAMPS TRANSFER

64431

On July 1, 2007, or as soon as possible thereafter, the	64432
Director of Budget and Management may transfer up to $1,000,000 in	64433
cash from Fund 384, Food Stamp Program, to Fund 5ES, Food	64434
Assistance.	64435

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	64436
BANKS	64437

As used in this section, "federal poverty guidelines" has the	64438
same meaning as in section 5101.46 of the Revised Code.	64439

Notwithstanding section 5101.46 of the Revised Code, the	64440
Department of Job and Family Services shall provide $5,500,000 in	64441
each fiscal year from the foregoing appropriation item 600-651,	64442
Second Harvest Food Banks, and $1,000,000 in each fiscal year from	64443
the foregoing appropriation item 600-659, TANF/Title XX Transfer	64444
(Fund 3W3), to the Ohio Association of Second Harvest Food Banks.	64445
The Department shall enter into a grant agreement with the Ohio	64446
Association of Second Harvest Food Banks to allow for the purchase	64447
of food and personal care products and the distribution of those	64448
products to agencies participating in the emergency food	64449
distribution program. Notwithstanding section 5101.46 of the	64450
Revised Code, the grant may permit the Ohio Association of Second	64451
Harvest Food Banks to use up to 5 per cent of the annual funding	64452
for administrative costs. As soon as possible after entering into	64453
a grant agreement at the beginning of each fiscal year, the	64454
Department may advance grant funds to the grantee under section	64455
5101.10 of the Revised Code and in accordance with federal law.	64456

Prior to entering into the grant agreement, the Ohio	64457
Association of Second Harvest Food Banks shall submit to the	64458
Department for approval a plan for the distribution of the food	64459
and personal care products to local food distribution agencies. If	64460
the plan meets the requirements and conditions established by the	64461
Department, the plan shall be incorporated into the grant	64462
agreement. The grant agreement shall also require the Ohio	64463
Association of Second Harvest Food Banks to ensure that local	64464
agencies will limit participation of individuals and families who	64465
receive any of the food and personal care products purchased with	64466
these funds to those who have an income at or below 200 per cent	64467
of the federal poverty guidelines. The Department and the Ohio	64468
Association of Second Harvest Food Banks shall agree on reporting	64469
requirements to be incorporated into the grant agreement,	64470
including a statement of expected performance outcomes from the	64471
Ohio Association of Second Harvest Food Banks and a requirement	64472
for their evaluation of their success in achieving those outcomes.	64473

Section 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

64474

The foregoing appropriation item 600-658, Child Support	64475
Collections, shall be used by the Department of Job and Family	64476
Services to meet the TANF maintenance of effort requirements of 42	64477
U.S.C. 609(a)(7). When the state is assured that it will meet the	64478
maintenance of effort requirement, the Department of Job and	64479
Family Services may use funds from appropriation item 600-658,	64480
Child Support Collections, to support child support activities.	64481

Section 309.40.40. TANF INITIATIVES

64482

The Department of Job and Family Services, in accordance with	64483
sections 5101.80 and 5101.801 of the Revised Code, shall take the	64484
steps necessary, through interagency agreement, adoption of rules,	64485
or otherwise as determined by the Department, to implement and	64486
administer the Title IV-A programs identified in this section.	64487

KINSHIP PERMANENCY INCENTIVE PROGRAM

64488

Of the foregoing appropriation item 600-689, TANF Block Grant	64489
(Fund 3V6), up to $10 million per fiscal year shall be used to	64490
support the activities of the Kinship Permanency Incentive Program	64491
created under section 5101.802 of the Revised Code.	64492

The Department of Job and Family Services shall prepare	64493
reports concerning both of the following:	64494

(A) Stability and permanency outcomes for children for whom	64495
incentive payments are made under the Kinship Permanency Incentive	64496
Program;	64497

(B) The total amount of payments made under the Program,	64498
patterns of expenditures made per child under the Program, and	64499
cost savings realized through the Program from placement with	64500
kinship caregivers rather than other out-of-home placements.	64501

The Department shall submit a report to the Governor, the	64502
Speaker and Minority Leader of the House of Representatives, and	64503
the President and Minority Leader of the Senate not later than	64504
December 31, 2008, and December 31, 2010.	64505

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

64506

Of the foregoing appropriation item 600-689, TANF Block Grant	64507
(Fund 3V6), the Department of Job and Family Services shall use up	64508
to $2,000,000 in each fiscal year to support expenditures of the	64509
Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801	64510
of the Revised Code to provide after-school programs that protect	64511
at-risk children and enable youth to become responsible adults.	64512
The Ohio Alliance of Boys and Girls Clubs shall provide	64513
nutritional meals, snacks, and educational, youth development, and	64514
career development services to TANF eligible children	64515
participating in programs and activities operated by eligible Boys	64516
and Girls Clubs.	64517

Of the foregoing appropriation item 600-689, TANF Block Grant	64518
(Fund 3V6), the Department of Job and Family Services shall use up	64519
to $1,400,000 in each fiscal year to support expenditures of the	64520
Ohio Alliance of Boys and Girls Clubs pursuant to section 5101.801	64521
of the Revised Code for the For Kids Sake Ohio program.	64522

The Department of Job and Family Services and the Ohio	64523
Alliance of Boys and Girls Clubs shall agree on reporting	64524
requirements to be incorporated into the grant agreements.	64525

SUMMER AND AFTER-SCHOOL PROGRAMS

64526

Of the foregoing appropriation item 600-689, TANF Block Grant	64527
(Fund 3V6), the Department of Job and Family Services shall use up	64528
to $10,000,000 in each fiscal year to support summer and	64529
after-school programs and services for TANF eligible youth served	64530
through community-based organizations, faith-based organizations,	64531
and schools pursuant to section 5101.801 of the Revised Code to	64532
provide academic support not available during the regular school	64533
day, nutrition, transportation, youth development activities, drug	64534
and violence prevention programs, counseling programs, technology	64535
education, and character education programs.	64536

CHILDREN'S HUNGER ALLIANCE

64537

Of the foregoing appropriation item 600-689, TANF Block Grant	64538
(Fund 3V6), up to $1,000,000 in each fiscal year shall be	64539
reimbursed to the Children's Hunger Alliance pursuant to section	64540
5101.801 of the Revised Code for Child Nutrition Program outreach	64541
efforts.	64542

SCHOOL READINESS ENRICHMENT

64543

Of the foregoing appropriation item 600-689, TANF Block Grant	64544
(Fund 3V6), up to $6,500,000 in each fiscal year shall be used for	64545
TANF eligible activities pursuant to section 5101.801 of the	64546
Revised Code to provide intervention services to prepare children	64547
for kindergarten.	64548

FOOD BANKS

64549

Of the foregoing appropriation item 600-689, TANF Block Grant	64550
(Fund 3V6), up to $1,500,000 in each fiscal year shall be used to	64551
reimburse the Ohio network of food banks pursuant to section	64552
5101.801 of the Revised Code for purchases and distribution of	64553
food products.	64554

GOVERNOR'S OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES

64555

Of the foregoing appropriation item 600-689, TANF Block Grant	64556
(Fund 3V6), up to $13,000,000 in each fiscal year shall be used to	64557
reimburse the Governor's Office for Faith-Based and Community	64558
Initiatives pursuant to section 5101.801 of the Revised Code for	64559
projects designed to serve the state's most vulnerable citizens.	64560

ADOPTION PROMOTION

64561

Of the foregoing appropriation item 600-689, TANF Block Grant	64562
(Fund 3V6), up to $5,000,000 in each fiscal year shall be used for	64563
TANF eligible activities pursuant to section 5101.801 of the	64564
Revised Code to provide additional support for initiatives aimed	64565
at increasing the number of adoptions including recruiting,	64566
promoting, and supporting adoptive families.	64567

INDEPENDENT LIVING INITIATIVES

64568

Of the foregoing appropriation item 600-689, TANF Block Grant	64569
(Fund 3V6), up to $2,500,000 in each fiscal year shall be used for	64570
TANF eligible activities pursuant to section 5101.801 of the	64571
Revised Code to support the independent living initiative,	64572
including life skills training and work supports for older	64573
children in foster care and those who have recently aged out of	64574
foster care.	64575

CLOSING THE ACHIEVEMENT GAP

64576

Of the foregoing appropriation item 600-689, TANF Block Grant	64577
(Fund 3V6), up to $10,000,000 in each fiscal year shall be used	64578
for TANF eligible activities pursuant to section 5101.801 of the	64579
Revised Code to provide intervention services aimed at improving	64580
the African-American male graduation rate.	64581

FREESTORE FOODBANK - BARIS PROGRAM

64582

Of the foregoing appropriation item 600-689, TANF Block Grant	64583
(Fund 3V6), up to $800,000 in fiscal year 2008 shall be used to	64584
reimburse, in accordance with section 5101.801 of the Revised	64585
Code, the Freestore Foodbank for continuation of the Benefits	64586
Acquisition Results in Self Sufficiency (BARIS) project.	64587

FAMILY SERVICE OF THE CINCINNATI AREA

64588

Of the foregoing appropriation item 600-689, TANF Block Grant	64589
(Fund 3V6), up to $25,000 in each fiscal year shall be used to	64590
reimburse, in accordance with section 5101.801 of the Revised	64591
Code, Family Service of the Cincinnati Area for the International	64592
Family Resource Center program.	64593

PARENT MENTORS

64594

Of the foregoing appropriation item 600-689, TANF Block Grant	64595
(Fund 3V6), up to $250,000 in fiscal year 2008 shall be used to	64596
reimburse the Department of Education pursuant to section 5101.801	64597
of the Revised Code for providing funding for an additional ten	64598
parent mentors. This additional support for parent mentors shall	64599
be aimed at increasing support for parents with children who have	64600
special needs, thereby reducing stress on the family and	64601
encouraging the maintenance of two parent families. Such funding	64602
shall be in addition to that which is provided for parent	64603
mentoring programs in GRF appropriation item 200-540, Special	64604
Education Enhancements, in the Department of Education.	64605

ACCOUNTABILITY AND CREDIBILITY TOGETHER

64606

Of the foregoing appropriation item 600-689, TANF Block	64607
Grant, up to $1,000,000 in each fiscal year shall be reimbursed to	64608
Accountability and Credibility Together (ACT) to continue its	64609
welfare diversion program to TANF eligible individuals pursuant to	64610
section 5101.801 of the Revised Code.	64611

AMERICAN ACADEMY OF PEDIATRICS

64612

Of the foregoing appropriation item 600-689, TANF Block Grant	64613
(Fund 3V6), up to $100,000 in each fiscal year shall be used to	64614
reimburse, in accordance with section 5101.801 of the Revised	64615
Code, the American Academy of Pediatrics for the Reach Out and	64616
Read program.	64617

HOME WEATHERIZATION

64618

Of the foregoing appropriation item 600-689, TANF Block Grant	64619
(Fund 3V6), up to $500,000 in each fiscal year shall be used to	64620
reimburse, in accordance with section 5101.801 of the Revised	64621
Code, the Corporation for Ohio Appalachian Development for home	64622
weatherization.	64623

PROVIDENCE HOUSE

64624

Of the foregoing appropriation item 600-689, TANF Block Grant	64625
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to	64626
reimburse, in accordance with section 5101.801 of the Revised	64627
Code, the Providence House for providing crisis intervention	64628
services for children who are at risk of abuse and neglect.	64629

BUTLER COUNTY SUCCESS PLAN

64630

Of the foregoing appropriation item 600-689, TANF Block Grant	64631
(Fund 3V6), up to $100,000 in fiscal year 2008 shall be used to	64632
provide reimbursement, in accordance with section 5101.801 of the	64633
Revised Code, for the Butler County Success Plan.	64634

AMERICAN RED CROSS-GREATER CLEVELAND CHAPTER AND THE BEREA	64635
CHILDREN'S HOME AND FAMILY SERVICES	64636

Of the foregoing appropriation item 600-689, TANF Block	64637
Grant, up to $2,063,000 in fiscal year 2008 shall be used to	64638
reimburse the American Red Cross-Greater Cleveland Chapter and the	64639
Berea Children's Home and Family Services in accordance with	64640
section 5101.801 of the Revised Code, for enrolling TANF eligible	64641
individuals in the Northeast Ohio Nurse Assistant Training	64642
Program, which will lead to employment opportunities in the	64643
healthcare field in a ten-county region.	64644

CENTER FOR FAMILIES AND CHILDREN RAPART YOUTH FELLOWSHIP	64645
PROGRAM	64646

Of the foregoing appropriation item 600-689, TANF Block	64647
Grant, up to $246,128 in fiscal year 2008 and up to $246,128 in	64648
fiscal year 2009 shall be used to reimburse the Center for	64649
Families and Children RapArt Youth Fellowship Program in	64650
accordance with section 5101.801 of the Revised Code for providing	64651
an after-school program that supports at-risk young adults and	64652
enables youth to become responsible adults.	64653

TALBERT HOUSE

64654

Of the foregoing appropriation item 600-689, TANF Block Grant	64655
(Fund 3V6), up to $100,000 in each fiscal year shall be used to	64656
reimburse, in accordance with section 5101.801 of the Revised	64657
Code, the Talbert House for providing TANF eligible non-medical	64658
behavioral health services.	64659

TANF EDUCATIONAL AWARDS PROGRAM

64660

Of the foregoing appropriation item 600-689, TANF Block Grant	64661
(Fund 3V6), up to $2,000,000 in each fiscal year shall be used to	64662
reimburse the Ohio Board of Regents pursuant to section 5101.801	64663
of the Revised Code for initiatives addressing postsecondary	64664
tuition and educational expenses not covered by other grant	64665
programs that target low-income students.	64666

CHABAD HOUSE

64667

Of the foregoing appropriation item 600-689, TANF Block Grant	64668
(Fund 3V6), up to $125,000 in each fiscal year shall be used to	64669
reimburse, in accordance with section 5101.801 of the Revised	64670
Code, the Chabad House for the Friendship Circle program.	64671

COURT CLINIC FORENSIC SERVICES

64672

Of the foregoing appropriation 600-689, TANF Block Grant	64673
(Fund 3V6), up to $100,000 in each fiscal year shall be used to	64674
reimburse, in accordance with section 5101.801 of the Revised	64675
Code, Court Clinic Forensic Services for establishment of an	64676
intense program of education, job training, and job placement to	64677
divert women from local jails and state prisons and to reduce	64678
recidivism.	64679

BIG BROTHERS BIG SISTERS

64680

Of the foregoing appropriation item 600-689, TANF Block Grant	64681
(Fund 3V6), up to $250,000 in fiscal year 2008 and up to $750,000	64682
in fiscal year 2009 shall be used to reimburse Big Brothers Big	64683
Sisters of Central Ohio, in accordance with section 5101.801 of	64684
the Revised Code, for child mentoring services.	64685

WECO HOME PROGRAM

64686

Of the foregoing appropriation item 600-689, TANF Block Grant	64687
(Fund 3V6), up to $1,000,000 in each fiscal year shall be used to	64688
reimburse, in accordance with section 5101.801 of the Revised	64689
Code, WECO Fund, Inc., for an individual development account	64690
program that helps participants purchase homes.	64691

HOME ENERGY ASSISTANCE PROGRAM

64692

The Department of Job and Family Services shall transfer,	64693
through intrastate transfer voucher, $45,000,000 in cash in fiscal	64694
year 2008 and $15,000,000 in fiscal year 2009 from Fund 3V6, TANF	64695
Block Grant, to Fund 3BJ, TANF Heating Assistance, in the	64696
Department of Development, in accordance with an interagency	64697
agreement. The Departments of Job and Family Services and	64698
Development shall enter into an interagency agreement for	64699
providing reimbursement to the Department of Development to	64700
administer the Title IV-A funded Home Energy Assistance Program	64701
(HEAP), which provides assistance with home energy fuel costs to	64702
needy families with children.	64703

If the Department of Development receives approval for a	64704
federal waiver to increase the percentage of the Home Energy Block	64705
Grant that may be used for weatherization to sixteen and one-half	64706
per cent in fiscal year 2008 and seventeen and one-half per cent	64707
in fiscal year 2009, the Department of Job and Family Services	64708
shall increase the amount of reimbursement to the Department of	64709
Development from Fund 3V6, TANF Block Grant, for the Title IV-A	64710
funded Home Energy Assistance Program by an amount equal to the	64711
additional amounts used for weatherization under the federal	64712
waiver.	64713

The directors of Job and Family Services and Development	64714
shall seek Controlling Board approval to adjust the appropriations	64715
for appropriation item 600-689, TANF Block Grant, in the	64716
Department of Job and Family Services and appropriation item	64717
195-685, TANF Heating Assistance, in the Department of	64718
Development, as needed to carry out the purposes described in the	64719
preceding paragraph.	64720

Section 309.40.60. EARLY LEARNING INITIATIVE

64721

(A) As used in this section:

64722

(1) "Title IV-A services" means benefits and services that	64723
are allowable under Title IV-A of the "Social Security Act," as	64724
specified in 42 U.S.C. 604(a), except that they shall not be	64725
benefits and services included in the term "assistance" as defined	64726
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	64727
excluded from the definition of the term "assistance" under 45	64728
C.F.R. 260.31(b).	64729

(2) "Title IV-A funds" means funds provided under the	64730
temporary assistance for needy families block grant established by	64731
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	64732
U.S.C. 601, as amended.	64733

(3) "Eligible child" means a child who is at least three	64734
years of age but not of compulsory school age or enrolled in	64735
kindergarten, is eligible for Title IV-A services, and whose	64736
family income at the time of application does not exceed one	64737
hundred eighty-five per cent of the federal poverty line in fiscal	64738
year 2008 or two hundred per cent of the federal poverty line in	64739
fiscal year 2009.	64740

(4) "Early learning program" means a program for eligible	64741
children that is funded with Title IV-A funds and provides Title	64742
IV-A services, according to the purposes listed in 45 C.F.R.	64743
260.20(c), that are early learning services, as defined by	64744
pursuant to division (D)(1) of this section.	64745

(5) "Early learning provider" means an entity that is	64746
receiving Title IV-A funds to operate an early learning program.	64747

(6) "Early learning agency" means an early learning provider	64748
or an entity that has entered into an agreement with an early	64749
learning provider requiring the early learning provider to operate	64750
an early learning program on behalf of the entity.	64751

(7) "Federal poverty line" has the same meaning as in section	64752
5104.01 of the Revised Code.	64753

(8) "Of compulsory school age" has the same meaning as in	64754
section 3321.01 of the Revised Code.	64755

(B) The Early Learning Initiative is hereby established. The	64756
Department of Education and the Department of Job and Family	64757
Services shall administer the Initiative in accordance with	64758
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	64759
shall provide early learning services to eligible children. Early	64760
learning programs may provide early learning services on a	64761
full-day basis, a part-day basis, or both a full-day and part-day	64762
basis.	64763

(C) The Department of Job and Family Services shall do both	64764
of the following:	64765

(1) Reimburse early learning agencies for Title IV-A services	64766
provided to eligible children according to the terms of the	64767
contract and the rules adopted under division (C)(2) of this	64768
section;	64769

(2) In consultation with the Department of Education, adopt	64770
rules in accordance with Chapter 119. of the Revised Code to	64771
implement the Early Learning Initiative. The rules shall include	64772
all of the following:	64773

(a) Provisions regarding the establishment of co-payments for	64774
families of eligible children whose family income is more than one	64775
hundred sixty-five per cent of the federal poverty line but equal	64776
to or less than the maximum amount of family income authorized for	64777
an eligible child as defined in division (A)(3) of this section;	64778

(b) An exemption from co-payment requirements for families	64779
whose family income is equal to or less than one hundred	64780
sixty-five per cent of the federal poverty line;	64781

(c) A definition of "enrollment" for the purpose of	64782
compensating early learning agencies;	64783

(d) Provisions that establish compensation rates for early	64784
learning agencies based on the enrollment of eligible children.	64785

(D) The Department of Education shall do all of the	64786
following:	64787

(1) Define the early learning services that will be provided	64788
to eligible children through the Early Learning Initiative;	64789

(2) In consultation with the Department of Job and Family	64790
Services, develop an application form and criteria for the	64791
selection of early learning agencies. The criteria shall require	64792
an early learning agency, or each early learning provider with	64793
which the agency has entered into an agreement for the operation	64794
of an early learning program on the agency's behalf, to be	64795
licensed or certified by the Department of Education under	64796
sections 3301.52 to 3301.59 of the Revised Code or by the	64797
Department of Job and Family Services under Chapter 5104. of the	64798
Revised Code;	64799

(3) Establish early learning program guidelines for school	64800
readiness to assess the operation of early learning programs.	64801

(E) Any entity that seeks to be an early learning agency	64802
shall apply to the Department of Education by a deadline	64803
established by the Department. The Department of Education shall	64804
select entities that meet the criteria established under division	64805
(D)(2) of this section to be early learning agencies. Upon	64806
selection of an entity to be an early learning agency, the	64807
Department of Education shall designate the number of eligible	64808
children the agency may enroll. The Department of Education shall	64809
notify the Department of Job and Family Services of the number so	64810
designated.	64811

(F) The Department of Education and the Department of Job and	64812
Family Services shall enter into a contract with each early	64813
learning agency selected under division (E) of this section. The	64814
requirements of section 127.16 of the Revised Code do not apply to	64815
contracts entered into under this section. The contract shall	64816
outline the terms and conditions applicable to the provision of	64817
Title IV-A services for eligible children and shall include at	64818
least the following:	64819

(1) The respective duties of the early learning agency, the	64820
Department of Education, and the Department of Job and Family	64821
Services;	64822

(2) Requirements applicable to the allowable use of and	64823
accountability for Title IV-A compensation paid under the	64824
contract;	64825

(3) Reporting requirements, including a requirement that the	64826
early learning provider inform the Department of Education when	64827
the provider learns that a kindergarten eligible child will not be	64828
enrolled in kindergarten;	64829

(4) The compensation schedule payable under the contract;

64830

(5) Audit requirements;

64831

(6) Provisions for suspending, modifying, or terminating the	64832
contract.	64833

(G) If an early learning agency, or an early learning	64834
provider operating an early learning program on the agency's	64835
behalf, substantially fails to meet the early learning program	64836
guidelines for school readiness or exhibits substandard	64837
performance, as determined by the Department of Education, the	64838
agency shall develop and implement a corrective action plan. The	64839
Department of Education shall approve the corrective action plan	64840
prior to implementation.	64841

(H) If an early learning agency fails to implement a	64842
corrective action plan under division (G) of this section, the	64843
Department of Education may direct the Department of Job and	64844
Family Services to either withhold funding or request that the	64845
Department of Job and Family Services suspend or terminate the	64846
contract with the agency.	64847

(I) Each early learning program shall do all of the	64848
following:	64849

(1) Meet teacher qualification requirements prescribed by	64850
section 3301.311 of the Revised Code;	64851

(2) Align curriculum to the early learning content standards;

64852

(3) Meet any assessment requirements prescribed by section	64853
3301.0715 of the Revised Code that apply to the program;	64854

(4) Require teachers, except teachers enrolled and working to	64855
obtain a degree pursuant to section 3301.311 of the Revised Code,	64856
to attend a minimum of twenty hours per biennium of professional	64857
development as prescribed by the Department of Education regarding	64858
the implementation of early learning program guidelines for school	64859
readiness;	64860

(5) Document and report child progress;

64861

(6) Meet and report compliance with the early learning	64862
program guidelines for school success;	64863

(7) Participate in early language and literacy classroom	64864
observation evaluation studies.	64865

(J) Each county Department of Job and Family Services shall	64866
determine eligibility for Title IV-A services for children seeking	64867
to enroll in an early learning program within fifteen days after	64868
receipt of a completed application in accordance with rules	64869
adopted under this section.	64870

(K) The provision of early learning services in an early	64871
learning program shall not prohibit or otherwise prevent an	64872
individual from obtaining certificates for payment under division	64873
(C) of section 5104.32 of the Revised Code.	64874

(L) Notwithstanding section 126.07 of the Revised Code:

64875

(1) Any fiscal year 2008 contract executed prior to July 1,	64876
2007, between the Departments of Job and Family Services and	64877
Education and an early learning agency that was not an early	64878
learning agency as of June 30, 2007, shall be deemed to be	64879
effective as of July 1, 2007, upon issuance of a state purchase	64880
order, even if the purchase order is approved at some later date.	64881

(2) Any fiscal year 2008 contract executed between the	64882
Departments of Job and Family Services and Education and an early	64883
learning agency that had a valid contract for early learning	64884
services on June 30, 2007, shall be deemed to be effective as of	64885
July 1, 2007, upon the issuance of a state purchase order, even if	64886
the purchase order is approved at some later date.	64887

(3) Any fiscal year 2009 contract executed prior to July 1,	64888
2008, between the Departments of Job and Family Services and	64889
Education and an early learning agency that was not an early	64890
learning agency as of June 30, 2008, shall be deemed to be	64891
effective as of July 1, 2008, upon issuance of a state purchase	64892
order, even if the purchase order is approved at some later date.	64893

(4) Any fiscal year 2009 contract executed between the	64894
Departments of Job and Family Services and Education and an early	64895
learning agency that had a valid contract for early learning	64896
services on June 30, 2008, shall be deemed to be effective as of	64897
July 1, 2008, upon the issuance of a state purchase order, even if	64898
the purchase order is approved at some later date.	64899

(M) Of the foregoing appropriation item 600-689, TANF Block	64900
Grant (Fund 3V6), up to $125,256,000 shall be used in each fiscal	64901
year to compensate early learning agencies under this section. The	64902
Departments of Job and Family Services and Education shall	64903
contract for up to 12,000 enrollment slots for eligible children	64904
in each fiscal year through the Early Learning Initiative.	64905

(N) Of the foregoing appropriation item 600-689, TANF Block	64906
Grant (Fund 3V6), up to $800,000 in each fiscal year may be used	64907
by the Department of Job and Family Services for administration of	64908
the Early Learning Initiative.	64909

(O) Up to $2,200,000 in each fiscal year may be used by the	64910
Department of Education to perform administrative functions for	64911
the Early Learning Initiative. The Department of Job and Family	64912
Services shall transfer, through intrastate transfer vouchers,	64913
cash from Fund 3V6, TANF Block Grant, to Fund 5W2, Early Learning	64914
Initiative, in the Department of Education. The amount transferred	64915
shall not exceed $2,200,000 in fiscal year 2008 and $2,200,000 in	64916
fiscal year 2009. The transfer shall occur on a reimbursement	64917
basis on a schedule developed and agreed to by both departments.	64918

Section 309.50. CHILDREN AND FAMILIES

64919

Section 309.50.03. FOSTER CARE REFORM

64920

Of the foregoing appropriation item 600-423, Office of	64921
Children and Families, $1,300,000 in each fiscal year shall be	64922
used to pay for foster care audit workers and related	64923
administrative expenses for state staff.	64924

Of the foregoing appropriation item 600-523, Children and	64925
Families Services, $9,100,000 in each fiscal year shall be	64926
provided to counties for foster care related expenses, including,	64927
but not limited to, upfront services, counseling, intake workers,	64928
foster care staff, case workers, and trainers.	64929

Section 309.50.10. CHILD WELFARE TRAINING INITIATIVE

64930

In each fiscal year, the Department of Job and Family	64931
Services shall grant $50,000 from appropriation item 600-528,	64932
Adoption Services, and $150,000 from appropriation item 600-606,	64933
Child Welfare (Fund 327), to the National Center for Adoption Law	64934
and Policy to fund a multi-disciplinary child welfare training	64935
initiative. The Department of Job and Family Services shall	64936
coordinate with the National Center for Adoption Law and Policy to	64937
determine the focus of the training provided each year.	64938

ADOPTION LAWSITE INITIATIVE

64939

In each fiscal year, the Department of Job and Family	64940
Services shall grant $37,500 from appropriation item 600-528,	64941
Adoption Services, and $112,500 from appropriation item 600-606,	64942
Child Welfare (Fund 327), to the National Center for Adoption Law	64943
and Policy to fund expansion of the Adoption LawSite Initiative.	64944

Section 309.50.20. CHILDREN'S TRUST FUND

64945

Notwithstanding sections 3109.13 to 3109.18 of the Revised	64946
Code, in each fiscal year, the Director of Budget and Management	64947
shall transfer $1,500,000 cash from the Children's Trust Fund	64948
(Fund 198) in the Department of Job and Family Services to the	64949
Partnerships for Success Fund (Fund 5BH) in the Department of	64950
Youth Services.	64951

Section 309.50.50. VISITING NURSE ASSOCIATION - READY SENIORS

64952

Notwithstanding section 5101.46 of the Revised Code and prior	64953
to allocations for administration and training, of the foregoing	64954
appropriation item 600-620, Social Services Block Grant, up to	64955
$250,000 in each fiscal year shall be reimbursed to the Visiting	64956
Nurses Association of Cleveland, pursuant to a grant agreement	64957
entered into by the Visiting Nurses Association of Cleveland and	64958
the Department of Job and Family Services, for costs of expanding	64959
the Ready Seniors software program that are allowable under state	64960
and federal law governing the use of the Block Grant.	64961

Section 309.50.60. CHILD PLACEMENT LEVEL OF CARE TOOL PILOT

64962

(A) The Department of Job and Family Services shall develop,	64963
implement, and oversee use of a Child Placement Level of Care Tool	64964
on a pilot basis. The Department shall implement the pilot program	64965
in Cuyahoga County and not more than nine additional counties	64966
selected by the Department. The pilot program shall be developed	64967
by the participating counties and must be acceptable to all	64968
participating counties. A selected county must agree to	64969
participate in the pilot program.	64970

(B) The pilot program shall begin not later than July 1,	64971
2008, and end not later than December 31, 2009. The length of the	64972
program shall not include any time expended in preparation for	64973
implementation or any post-pilot program evaluation activity.	64974

(C)(1) In accordance with sections 125.01 to 125.11 of the	64975
Revised Code, the Department of Job and Family Services shall	64976
designate a person to independently evaluate the pilot program to	64977
rate the program's success in the following areas:	64978

(a) Placement stability, length of stay, and other outcomes	64979
for children;	64980

(b) Cost;

64981

64982

(d) Any other criteria the Department determines will be	64983
useful in the consideration of statewide implementation.	64984

(2) The evaluation design shall include:

64985

(a) A comparison of data to historical outcomes or control	64986
counties;	64987

(b) A retrospective data review of Cuyahoga County's use of	64988
the tool;	64989

(c) A prospective data evaluation in each of the ten pilot	64990
counties.	64991

(D) The Department of Mental Health shall conduct a study of	64992
a sample of the children placed using the Child Placement Level of	64993
Care Tool, which shall run concurrent with the Department of Job	64994
and Family Services Child Placement Level of Care Tool pilot	64995
program. This study shall evaluate outcomes from the initial and	64996
regular administration of the Ohio Scales Tool and changes in the	64997
level of children's functioning over time. The Department of	64998
Mental Health shall seek maximum federal financial participation	64999
to conduct the Ohio Scales Tool evaluation. Upon completion of the	65000
study, the Department of Mental Health shall send a copy of the	65001
results of the study to the independent evaluator designated under	65002
division (C) of this section.	65003

(E) The independent evaluator of the Child Placement Level of	65004
Care Tool designated under division (C) of this section shall	65005
compare the evaluation of the Child Placement Level of Care Tool	65006
conducted pursuant to division (C) of this section to the study of	65007
the Ohio Scales Tool conducted under division (D) of this section.	65008
The comparison shall focus on analyzing any correlations between	65009
the placement stability outcomes associated with the Level of Care	65010
Tool and the behavioral health level of functioning outcomes	65011
associated with the Ohio Scales Tool. The independent evaluator	65012
shall send a copy of the evaluator's initial evaluation of the	65013
Child Placement Level of Care Tool, the Department of Mental	65014
Health study, and the comparison to the Department of Job and	65015
Family Services.	65016

(F) The Department of Job and Family Services may adopt rules	65017
in accordance with section 111.15 of the Revised Code, as if they	65018
were internal management rules, as necessary to carry out the	65019
purposes of this section. The Department shall seek maximum	65020
federal financial participation to support the pilot and the	65021
evaluation.	65022

(G) Notwithstanding division (E) of section 5101.141 of the	65023
Revised Code, the Department of Job and Family Services shall use	65024
up to $1,000,000 of appropriation item 600-663, Children and	65025
Family Support, over the biennium to implement the Child Placement	65026
Level of Care Tool pilot program described in this section and to	65027
contract for the independent evaluation of the pilot program.	65028

(H) As used in this section:

65029

(1) "Child Placement Level of Care Tool" means an assessment	65030
tool to be developed by the participating counties to assess a	65031
child's placement needs when a child must be removed from the	65032
child's own home and cannot be placed with a relative or kin that	65033
includes assessing a child's behavior, history, psychological	65034
state, and the involvement of service systems.	65035

(2) "Ohio Scales Tool" means the Ohio Youth Problems,	65036
Functioning, and Satisfaction Scales used by the Ohio Department	65037
of Mental Health to measure outcomes for youth ages five to	65038
eighteen who receive mental health services.	65039

Section 309.50.70. OHIO BENEFIT BANK

65040

Of the foregoing appropriation item 600-659, TANF/Title XX,	65041
up to $299,276 in fiscal year 2008 and up to $472,366 in fiscal	65042
year 2009 shall be used by the Governor's Office of Faith-Based	65043
and Community Initiatives to support the Ohio Benefit Bank, a	65044
web-enabled, counselor-assisted, program for low- and	65045
moderate-income Ohioans.	65046

Section 309.70. WORKFORCE DEVELOPMENT

65047

Section 309.70.10. TRANSFER TO THE MILITARY INJURY RELIEF	65048
FUND	65049

In each year of the biennium, the Director of Job and Family	65050
Services shall certify to the Director of Budget and Management	65051
the total amount of incentive grants deposited into Fund 331,	65052
Federal Operating, on behalf of state and county employees and	65053
other individuals, entities, and persons with exemplary service to	65054
veterans under an approved employment service delivery program	65055
defined in the "Jobs for Veterans Act," 116 Stat. 2033 (2002), as	65056
approved by the United States Department of Labor. The Director of	65057
Budget and Management shall transfer cash equal to the amount	65058
certified by the Director of Job and Family Services from Fund 331	65059
to Fund 5DB, Military Injury Relief Fund. The transferred funds	65060
shall be used to support grants to eligible individuals under	65061
section 5101.98 of the Revised Code and rules adopted in	65062
accordance with that section.	65063

Section 309.70.20. WORKFORCE DEVELOPMENT GRANT AGREEMENT

65064

The Department of Job and Family Services may use	65065
appropriations from appropriation item 600-688, Workforce	65066
Investment Act, to provide financial assistance for workforce	65067
development activities included in a grant agreement entered into	65068
by the department in accordance with section 5101.20 of the	65069
Revised Code.	65070

OHIO STATE APPRENTICESHIP COUNCIL

65071

Of the foregoing appropriation item 600-688, Workforce	65072
Investment Act, up to $1,900,000 in fiscal year 2008 and up to	65073
$2,200,000 in fiscal year 2009 may be used to support the	65074
activities of the Ohio State Apprenticeship Council.	65075

YOUTH EMPLOYMENT PROGRAMS

65076

Of the foregoing appropriation item 600-688, Workforce	65077
Investment Act, up to $6,000,000 over the biennium shall be used	65078
for competitive grants to eight major urban centers and four other	65079
locations, at least two of which are rural, to provide strategies	65080
and programs that meet the needs of at-risk youth. The program	65081
shall target youth who have disengaged from the education system	65082
and youthful offenders who will be returning to their communities.	65083
Eligible grant applications include governmental units, workforce	65084
investment boards, and not-for-profit and for-profit entities.	65085
Grant funds may be used for youth wages and benefits, supervisory	65086
costs, training and support costs, and infrastructure expenses.	65087
Grant funds may not be used for construction or renovation of	65088
facilities.	65089

THIRD FRONTIER INTERNSHIP PROGRAM

65090

Of the foregoing appropriation item 600-688, Workforce	65091
Investment Act, $1,500,000 in each fiscal year shall be used to	65092
support the Third Frontier Internship program.	65093

NURSE EDUCATION ASSISTANCE

65094

Of the foregoing appropriation item 600-688, Workforce	65095
Investment Act, $700,000 in each fiscal year shall be used to	65096
support the Nurse Education Assistance program described in	65097
division (C)(1)(a) of section 3333.28 of the Revised Code.	65098

Section 309.80. UNEMPLOYMENT COMPENSATION

65099

Section 309.80.10. EMPLOYER SURCHARGE

65100

The surcharge and the interest on the surcharge amounts due	65101
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	65102
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	65103
118th General Assembly, and section 4141.251 of the Revised Code	65104
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	65105
General Assembly, again shall be assessed and collected by,	65106
accounted for, and made available to the Department of Job and	65107
Family Services in the same manner as set forth in section	65108
4141.251 of the Revised Code as it existed prior to its repeal by	65109
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	65110
repeal of the surcharge for calendar years after 1990, pursuant to	65111
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	65112
received by the Director on or after July 1, 2001, shall be	65113
deposited into the Unemployment Compensation Special	65114
Administrative Fund (Fund 4A9) established pursuant to section	65115
4141.11 of the Revised Code.	65116

Section 309.80.20. FEDERAL UNEMPLOYMENT PROGRAMS

65117

All unexpended funds remaining at the end of fiscal year 2007	65118
that were appropriated and made available to the state under	65119
section 903(d) of the Social Security Act, as amended, in the	65120
foregoing appropriation item 600-678, Federal Unemployment	65121
Programs (Fund 3V4), are hereby appropriated to the Department of	65122
Job and Family Services. Upon the request of the Director of Job	65123
and Family Services, the Director of Budget and Management may	65124
increase the appropriation for fiscal year 2008 by the amount	65125
remaining unspent from the fiscal year 2007 appropriation and may	65126
increase the appropriation for fiscal year 2009 by the amount	65127
remaining unspent from the fiscal year 2008 appropriation. The	65128
appropriation shall be used under the direction of the Department	65129
of Job and Family Services to pay for administrative activities	65130
for the Unemployment Insurance Program, employment services, and	65131
other allowable expenditures under section 903(d) of the Social	65132
Security Act, as amended.	65133

The amounts obligated pursuant to this section shall not	65134
exceed at any time the amount by which the aggregate of the	65135
amounts transferred to the account of the state under section	65136
903(d) of the Social Security Act, as amended, exceeds the	65137
aggregate of the amounts obligated for administration and paid out	65138
for benefits and required by law to be charged against the amounts	65139
transferred to the account of the state.	65140

Section 309.80.30. TIME-LIMITED MEDICAID PROVIDER AGREEMENTS

65141

Each Medicaid provider agreement that is not time-limited on	65142
the effective date of section 5111.028 of the Revised Code, as	65143
enacted by this act, shall be converted by the Department of Job	65144
and Family Services into a time-limited provider agreement. The	65145
converted provider agreement shall expire three years from	65146
effective date of the conversion. The Department shall notify the	65147
provider in writing that provider agreement has been converted	65148
into a time-limited provider agreement.	65149

Notwithstanding division (B) of section 5111.06 of the	65150
Revised Code, the Department is not required to issue an order	65151
pursuant to an adjudication conducted in accordance with Chapter	65152
119. of the Revised Code when converting a provider agreement	65153
under this section.	65154

Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO

65155

General Revenue Fund

65156

GRF	018-321		Operating Expenses		$	985,710		$	1,015,281		65157
TOTAL GRF General Revenue Fund					$	985,710		$	1,015,281		65158

General Services Fund Group

65159

403	018-601	Ohio Jury Instructions	$	350,000	$	350,000	65160
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	65161
TOTAL ALL BUDGET FUND GROUPS			$	1,335,710	$	1,365,281	65162

STATE COUNCIL OF UNIFORM STATE LAWS

65163

Notwithstanding section 105.26 of the Revised Code, of the	65164
foregoing appropriation item 018-321, Operating Expenses, up to	65165
$71,000 in fiscal year 2008 and up to $73,000 in fiscal year 2009	65166
may be used to pay the expenses of the State Council of Uniform	65167
State Laws, including membership dues to the National Conference	65168
of Commissioners on Uniform State Laws.	65169

OHIO JURY INSTRUCTIONS FUND

65170

The Ohio Jury Instructions Fund (Fund 403) shall consist of	65171
grants, royalties, dues, conference fees, bequests, devises, and	65172
other gifts received for the purpose of supporting costs incurred	65173
by the Judicial Conference of Ohio in dispensing educational and	65174
informational data to the state's judicial system. Fund 403 shall	65175
be used by the Judicial Conference of Ohio to pay expenses	65176
incurred in dispensing educational and informational data to the	65177
state's judicial system. All moneys accruing to Fund 403 in excess	65178
of $350,000 in fiscal year 2008 and in excess of $350,000 in	65179
fiscal year 2009 are hereby appropriated for the purposes	65180
authorized.	65181

No money in the Ohio Jury Instructions Fund shall be	65182
transferred to any other fund by the Director of Budget and	65183
Management or the Controlling Board.	65184

Section 313.10. JSC THE JUDICIARY/SUPREME COURT

65185

General Revenue Fund

65186

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	127,778,192	$	133,144,970	65187
GRF	005-401	State Criminal Sentencing Council	$	331,500	$	336,770	65188
GRF	005-406	Law-Related Education	$	229,290	$	236,172	65189
GRF	005-409	Ohio Courts Technology Initiative	$	4,000,000	$	6,500,000	65190
GRF	005-502	Legal Education Opportunity	$	250,000	$	350,000	65191
TOTAL GRF General Revenue Fund			$	132,588,982	$	140,567,912	65192

General Services Fund Group

65193

672	005-601		Continuing Judicial Education		$	136,000		$	140,000		65194
TOTAL GSF General Services Fund Group					$	136,000		$	140,000		65195

Federal Special Revenue Fund Group

65196

3J0	005-603		Federal Grants		$	1,518,491		$	1,467,693		65197
TOTAL FED Federal Special Revenue Fund Group					$	1,518,491		$	1,467,693		65198

State Special Revenue Fund Group

65199

4C8	005-605	Attorney Services	$	3,841,416	$	3,936,058	65200
5T8	005-609	Grants and Awards	$	100,000	$	100,000	65201
6A8	005-606	Supreme Court Admissions	$	1,496,633	$	1,541,532	65202
TOTAL SSR State Special Revenue Fund Group			$	5,438,049	$	5,577,590	65203
TOTAL ALL BUDGET FUND GROUPS			$	139,681,522	$	147,753,195	65204

LAW-RELATED EDUCATION

65205

The foregoing appropriation item 005-406, Law-Related	65206
Education, shall be distributed directly to the Ohio Center for	65207
Law-Related Education for the purposes of providing continuing	65208
citizenship education activities to primary and secondary	65209
students, expanding delinquency prevention programs, increasing	65210
activities for at-risk youth, and accessing additional public and	65211
private money for new programs.	65212

OHIO COURTS TECHNOLOGY INITIATIVE

65213

The foregoing appropriation item 005-409, Ohio Courts	65214
Technology Initiative, shall be used to fund an initiative by the	65215
Supreme Court to facilitate the exchange of information and	65216
warehousing of data by and between Ohio courts and other justice	65217
system partners through the creation of an Ohio Courts Network,	65218
the delivery of technology services to courts throughout the	65219
state, including the provision of hardware, software, and the	65220
development and implementation of educational and training	65221
programs for judges and court personnel, and the creation and	65222
operation of the Commission on Technology and the Courts by the	65223
Supreme Court for the promulgation of statewide rules, policies,	65224
and uniform standards, and to aid in the orderly adoption and	65225
comprehensive use of technology in Ohio courts.	65226

LEGAL EDUCATION OPPORTUNITY

65227

The foregoing appropriation item 005-502, Legal Education	65228
Opportunity, shall be used to fund activities undertaken at the	65229
direction of the Chief Justice of the Supreme Court for purposes	65230
of introducing minority, low-income, and educationally	65231
disadvantaged Ohio students to the legal system and providing	65232
educational opportunities to those same students who are preparing	65233
for college and interested in the pursuit of a legal career. The	65234
foregoing appropriation item 005-502, Legal Education Opportunity,	65235
may be used by the Supreme Court, in cooperation with other	65236
entities, to establish and provide programs, courses, and	65237
activities consistent with the purposes set forth in this	65238
paragraph and to pay the associated administrative costs.	65239

CONTINUING JUDICIAL EDUCATION

65240

The Continuing Judicial Education Fund (Fund 672) shall	65241
consist of fees paid by judges and court personnel for attending	65242
continuing education courses and other gifts and grants received	65243
for the purpose of continuing judicial education. The foregoing	65244
appropriation item 005-601, Continuing Judicial Education, shall	65245
be used to pay expenses for continuing education courses for	65246
judges and court personnel. If it is determined by the	65247
Administrative Director of the Supreme Court that additional	65248
appropriations are necessary, the amounts are hereby appropriated.	65249

No money in the Continuing Judicial Education Fund shall be	65250
transferred to any other fund by the Director of Budget and	65251
Management or the Controlling Board. Interest earned on moneys in	65252
the Continuing Judicial Education Fund shall be credited to the	65253
fund.	65254

FEDERAL GRANTS

65255

The Federal Grants Fund (Fund 3J0) shall consist of grants	65256
and other moneys awarded to the Supreme Court (The Judiciary) by	65257
the United States Government or other entities that receive the	65258
moneys directly from the United States Government and distribute	65259
those moneys to the Supreme Court (The Judiciary). The foregoing	65260
appropriation item 005-603, Federal Grants, shall be used in a	65261
manner consistent with the purpose of the grant or award. If it is	65262
determined by the Administrative Director of the Supreme Court	65263
that additional appropriations are necessary, the amounts are	65264
hereby appropriated.	65265

No money in the Federal Grants Fund shall be transferred to	65266
any other fund by the Director of Budget and Management or the	65267
Controlling Board. However, interest earned on moneys in the	65268
Federal Grants Fund shall be credited or transferred to the	65269
General Revenue Fund.	65270

ATTORNEY SERVICES

65271

The Attorney Services Fund (Fund 4C8), formerly known as the	65272
Attorney Registration Fund, shall consist of moneys received by	65273
the Supreme Court (The Judiciary) pursuant to the Rules for the	65274
Government of the Bar of Ohio. In addition to funding other	65275
activities considered appropriate by the Supreme Court, the	65276
foregoing appropriation item 005-605, Attorney Services, may be	65277
used to compensate employees and to fund appropriate activities of	65278
the following offices established by the Supreme Court: the Office	65279
of Disciplinary Counsel, the Board of Commissioners on Grievances	65280
and Discipline, the Clients' Security Fund, and the Attorney	65281
Services Division. If it is determined by the Administrative	65282
Director of the Supreme Court that additional appropriations are	65283
necessary, the amounts are hereby appropriated.	65284

No moneys in the Attorney Services Fund shall be transferred	65285
to any other fund by the Director of Budget and Management or the	65286
Controlling Board. Interest earned on moneys in the Attorney	65287
Services Fund shall be credited to the fund.	65288

GRANTS AND AWARDS

65289

The Grants and Awards Fund (Fund 5T8) shall consist of grants	65290
and other moneys awarded to the Supreme Court (The Judiciary) by	65291
the State Justice Institute, the Division of Criminal Justice	65292
Services, or other entities. The foregoing appropriation item	65293
005-609, Grants and Awards, shall be used in a manner consistent	65294
with the purpose of the grant or award. If it is determined by the	65295
Administrative Director of the Supreme Court that additional	65296
appropriations are necessary, the amounts are hereby appropriated.	65297

No moneys in the Grants and Awards Fund shall be transferred	65298
to any other fund by the Director of Budget and Management or the	65299
Controlling Board. However, interest earned on moneys in the	65300
Grants and Awards Fund shall be credited or transferred to the	65301
General Revenue Fund.	65302

SUPREME COURT ADMISSIONS

65303

The foregoing appropriation item 005-606, Supreme Court	65304
Admissions, shall be used to compensate Supreme Court employees	65305
who are primarily responsible for administering the attorney	65306
admissions program under the Rules for the Government of the Bar	65307
of Ohio, and to fund any other activities considered appropriate	65308
by the court. Moneys shall be deposited into the Supreme Court	65309
Admissions Fund (Fund 6A8) under the Supreme Court Rules for the	65310
Government of the Bar of Ohio. If it is determined by the	65311
Administrative Director of the Supreme Court that additional	65312
appropriations are necessary, the amounts are hereby appropriated.	65313

No moneys in the Supreme Court Admissions Fund shall be	65314
transferred to any other fund by the Director of Budget and	65315
Management or the Controlling Board. Interest earned on moneys in	65316
the Supreme Court Admissions Fund shall be credited to the fund.	65317

FUND ELIMINATION

65318

Effective July 1, 2007, or as soon as practicable thereafter,	65319
the Director of Budget and Management shall transfer the cash	65320
balance in the Commission on Continuing Legal Education Fund (Fund	65321
643) to the Attorney Services Fund (Fund 4C8). The director shall	65322
cancel any existing encumbrances against appropriation item	65323
005-607, Commission on Continuing Legal Education, and	65324
re-establish them against appropriation item 005-605, Attorney	65325
Services. The amounts of the re-established encumbrances are	65326
hereby appropriated. Upon completion of these transfers, the	65327
Commission on Continuing Legal Education Fund (Fund 643) is hereby	65328
abolished.	65329

TRANSFER OF UNENCUMBERED GRF APPROPRIATION AUTHORITY FOR	65330
INDIGENT DEFENSE	65331

On July 1, 2008, or as soon as practicable thereafter, the	65332
Administrative Director of the Supreme Court shall certify to the	65333
Director of Budget and Management the total fiscal year 2008	65334
unencumbered appropriations in appropriation item 005-321,	65335
Operating Expenses - Judiciary/Supreme Court. The Director of	65336
Budget and Management shall transfer that certified amount of	65337
unencumbered fiscal year 2008 appropriations to fiscal year 2009	65338
for use within the Ohio Public Defender Commission's appropriation	65339
item 019-501, County Reimbursement. The amount certified and	65340
transferred is hereby appropriated to the Ohio Public Defender	65341
Commission's appropriation item 019-501, County Reimbursement, in	65342
fiscal year 2009.	65343

Section 315.10. LEC LAKE ERIE COMMISSION

65344

State Special Revenue Fund Group

65345

4C0	780-601	Lake Erie Protection Fund	$	450,000	$	450,000	65346
5D8	780-602	Lake Erie Resources Fund	$	387,000	$	388,000	65347
TOTAL SSR State Special Revenue							65348
Fund Group			$	837,000	$	838,000	65349
TOTAL ALL BUDGET FUND GROUPS			$	837,000	$	838,000	65350

CASH TRANSFER

65351

Not later than the thirtieth day of November of each fiscal	65352
year, the Executive Director of the Ohio Lake Erie Office, with	65353
the approval of the Lake Erie Commission, shall certify to the	65354
Director of Budget and Management the cash balance in the Lake	65355
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	65356
operating expenses of the Lake Erie Office. The Lake Erie Office	65357
may request the Director of Budget and Management to transfer up	65358
to the certified amount from the Lake Erie Resources Fund (Fund	65359
5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of	65360
Budget and Management may transfer the requested amount, or the	65361
Director may transfer a different amount up to the certified	65362
amount. Cash transferred shall be used for the purposes described	65363
in division (A) of section 1506.23 of the Revised Code. The amount	65364
transferred by the director is hereby appropriated to the	65365
foregoing appropriation item 780-601, Lake Erie Protection Fund,	65366
which shall be increased by the amount transferred.	65367

Section 317.10. LRS LEGAL RIGHTS SERVICE

65368

General Revenue Fund

65369

GRF	054-321	Support Services	$	198,075	$	198,075	65370
GRF	054-401	Ombudsman	$	291,247	$	291,247	65371
TOTAL GRF General Revenue Fund			$	489,322	$	489,322	65372

General Services Fund Group

65373

5M0	054-610	Program Support	$	81,352	$	81,352	65374
TOTAL GSF General Services							65375
Fund Group			$	81,352	$	81,352	65376

Federal Special Revenue Fund Group

65377

3AG	054-613	Protection and Advocacy - Voter Accessibility	$	115,000	$	115,000	65378
3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,089,999	$	1,089,999	65379
3CA	054-615	Work Incentives Planning and Assistance	$	355,000	$	355,000	65380
3N3	054-606	Protection and Advocacy - Individual Rights	$	560,000	$	560,000	65381
3N9	054-607	Assistive Technology	$	160,000	$	160,000	65382
3R9	054-604	Family Support Collaborative	$	55,000	$	55,000	65383
3R9	054-616	Developmental Disability Publications	$	130,000	$	130,000	65384
3T2	054-609	Client Assistance Program	$	435,000	$	435,000	65385
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	235,001	$	235,001	65386
3Z6	054-612	Traumatic Brain Injury	$	70,000	$	70,000	65387
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,500,000	$	1,500,000	65388
TOTAL FED Federal Special Revenue							65389
Fund Group			$	4,705,000	$	4,705,000	65390

State Special Revenue Fund Group

65391

5AE	054-614	Grants and Contracts	$	100,000	$	100,000	65392
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	65393
TOTAL ALL BUDGET FUND GROUPS			$	5,375,674	$	5,375,674	65394

Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

65396

General Revenue Fund

65397

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		65398
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		65399

General Services Fund Group

65400

4G7	028-601	Joint Legislative Ethics Committee	$	100,000	$	100,000	65401
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	65402
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	65403

Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION

65404

General Revenue Fund

65405

GRF	035-321	Operating Expenses	$	15,167,700	$	15,167,700	65406
GRF	035-402	Legislative Interns	$	1,022,120	$	1,022,120	65407
GRF	035-405	Correctional Institution Inspection Committee	$	393,900	$	393,900	65408
GRF	035-409	National Associations	$	460,560	$	460,560	65409
GRF	035-410	Legislative Information Systems	$	3,661,250	$	3,661,250	65410
TOTAL GRF General Revenue Fund			$	20,705,530	$	20,705,530	65411

General Services Fund Group

65412

4F6	035-603	Legislative Budget Services	$	154,025	$	154,025	65413
410	035-601	Sale of Publications	$	25,250	$	25,250	65414
5EF	035-607	House and Senate Telephone Usage	$	30,000	$	30,000	65415
TOTAL GSF General Services							65416
Fund Group			$	209,275	$	209,275	65417
TOTAL ALL BUDGET FUND GROUPS			$	20,914,805	$	20,914,805	65418

JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM

65419

Of the foregoing appropriation item 035-321, Operating	65420
Expenses, $100,000 in each fiscal year shall be used for costs	65421
associated with employing an executive director for the Joint	65422
Legislative Committee on Medicaid Technology and Reform as	65423
authorized by division (C) of section 101.391 of the Revised Code.	65424

OHIO ECONOMIC ANALYSIS

65425

Of the foregoing appropriation item 035-321, Operating	65426
Expenses, up to $250,000 in each fiscal year shall be used to	65427
contract with a person, business, or other entity to provide the	65428
General Assembly with additional revenue forecasting and analysis	65429
of the Ohio economy.	65430

Section 323.10. LIB STATE LIBRARY BOARD

65431

General Revenue Fund

65432

GRF	350-321	Operating Expenses	$	6,298,677	$	6,298,677	65433
GRF	350-400	Ohio Public Library Information Network	$	4,330,000	$	4,330,000	65434
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	65435
GRF	350-501	Library for the Blind-Cincinnati	$	535,615	$	535,615	65436
GRF	350-502	Regional Library Systems	$	1,010,441	$	1,010,441	65437
GRF	350-503	Library for the Blind-Cleveland	$	805,642	$	805,642	65438
TOTAL GRF General Revenue Fund			$	13,105,191	$	13,105,191	65439

General Services Fund Group

65440

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	65441
4S4	350-604	Ohio Public Library Information Network Technology	$	3,000,000	$	3,000,000	65442
459	350-602	Library Service Charges	$	2,708,092	$	2,708,092	65443
TOTAL GSF General Services							65444
Fund Group			$	5,717,092	$	5,717,092	65445

Federal Special Revenue Fund Group

65446

313	350-601	LSTA Federal	$	5,691,792	$	5,691,792	65447
TOTAL FED Federal Special Revenue							65448
Fund Group			$	5,691,792	$	5,691,792	65449
TOTAL ALL BUDGET FUND GROUPS			$	24,514,075	$	24,514,075	65450

OHIOANA RENTAL PAYMENTS

65451

The foregoing appropriation item 350-401, Ohioana Rental	65452
Payments, shall be used to pay the rental expenses of the Martha	65453
Kinney Cooper Ohioana Library Association pursuant to section	65454
3375.61 of the Revised Code.	65455

LIBRARY FOR THE BLIND-CINCINNATI

65456

The foregoing appropriation item 350-501, Library for the	65457
Blind-Cincinnati, shall be used for the Talking Book program,	65458
which assists the blind and disabled.	65459

REGIONAL LIBRARY SYSTEMS

65460

The foregoing appropriation item 350-502, Regional Library	65461
Systems, shall be used to support regional library systems	65462
eligible for funding under sections 3375.83 and 3375.90 of the	65463
Revised Code.	65464

LIBRARY FOR THE BLIND-CLEVELAND

65465

The foregoing appropriation item 350-503, Library for the	65466
Blind-Cleveland, shall be used for the Talking Book program, which	65467
assists the blind and disabled.	65468

OHIO PUBLIC LIBRARY INFORMATION NETWORK

65469

The foregoing appropriation items 350-604, Ohio Public	65470
Library Information Network Technology, and 350-400, Ohio Public	65471
Library Information Network, shall be used for an information	65472
telecommunications network linking public libraries in the state	65473
and such others as may be certified as participants by the Ohio	65474
Public Library Information Network Board.	65475

The Ohio Public Library Information Network Board shall	65476
consist of eleven members appointed by the State Library Board	65477
from among the staff of public libraries and past and present	65478
members of boards of trustees of public libraries, based on the	65479
recommendations of the Ohio library community. The Ohio Public	65480
Library Information Network Board, in consultation with the State	65481
Library, shall develop a plan of operations for the network. The	65482
board may make decisions regarding use of the foregoing	65483
appropriation items 350-400, Ohio Public Library Information	65484
Network, and 350-604, Ohio Public Library Information Network	65485
Technology, may receive and expend grants to carry out the	65486
operations of the network in accordance with state law and the	65487
authority to appoint and fix the compensation of a director and	65488
necessary staff. The State Library shall be the fiscal agent for	65489
the network and shall have fiscal accountability for the	65490
expenditure of funds. The Ohio Public Library Information Network	65491
Board members shall be reimbursed for actual travel and necessary	65492
expenses incurred in carrying out their responsibilities.	65493

In order to limit access to obscene and illegal materials	65494
through internet use at Ohio Public Library Information Network	65495
(OPLIN) terminals, local libraries with OPLIN computer terminals	65496
shall adopt policies that control access to obscene and illegal	65497
materials. These policies may include use of technological systems	65498
to select or block certain internet access. The OPLIN shall	65499
condition provision of its funds, goods, and services on	65500
compliance with these policies. The OPLIN Board shall also adopt	65501
and communicate specific recommendations to local libraries on	65502
methods to control such improper usage. These methods may include	65503
each library implementing a written policy controlling such	65504
improper use of library terminals and requirements for parental	65505
involvement or written authorization for juvenile internet usage.	65506

Of the foregoing appropriation item 350-400, Ohio Public	65507
Library Information Network, up to $100,000 in each fiscal year	65508
shall be used to help local libraries purchase or maintain filters	65509
to screen out obscene and illegal internet materials.	65510

The OPLIN Board shall research and assist or advise local	65511
libraries with regard to emerging technologies and methods that	65512
may be effective means to control access to obscene and illegal	65513
materials. The OPLIN Executive Director shall biannually provide	65514
written reports to the Governor, the Speaker and Minority Leader	65515
of the House of Representatives, and the President and Minority	65516
Leader of the Senate on any steps being taken by OPLIN and public	65517
libraries in the state to limit and control such improper usage as	65518
well as information on technological, legal, and law enforcement	65519
trends nationally and internationally affecting this area of	65520
public access and service.	65521

The Ohio Public Library Information Network, INFOhio, and	65522
OhioLINK shall, to the extent feasible, coordinate and cooperate	65523
in their purchase or other acquisition of the use of electronic	65524
databases for their respective users and shall contribute funds in	65525
an equitable manner to such effort.	65526

Section 325.10. LCO LIQUOR CONTROL COMMISSION

65527

Liquor Control Fund Group

65528

043	970-321	Operating Expenses	$	743,093	$	772,524	65529
TOTAL LCF Liquor Control Fund Group			$	743,093	$	772,524	65530
TOTAL ALL BUDGET FUND GROUPS			$	743,093	$	772,524	65531

Section 327.10. LOT STATE LOTTERY COMMISSION

65533

General Services Fund Group

65534

231	950-604		Charitable Gaming Oversight		$	2,253,000		$	2,378,000		65535
TOTAL GSF General Services Fund Group					$	2,253,000		$	2,378,000		65536

State Lottery Fund Group

65537

044	950-100	Personal Services	$	25,945,116	$	27,085,265	65538
044	950-200	Maintenance	$	18,748,274	$	18,693,328	65539
044	950-300	Equipment	$	2,554,500	$	2,446,500	65540
044	950-402	Advertising Contracts	$	21,250,000	$	21,250,000	65541
044	950-403	Gaming Contracts	$	50,419,360	$	51,250,704	65542
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	65543
044	950-601	Direct Prize Payments	$	147,716,286	$	147,716,286	65544
871	950-602	Annuity Prizes	$	151,724,305	$	151,724,305	65545
TOTAL SLF State Lottery Fund							65546
Group			$	418,692,841	$	420,501,388	65547
TOTAL ALL BUDGET FUND GROUPS			$	420,945,841	$	422,879,388	65548

OPERATING EXPENSES

65549

Notwithstanding sections 127.14 and 131.35 of the Revised	65550
Code, the Controlling Board may, at the request of the State	65551
Lottery Commission, authorize additional appropriations for	65552
operating expenses of the State Lottery Commission from the State	65553
Lottery Fund up to a maximum of 15 per cent of anticipated total	65554
revenue accruing from the sale of lottery tickets.	65555

DIRECT PRIZE PAYMENTS

65556

Any amounts, in addition to the amounts appropriated in	65557
appropriation item 950-601, Direct Prize Payments, that the	65558
Director of the State Lottery Commission determines to be	65559
necessary to fund prizes, bonuses, and commissions are hereby	65560
appropriated.	65561

ANNUITY PRIZES

65562

With the approval of the Office of Budget and Management, the	65563
State Lottery Commission shall transfer cash from the State	65564
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	65565
(Fund 871) in an amount sufficient to fund deferred prizes. The	65566
Treasurer of State, from time to time, shall credit the Deferred	65567
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	65568
by the Treasurer of State on invested balances.	65569

Any amounts, in addition to the amounts appropriated in	65570
appropriation item 950-602, Annuity Prizes, that the Director of	65571
the State Lottery Commission determines to be necessary to fund	65572
deferred prizes and interest earnings are hereby appropriated.	65573

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

65574

The Ohio Lottery Commission shall transfer an amount greater	65575
than or equal to $657,900,000 in fiscal year 2008 and $667,900,000	65576
in fiscal year 2009 to the Lottery Profits Education Fund.	65577
Transfers from the Commission to the Lottery Profits Education	65578
Fund shall represent the estimated net income from operations for	65579
the Commission in fiscal year 2008 and fiscal year 2009. Transfers	65580
by the Commission to the Lottery Profits Education Fund shall be	65581
administered as the statutes direct.	65582

Section 329.10. MHC MANUFACTURED HOMES COMMISSION

65583

General Services Fund Group

65584

4K9	996-609	Operating Expenses	$	418,122	$	434,671	65585
TOTAL GSF General Services							65586
Fund Group			$	418,122	$	434,671	65587
TOTAL ALL BUDGET FUND GROUPS			$	418,122	$	434,671	65588

Section 331.10. MED STATE MEDICAL BOARD

65590

General Services Fund Group

65591

5C6	883-609	Operating Expenses	$	7,883,145	$	8,225,945	65592
TOTAL GSF General Services							65593
Fund Group			$	7,883,145	$	8,225,945	65594
TOTAL ALL BUDGET FUND GROUPS			$	7,883,145	$	8,225,945	65595

Section 333.10. AMB MEDICAL TRANSPORTATION BOARD

65597

General Services Fund Group

65598

4K9	915-604	Operating Expenses	$	471,450	$	473,450	65599
TOTAL GSF General Services							65600
Fund Group			$	471,450	$	473,450	65601
TOTAL ALL BUDGET FUND GROUPS			$	471,450	$	473,450	65602

CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND	65603
(FUND 4K9)	65604

Effective July 1, 2007, or as soon as practicable thereafter,	65605
the Director of Budget and Management may transfer the cash	65606
balance in the Ohio Medical Transportation Trust Fund (Fund 4N1),	65607
created in division (B) of section 4766.05 of the Revised Code, to	65608
the Occupational Licensing and Regulatory Fund (Fund 4K9), created	65609
in section 4743.05 of the Revised Code. The director shall cancel	65610
any existing encumbrances against appropriation item 915-601,	65611
Operating Expenses, and re-establish them against appropriation	65612
item 915-604, Operating Expenses. The amounts of the	65613
re-established encumbrances are hereby appropriated. Upon	65614
completion of these transfers, the Ohio Medical Transportation	65615
Trust Fund (Fund 4N1) is hereby abolished.	65616

Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH

65617

General Services Fund Group

65618

151	336-601		Office of Support Services		$	134,060,000		$	148,998,000		65619
TOTAL General Services Fund Group					$	134,060,000		$	148,998,000		65620

Division of Mental Health--

65621

Psychiatric Services to Correctional Facilities

65622

General Revenue Fund

65623

GRF	332-401		Forensic Services		$	4,338,858		$	4,338,858		65624
TOTAL GRF General Revenue Fund					$	4,338,858		$	4,338,858		65625

Section 335.10.10. FORENSIC SERVICES

65627

The foregoing appropriation item 332-401, Forensic Services,	65628
shall be used to provide psychiatric services to courts of common	65629
pleas. The appropriation shall be allocated through community	65630
mental health boards to certified community agencies and shall be	65631
distributed according to the criteria delineated in rule	65632
5122:32-01 of the Administrative Code. These community forensic	65633
funds may also be used to provide forensic training to community	65634
mental health boards and to forensic psychiatry residency programs	65635
in hospitals operated by the Department of Mental Health and to	65636
provide evaluations of patients of forensic status in facilities	65637
operated by the Department of Mental Health prior to conditional	65638
release to the community.	65639

In addition, appropriation item 332-401, Forensic Services,	65640
may be used to support projects involving mental health, substance	65641
abuse, courts, and law enforcement to identify and develop	65642
appropriate alternative services to incarceration for nonviolent	65643
mentally ill offenders, and to provide specialized re-entry	65644
services to offenders leaving prisons and jails. Funds may also be	65645
utilized to provide forensic monitoring and tracking in addition	65646
to community programs serving persons of forensic status on	65647
conditional release or probation.	65648

Section 335.20. Division of Mental Health--

65649

Administration and Statewide Programs

65650

General Revenue Fund

65651

GRF	333-321	Central Administration	$	23,750,000	$	23,750,000	65652
GRF	333-402	Resident Trainees	$	1,364,919	$	1,364,919	65653
GRF	333-403	Pre-Admission Screening Expenses	$	650,135	$	650,135	65654
GRF	333-415	Lease-Rental Payments	$	23,767,400	$	20,504,500	65655
GRF	333-416	Research Program Evaluation	$	1,001,551	$	1,001,551	65656
TOTAL GRF General Revenue Fund			$	50,534,005	$	47,271,105	65657

General Services Fund Group

65658

149	333-609		Central Office Operating		$	1,200,000		$	1,200,000		65659
TOTAL General Services Fund Group					$	1,200,000		$	1,200,000		65660

Federal Special Revenue Fund Group

65661

3A6	333-608	Community & Hospital Services	$	140,000	$	140,000	65662
3A7	333-612	Social Services Block Grant	$	25,000	$	25,000	65663
3A8	333-613	Federal Grant - Administration	$	4,888,105	$	4,888,105	65664
3A9	333-614	Mental Health Block Grant - Administration	$	748,470	$	748,470	65665
3B1	333-635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	65666
324	333-605	Medicaid/Medicare	$	154,500	$	154,500	65667
TOTAL Federal Special Revenue							65668
Fund Group			$	19,647,757	$	19,647,757	65669

State Special Revenue Fund Group

65670

232	333-621	Family and Children First Administration	$	625,000	$	625,000	65671
4X5	333-607	Behavioral Health Medicaid Services	$	3,000,634	$	3,000,634	65672
485	333-632	Mental Health Operating	$	134,233	$	134,233	65673
5V2	333-611	Non-Federal Miscellaneous	$	580,000	$	560,000	65674
TOTAL State Special Revenue							65675
Fund Group			$	4,339,867	$	4,319,867	65676
TOTAL ALL BUDGET FUND GROUPS			$	75,721,629	$	72,438,729	65677

Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS

65679

The foregoing appropriation item 333-402, Resident Trainees,	65680
shall be used to fund training agreements entered into by the	65681
Department of Mental Health for the development of curricula and	65682
the provision of training programs to support public mental health	65683
services.	65684

Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES

65685

The foregoing appropriation item 333-403, Pre-Admission	65686
Screening Expenses, shall be used to pay for costs to ensure that	65687
uniform statewide methods for pre-admission screening are in place	65688
to perform assessments for persons who have severe mental illness	65689
and are referred for long-term Medicaid certified nursing facility	65690
placement. Pre-admission screening includes the following	65691
activities: pre-admission assessment, consideration of continued	65692
stay requests, discharge planning and referral, and adjudication	65693
of appeals and grievance procedures.	65694

Section 335.20.30. LEASE-RENTAL PAYMENTS

65695

The foregoing appropriation item 333-415, Lease-Rental	65696
Payments, shall be used to meet all payments during the period	65697
from July 1, 2007, to June 30, 2009, by the Department of Mental	65698
Health under leases and agreements made under section 154.20 of	65699
the Revised Code. These appropriations are the source of funds	65700
pledged for bond service charges on obligations issued pursuant to	65701
Chapter 154. of the Revised Code.	65702

Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES

65703

The Department of Mental Health shall administer specified	65704
Medicaid Services as delegated by the Department of Job and Family	65705
Services in an interagency agreement. The foregoing appropriation	65706
item 333-607, Behavioral Health Medicaid Services, may be used to	65707
make payments for free-standing psychiatric hospital inpatient	65708
services as defined in an interagency agreement with the	65709
Department of Job and Family Services.	65710

Section 335.20.50. PERFORMANCE AUDIT

65711

The Auditor of State shall complete a performance audit of	65712
the Department of Mental Health. Upon completing the performance	65713
audit, the Auditor of State shall submit a report of the findings	65714
of the audit to the Governor, the President of the Senate, the	65715
Speaker of the House of Representatives, and the Director of	65716
Mental Health. Expenses incurred by the Auditor of State to	65717
conduct the performance audit shall be reimbursed by the	65718
Department of Mental Health.	65719

Section 335.30. DIVISION OF MENTAL HEALTH - HOSPITALS

65720

General Revenue Fund

65721

GRF	334-408	Community and Hospital Mental Health Services	$	400,324,545	$	400,324,545	65722
GRF	334-506	Court Costs	$	976,652	$	976,652	65723
TOTAL GRF General Revenue Fund			$	401,301,197	$	401,301,197	65724

General Services Fund Group

65725

149	334-609	Hospital - Operating Expenses	$	33,800,000	$	33,800,000	65726
150	334-620	Special Education	$	120,930	$	120,930	65727
TOTAL GSF General Services							65728
Fund Group			$	33,920,930	$	33,920,930	65729

Federal Special Revenue Fund Group

65730

3A6	334-608	Subsidy for Federal Grants	$	586,224	$	586,224	65731
3A8	334-613	Federal Letter of Credit	$	200,000	$	200,000	65732
3B0	334-617	Adult Basic and Literary Education	$	182,334	$	182,334	65733
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	65734
324	334-605	Medicaid/Medicare	$	34,500,000	$	50,500,000	65735
TOTAL FED Federal Special Revenue							65736
Fund Group			$	37,468,558	$	53,468,558	65737

State Special Revenue Fund Group

65738

485	334-632	Mental Health Operating	$	3,100,000	$	3,100,000	65739
692	334-636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	65740
TOTAL SSR State Special Revenue							65741
Fund Group			$	3,180,000	$	3,180,000	65742
TOTAL ALL BUDGET FUND GROUPS			$	475,870,685	$	491,870,685	65743

Section 335.30.20. COMMUNITY MENTAL HEALTH BOARD RISK FUND

65745

The foregoing appropriation item 334-636, Community Mental	65746
Health Board Risk Fund, shall be used to make payments under	65747
section 5119.62 of the Revised Code.	65748

Section 335.40. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	65749
SERVICES	65750

General Revenue Fund

65751

GRF	335-404	Behavioral Health Services-Children	$	8,076,153	$	8,711,153	65752
GRF	335-405	Family & Children First	$	2,260,000	$	2,260,000	65753
GRF	335-419	Community Medication Subsidy	$	9,959,798	$	9,959,798	65754
GRF	335-505	Local Mental Health Systems of Care	$	104,187,868	$	104,187,868	65755
TOTAL GRF General Revenue Fund			$	124,483,819	$	125,118,819	65756

General Services Fund Group

65757

4P9	335-604	Community Mental Health Projects	$	250,000	$	250,000	65758
TOTAL GSF General Services							65759
Fund Group			$	250,000	$	250,000	65760

Federal Special Revenue Fund Group

65761

3A6	335-608	Federal Miscellaneous	$	2,178,699	$	2,178,699	65762
3A7	335-612	Social Services Block Grant	$	8,657,288	$	8,657,288	65763
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	2,595,040	$	2,595,040	65764
3A9	335-614	Mental Health Block Grant	$	14,969,400	$	14,969,400	65765
3B1	335-635	Community Medicaid Expansion	$	299,614,455	$	316,699,716	65766
TOTAL FED Federal Special Revenue Fund Group			$	328,014,882	$	345,100,143	65767

State Special Revenue Fund Group

65768

5AU	335-615	Behavioral Healthcare	$	6,690,000	$	6,690,000	65769
632	335-616	Community Capital Replacement	$	350,000	$	350,000	65770
5CH	335-622	Residential Support Service	$	1,500,000	$	1,500,000	65771
TOTAL SSR State Special Revenue Fund Group			$	8,540,000	$	8,540,000	65772

TOTAL ALL BUDGET FUND GROUPS	$	461,288,701	$	479,008,962	65773
DEPARTMENT TOTAL					65774
GENERAL REVENUE FUND	$	580,657,879	$	578,029,979	65775
DEPARTMENT TOTAL					65776
GENERAL SERVICES FUND GROUP	$	169,430,930	$	184,368,930	65777
DEPARTMENT TOTAL					65778
FEDERAL SPECIAL REVENUE					65779
FUND GROUP	$	385,131,197	$	418,216,458	65780
DEPARTMENT TOTAL					65781
STATE SPECIAL REVENUE FUND GROUP	$	16,059,867	$	16,039,867	65782
DEPARTMENT TOTAL					65783
TOTAL DEPARTMENT OF MENTAL HEALTH	$	1,151,279,873	$	1,196,655,234	65784

Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN

65786

The foregoing appropriation item 335-404, Behavioral Health	65787
Services-Children, shall be used to provide behavioral health	65788
services for children and their families. Behavioral health	65789
services include mental health and alcohol and other drug	65790
treatment services and other necessary supports.	65791

Of the foregoing appropriation item 335-404, Behavioral	65792
Health Services-Children, an amount up to $4.5 million in fiscal	65793
year 2008 and $5.5 million in fiscal year 2009 shall be	65794
distributed to local Alcohol, Drug Addiction, and Mental Health	65795
Boards; Community Mental Health Boards; and Alcohol and Drug	65796
Addiction Boards, based upon a distribution formula and guidance	65797
defined by a team of state and local stakeholders appointed by the	65798
Ohio Family and Children First Cabinet Council. This team shall	65799
include, but not be limited to, all of the following:	65800

(A) At least one representative from each of the Departments	65801
of Alcohol and Drug Addiction Services, Mental Health, Education,	65802
Health, Job and Family Services, Mental Retardation and	65803
Developmental Disabilities, and the Department of Youth Services;	65804

(B) At least one person representing local public children's	65805
services agencies;	65806

65807

(D) At least one person representing local Alcohol, Drug	65808
Addiction, and Mental Health Boards; Community Mental Health	65809
Boards; and Alcohol and Drug Addiction Boards;	65810

(E) At least one person representing local Family and	65811
Children First Council Coordinators;	65812

(F) At least one family representative.

65813

Funds may be used to support the following services and	65814
activities as determined by local Alcohol, Drug Addiction, and	65815
Mental Health Boards; Community Mental Health Boards; and Alcohol	65816
and Drug Addiction Boards and local family and children first	65817
councils and aligned with county service coordination mechanism as	65818
described in division (C) of section 121.37 of the Revised Code:	65819

(A) Mental health services provided by the Ohio Department of	65820
Mental Health certified agencies and alcohol and other drug	65821
services provided by Department of Alcohol and Drug Addiction	65822
Services certified agencies;	65823

(B) Services and supports for children and their families	65824
that further the implementation of their individual service plans;	65825

(C) Treatment services in out-of-home settings, including	65826
residential facilities, when other alternatives are not available	65827
or feasible;	65828

(D) Administrative support for efforts associated with this	65829
initiative;	65830

(E) These funds shall not be used to supplant existing	65831
efforts.	65832

Of the foregoing appropriation item 335-404, Behavioral	65833
Health Services-Children, an amount up to $1.0 million in fiscal	65834
year 2008 and $1.0 million in fiscal year 2009 shall be used to	65835
support projects, as determined by the Ohio Family and Children	65836
First Cabinet Council, in select areas around the state to focus	65837
on improving behavioral health juvenile justice services.	65838

Of the foregoing appropriation item 335-405, Family &	65839
Children First, an amount up to $500,000 in fiscal year 2008 and	65840
$500,000 in fiscal year 2009 shall be used for children for whom	65841
the primary focus of treatment is not a mental health or alcohol	65842
or drug addiction disorder and require services or supports to	65843
assist those needs through the County Family and Children First	65844
Council.	65845

Of the foregoing appropriation item 335-404, Behavioral	65846
Health Services – Children, an amount up to $500,000 in each	65847
fiscal year shall be used to provide behavioral health treatment	65848
services for children from birth to age seven.	65849

Section 335.40.15. BEHAVIORAL HEALTH PILOT PROGRAM IN	65850
SPECIFIED COUNTIES	65851

(A) As used in this section:

65852

(1) "Local boards" means all of the following, collectively:

65853

(a) The Clermont County Mental Health & Recovery Board;

65854

(b) The Heartland East Collaborative, which is comprised of	65855
the Ashtabula Mental Health & Recovery Board; the Columbiana	65856
County Mental Health & Recovery Board; the Mental Health &	65857
Recovery Board of Portage County; the Alcohol & Drug Addiction	65858
Services Board of Stark County; the Stark County Community Mental	65859
Health Board; and the Mental Health & Recovery Board of Wayne and	65860
Holmes Counties;	65861

(c) The Alcohol, Drug and Mental Health Board of Franklin	65862
County;	65863

(d) The Geauga County Board of Mental Health and Recovery	65864
Services;	65865

(e) The Mental Health, Drug and Alcohol Services Board of	65866
Logan and Champaign Counties;	65867

(f) The Mental Health & Recovery Services Board of Lucas	65868
County;	65869

(g) The Gallia-Jackson-Meigs Board of Alcohol, Drug Addiction	65870
and Mental Health Services;	65871

(h) The Mental Health and Recovery Services Board of Richland	65872
County.	65873

(2) "Governmental behavioral health entities" means the local	65874
boards and the Departments of Mental Health, Alcohol and Drug	65875
Addiction Services, and Job and Family Services, collectively.	65876

(B) Not later than October 1, 2007, the governmental	65877
behavioral health entities shall develop and operate a behavioral	65878
health pilot program in the counties served by the local boards.	65879
The purpose of the program is to test one or more models of a	65880
system of care for community behavioral health services delivered	65881
to individuals described in division (E) of this section. The	65882
pilot program shall cease to operate on June 30, 2009.	65883

(C) The models tested by the pilot program shall propose to	65884
do all of the following:	65885

(1) Provide clinically appropriate and timely services;

65886

(2) Provide improved access to a full continuum of care to	65887
Medicaid recipients and individuals who are not Medicaid	65888
recipients;	65889

(3) Improve the quality of services provided;

65890

(4) Improve accountability for services provided through	65891
measurement of outcomes;	65892

(5) Control costs to assure financial viability;

65893

(6) Consider all public funds administered through the	65894
boards;	65895

(7) Have the ability to be replicated in all regions of the	65896
state.	65897

(D) The pilot program may include the following elements:

65898

(1) Development of defined service packages;

65899

(2) Guidelines to ensure that service types and amounts match	65900
individual needs;	65901

(3) Identification and tracking of outcomes;

65902

(4) A process for care coordination and utilization review	65903
and management;	65904

(5) Performance standards for provider participation.

65905

(E) The pilot program shall target the following individuals:

65906

(1) Adults who reside in the counties served by the local	65907
boards and have been diagnosed as suffering from one or more	65908
serious mental illnesses;	65909

(2) Adults who reside in the counties served by the local	65910
boards and have been diagnosed as suffering from alcoholism or	65911
drug addiction, or both;	65912

(3) Adults who reside in the counties served by the local	65913
boards and have been diagnosed as suffering from at least one of	65914
the conditions described in division (E)(1) of this section and at	65915
least one of the conditions described in division (E)(2) of this	65916
section, who have been identified as having a high risk for	65917
frequent utilization of behavioral health services, and who	65918
currently receive services from the public behavioral health	65919
system.	65920

To the extent determined appropriate by the advisory	65921
committee that the governmental behavioral health entities must	65922
convene under division (G) of this section, the pilot program may	65923
target adults who have been identified as having a high risk for	65924
frequent utilization of behavioral health services, regardless of	65925
diagnosis.	65926

(F) The governmental behavioral health entities shall conduct	65927
an interim and final evaluation of the pilot program. A report	65928
summarizing the findings of the interim evaluation shall be	65929
submitted to the Governor, the Speaker and Minority Leader of the	65930
House of Representatives, the President and Minority Leader of the	65931
Senate, and the Directors of Mental Health, Alcohol and Drug	65932
Addiction Services, and Job and Family Services not later than	65933
January 30, 2009. A report summarizing the findings of the final	65934
evaluation shall be submitted to the Governor, the Speaker and	65935
Minority Leader of the House of Representatives, the President and	65936
Minority Leader of the Senate, and the Directors of Mental Health,	65937
Alcohol and Drug Addiction Services, and Job and Family Services	65938
not later than September 1, 2009.	65939

(G) The governmental behavioral health entities shall convene	65940
an advisory committee to consult them in the development and	65941
operation of the pilot program. Members of the advisory committee	65942
shall represent consumers, advocacy groups, and providers of	65943
alcohol and drug addiction or mental health services.	65944

On submission of the report summarizing the results of the	65945
final evaluation of the pilot program, the advisory committee	65946
shall cease to exist.	65947

Section 335.40.20. COMMUNITY MEDICATION SUBSIDY

65948

The foregoing appropriation item 335-419, Community	65949
Medication Subsidy, shall be used to provide subsidized support	65950
for psychotropic medication needs of indigent citizens in the	65951
community to reduce unnecessary hospitalization because of lack of	65952
medication and to provide subsidized support for methadone costs.	65953

Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE

65954

The foregoing appropriation item 335-505, Local Mental Health	65955
Systems of Care, shall be used for mental health services provided	65956
by community mental health boards in accordance with a community	65957
mental health plan submitted under section 340.03 of the Revised	65958
Code and as approved by the Department of Mental Health.	65959

Of the foregoing appropriation item 334-505, Local Mental	65960
Health Systems of Care, not less than $37,058,917 in fiscal year	65961
2008 and not less than $37,058,917 in fiscal year 2009 shall be	65962
distributed by the Department of Mental Health on a per capita	65963
basis to community mental health boards.	65964

Of the foregoing appropriation item 335-505, Local Mental	65965
Health Systems of Care, $10,000 in each fiscal year shall be	65966
allocated to The Gathering Place in Athens.	65967

Of the foregoing appropriation 335-505, Local Mental Health	65968
Systems of Care, $150,000 in each fiscal year shall be used to	65969
fund family and consumer education and support.	65970

Section 335.40.40. RESIDENTIAL STATE SUPPLEMENT

65971

The foregoing appropriation item 335-622, Residential State	65972
Supplement, shall be used to provide subsidized support for	65973
licensed adult care facilities that serve individuals with mental	65974
illness.	65975

Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND	65976
DEVELOPMENTAL DISABILITIES	65977

Section 337.20. GENERAL ADMINISTRATION AND STATEWIDE	65978
SERVICES	65979

General Revenue Fund

65980

GRF	320-321	Central Administration	$	9,638,610	$	9,638,610	65981
GRF	320-412	Protective Services	$	2,792,322	$	2,792,322	65982
GRF	320-415	Lease-Rental Payments	$	23,767,400	$	20,504,500	65983
TOTAL GRF General Revenue Fund			$	36,198,332	$	32,935,432	65984

General Services Fund Group

65985

4B5	320-640	Training and Service Development	$	100,000	$	100,000	65986
TOTAL GSF General Services							65987
Fund Group			$	100,000	$	100,000	65988

Federal Special Revenue Fund Group

65989

3A5	320-613	DD Council	$	2,705,004	$	2,743,630	65990
TOTAL FED Federal Special Revenue							65991
Fund Group			$	2,705,004	$	2,743,630	65992

State Special Revenue Fund Group							65993
5S2	590-622	Medicaid Administration & Oversight	$	11,003,855	$	11,472,335	65994
TOTAL SSR State Special Revenue							65995
Fund Group			$	11,003,855	$	11,472,335	65996
TOTAL ALL GENERAL ADMINISTRATION							65997
AND STATEWIDE SERVICES							65998
BUDGET FUND GROUPS			$	50,007,191	$	47,251,397	65999

Section 337.20.10. LEASE-RENTAL PAYMENTS

66000

The foregoing appropriation item 320-415, Lease-Rental	66001
Payments, shall be used to meet all payments at the time they are	66002
required to be made during the period from July 1, 2007, to June	66003
30, 2009, by the Department of Mental Retardation and	66004
Developmental Disabilities under leases and agreements made under	66005
section 154.20 of the Revised Code. These appropriations are the	66006
source of funds pledged for bond service charges or obligations	66007
issued pursuant to Chapter 154. of the Revised Code.	66008

Section 337.20.20. MR/DD FUTURES STUDY COMMITTEE

66009

(A) There is hereby created the MR/DD Futures Study	66010
Committee. The Committee shall consist of the following:	66011

(1) One member who is an individual eligible to receive	66012
services from a county board of mental retardation and	66013
developmental disabilities, appointed by the Governor;	66014

(2) One member who is an immediate family member of an	66015
individual eligible to receive services from a county board of	66016
mental retardation and developmental disabilities, appointed by	66017
the Governor;	66018

(3) Two members who are members of the House of	66019
Representatives, appointed by the Speaker of the House of	66020
Representatives as follows:	66021

(a) One member from the majority party;

66022

(b) One member from the minority party.

66023

(4) Two members who are members of the Senate, appointed by	66024
the President of the Senate as follows:	66025

(a) One member from the majority party;

66026

(b) One member from the minority party.

66027

(5) Four members of statewide advocacy organizations for	66028
individuals with mental retardation or other developmental	66029
disabilities, appointed as follows:	66030

(a) One member by the Board of Trustees of the Arc of Ohio;

66031

(b) One member by the Board of Directors of the Ohio League	66032
for the Mentally Retarded;	66033

66034

(d) One member by the governing board of an organization	66035
designated by the Director of Mental Retardation and Developmental	66036
Disabilities;	66037

(6) One member appointed by the Board of Directors of the	66038
Ohio Self-Determination Association;	66039

(7) One member appointed by the governing authority of the	66040
Ohio Superintendents of County Boards of Mental Retardation and	66041
Developmental Disabilities Association;	66042

(8) Two members appointed by the Board of Trustees of the	66043
Ohio Association of County Boards of Mental Retardation and	66044
Developmental Disabilities;	66045

(9) One member appointed by the Board of Trustees of the	66046
County Commissioners' Association of Ohio;	66047

(10) Two members appointed by the Board of Trustees of the	66048
Ohio Provider Resource Association;	66049

(11) One member appointed by the Board of Directors of the	66050
Ohio Health Care Association;	66051

(12) The Director of Job and Family Services or the	66052
Director's designee;	66053

(13) Two members appointed by the Governor who are	66054
representatives of statewide labor organizations representing	66055
public employees;	66056

(14) The Director of Mental Retardation and Developmental	66057
Disabilities, who shall serve as the committee's chairperson.	66058

(B) The Governor shall not appoint an individual under	66059
division (A)(1) or (2) of this section if the individual is an	66060
employee of the state, an employee or member of a county board of	66061
mental retardation and developmental disabilities, or an employee	66062
or a governing board member of a provider of services to an	66063
individual with mental retardation and developmental disabilities.	66064

(C) Members of the Committee shall be appointed not later	66065
than thirty days after the effective date of this section. Members	66066
of the Committee shall serve without compensation, except to the	66067
extent that serving on the committee is considered part of their	66068
regular employment duties. The Department of Mental Retardation	66069
and Developmental Disabilities may reimburse members of the	66070
Committee for their reasonable travel expenses.	66071

(D) The Committee shall meet at times and locations	66072
determined by the chairperson to do all of the following:	66073

(1) Review the effectiveness, efficiency, and sustainability	66074
of current uses of funding for the state's mental retardation and	66075
developmental disabilities system;	66076

(2) Propose alternatives for effectively funding the	66077
nonfederal share of Medicaid expenditures for home and	66078
community-based services for individuals with mental retardation	66079
and other developmental disabilities, including the amendments by	66080
this act to sections 5123.047, 5123.048, 5123.0414, 5126.059,	66081
5126.0510, 5126.0511, and 5126.0512 of the Revised Code.	66082

(3) Identify the potential for reducing administrative costs	66083
in the state's mental retardation and developmental disabilities	66084
system;	66085

(4) Propose alternatives for effectively balancing revenues	66086
available to the state and the county boards of mental retardation	66087
and developmental disabilities to fulfill their responsibilities	66088
for funding, planning, and monitoring the delivery of mental	66089
retardation and developmental disability services;	66090

(5) Examine the efficiency and effectiveness of the current	66091
system of separate and concurrent mental retardation and	66092
developmental disabilities accreditation, licensure,	66093
certification, quality assurance, and quality improvement	66094
activities and propose changes to improve that system;	66095

(6) Recommend steps necessary to assure the long term	66096
financial sustainability of mental retardation and developmental	66097
disability services to meet current and future needs while	66098
affording counties the ability to make local decisions about the	66099
priority uses of local tax levy funding;	66100

(7) Determine the feasibility and potential benefits of	66101
regional planning approaches to meet specialized and intensive	66102
service needs;	66103

(8) Propose improvements needed and action steps to fully	66104
realize the principle of self-determination by individuals with	66105
mental retardation and other developmental disabilities;	66106

(9) Evaluate the effectiveness and equity of the state's	66107
mental retardation and developmental disabilities systems' uses of	66108
waiting and service substitution lists, priority populations, and	66109
having separate acuity instruments that vary by service setting;	66110

(10) Review other matters the Director of Mental Retardation	66111
and Developmental Disabilities considers appropriate for	66112
evaluations.	66113

(E) The Committee shall not transact business unless a quorum	66114
is present. A majority of the Committee members constitutes a	66115
quorum.	66116

(F) Not later than March 30, 2008, the Committee shall submit	66117
a report on its actions and recommendations to the Governor and	66118
General Assembly. The Committee shall cease to exist on submission	66119
of the report.	66120

Section 337.30. COMMUNITY SERVICES

66121

General Revenue Fund

66122

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	66123
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	66124
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	66125
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	66126
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	66127
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	66128
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	66129

General Services Fund Group

66130

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	66131
5MO	322-628	Martin Settlement	$	150,000	$	0	66132
TOTAL GSF General Services							66133
Fund Group			$	160,000	$	10,000	66134

Federal Special Revenue Fund Group

66135

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	66136
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	66137
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	66138
TOTAL FED Federal Special Revenue							66139
Fund Group			$	471,775,998	$	517,783,468	66140

State Special Revenue Fund Group

66141

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	66142
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	66143
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	66144
5EV	322-627	Program Fees	$	20,000	$	20,000	66145
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	66146
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	66147
TOTAL SSR State Special Revenue							66148
Fund Group			$	166,661,594	$	178,013,700	66149
TOTAL ALL COMMUNITY SERVICES							66150
BUDGET FUND GROUPS			$	869,271,565	$	949,357,826	66151

Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES

66153

The Department of Mental Retardation and Developmental	66154
Disabilities may designate a portion of appropriation item	66155
322-413, Residential and Support Services, for Sermak Class	66156
Services used to implement the requirements of the agreement	66157
settling the condecree in Sermak v. Manuel, Case No. c-2-80-220,	66158
United States District Court for the Southern District of Ohio,	66159
Eastern Division.	66160

Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE	66161
PROGRAMS	66162

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	66163
the Department of Mental Retardation and Developmental	66164
Disabilities may develop residential and support service programs	66165
funded by appropriation item 322-413, Residential and Support	66166
Services; appropriation item 322-416, Medicaid Waiver - State	66167
Match, appropriation item 322-451, Family Support Services, and	66168
the appropriation for supported living in appropriation item	66169
322-501, County Board Subsidy, that enable persons with mental	66170
retardation and developmental disabilities to live in the	66171
community. Notwithstanding Chapter 5121. and section 5123.122 of	66172
the Revised Code, the Department may waive the support collection	66173
requirements of those statutes for persons in community programs	66174
developed by the Department under this section. The Department	66175
shall adopt rules under Chapter 119. of the Revised Code or may	66176
use existing rules for the implementation of these programs.	66177

Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)

66178

The purposes for which the foregoing appropriation item	66179
322-416, Medicaid Waiver - State Match, shall be used include the	66180
following:	66181

(A) Home and community-based waiver services under Title XIX	66182
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	66183
as amended.	66184

(B) Services contracted by county boards of mental	66185
retardation and developmental disabilities.	66186

(C) To pay the nonfederal share of the cost of one or more	66187
new intermediate care facility for the mentally retarded certified	66188
beds in a county where the county board of mental retardation and	66189
developmental disabilities does not initiate or support the	66190
development or certification of such beds, if the Director of	66191
Mental Retardation and Developmental Disabilities is required by	66192
this act to transfer to the Director of Job and Family Services	66193
funds to pay such nonfederal share.	66194

The Department of Mental Retardation and Developmental	66195
Disabilities may designate a portion of appropriation item	66196
322-416, Medicaid Waiver - State Match, to county boards of mental	66197
retardation and developmental disabilities that have greater need	66198
for various residential and support services because of a low	66199
percentage of residential and support services development in	66200
comparison to the number of individuals with mental retardation or	66201
developmental disabilities in the county.	66202

Section 337.30.40. STATE SUBSIDY TO COUNTY MR/DD BOARDS

66203

The Department of Mental Retardation and Developmental	66204
Disabilities shall use the foregoing appropriation item 322-501,	66205
County Boards Subsidy, to pay each county board of mental	66206
retardation and developmental disabilities in each fiscal year of	66207
the biennium an amount that is equal to the amount such board	66208
received in fiscal year 2007 from former appropriation items	66209
322-417, Supported Living; 322-452, Service and Support	66210
Administration; and 322-501, County Boards Subsidies.	66211

County boards shall use the subsidy for early childhood	66212
services and adult services provided under section 5126.05 of the	66213
Revised Code, service and support administration provided under	66214
section 5126.15 of the Revised Code, and supported living services	66215
provided under sections 5126.40 to 5126.47 of the Revised Code.	66216

In the event that the appropriation in appropriation item	66217
322-501, County Board Subsidy, for fiscal year 2008 or fiscal year	66218
2009 is greater than the subsidy paid by the Department for fiscal	66219
year 2007, the Department and county boards shall develop a	66220
formula for allocating the additional appropriation to each county	66221
board to support priorities determined by the Department and	66222
county boards.	66223

The Department shall distribute this subsidy to county boards	66224
in quarterly installments of equal amounts. The installments shall	66225
be made not later than the thirtieth day of September, the	66226
thirty-first day of December, the thirty-first day of March, and	66227
thirtieth day of June.	66228

The Department also may use the foregoing appropriation item	66229
322-501, County Boards Subsidy, to pay the nonfederal share of the	66230
cost of one or more new intermediate care facility for the	66231
mentally retarded certified beds in a county where the county	66232
board of mental retardation and developmental disabilities	66233
initiates or supports the development or certification of such	66234
beds, if the Director of Mental Retardation and Developmental	66235
Disabilities is required by this act to transfer to the Director	66236
of Job and Family Services funds to pay such nonfederal share.	66237

Section 337.30.45. MARTIN CONSENT ORDER COMPLIANCE

66238

To comply with the Martin Consent Order, on July 1, 2007, or	66239
as soon as possible thereafter, the Director of Budget and	66240
Management shall transfer $150,000 in cash from the General	66241
Revenue Fund to the Program Income Fund (FUND 5MO).	66242

Section 337.30.50. MEDICAID WAIVER - STATE MATCH (FUND 4K8)

66243

The foregoing appropriation item 322-604, Medicaid Waiver -	66244
State Match (Fund 4K8), shall be used as state matching funds for	66245
the home and community-based waivers.	66246

Section 337.30.60. TARGETED CASE MANAGEMENT SERVICES

66247

County boards of mental retardation and developmental	66248
disabilities shall pay the nonfederal portion of targeted case	66249
management costs to the Department of Mental Retardation and	66250
Developmental Disabilities. The Director of Mental Retardation and	66251
Developmental Disabilities shall withhold any amount owed to the	66252
Department from subsequent disbursements from any appropriation	66253
item or money otherwise due to a nonpaying county.	66254

The Departments of Mental Retardation and Developmental	66255
Disabilities and Job and Family Services may enter into an	66256
interagency agreement under which the Department of Mental	66257
Retardation and Developmental Disabilities shall pay the	66258
Department of Job and Family Services the nonfederal portion of	66259
the cost of targeted case management services paid by county	66260
boards and the Department of Job and Family Services shall pay the	66261
total cost of targeted case management claims.	66262

Section 337.30.70. TRANSFER TO PROGRAM FEE FUND

66263

On July 1, 2007, or as soon as possible thereafter, the	66264
Director of Mental Retardation and Developmental Disabilities	66265
shall certify to the Director of Budget and Management the amount	66266
of cash that has been deposited into Fund 4B5,	66267
Conference/Training, pursuant to sections 5123.19 and 5126.25 of	66268
the Revised Code, less the amount that has been expended from Fund	66269
4B5 to operate the Certification and Registration Program	66270
established under section 5126.25 of the Revised Code and to	66271
license and inspect residential facilities as outlined in section	66272
5123.19 of the Revised Code. The certified amount shall not	66273
include amounts deposited into Fund 4B5 for training and	66274
conferences conducted by the Department of Mental Retardation and	66275
Developmental Disabilities. Upon receipt of the certification, the	66276
Director of Budget and Management shall transfer cash equal to the	66277
amount certified and all associated liabilities and obligations to	66278
Fund 5EV, Program Fee Fund, in the Department of Mental	66279
Retardation and Developmental Disabilities.	66280

Section 337.30.80. DEVELOPMENTAL CENTER BILLING FOR SERVICES

66281

Developmental centers of the Department of Mental Retardation	66282
and Developmental Disabilities may provide services to persons	66283
with mental retardation or developmental disabilities living in	66284
the community or to providers of services to these persons. The	66285
Department may develop a method for recovery of all costs	66286
associated with the provisions of these services.	66287

Section 337.40. RESIDENTIAL FACILITIES

66288

General Revenue Fund

66289

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		66290
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		66291

General Services Fund Group

66292

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	66293
TOTAL GSF General Services							66294
Fund Group			$	912,177	$	912,177	66295

Federal Special Revenue Fund Group

66296

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	66297
TOTAL FED Federal Special Revenue							66298
Fund Group			$	136,299,536	$	137,555,308	66299

State Special Revenue Fund Group

66300

221	322-620	Supplement Service Trust	$	150,000	$	150,000	66301
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	66302
TOTAL SSR State Special Revenue							66303
Fund Group			$	14,693,764	$	14,821,616	66304
TOTAL ALL RESIDENTIAL FACILITIES							66305
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	66306

DEPARTMENT TOTAL					66307
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	66308
DEPARTMENT TOTAL					66309
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	66310
DEPARTMENT TOTAL					66311
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	66312
DEPARTMENT TOTAL					66313
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	204,307,651	66314
TOTAL DEPARTMENT OF MENTAL					66315
RETARDATION AND DEVELOPMENTAL					66316
DISABILITIES	$	1,173,981,084	$	1,252,695,175	66317

Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	66319
PHARMACY PROGRAMS	66320

The Department of Mental Retardation and Developmental	66321
Disabilities shall pay the Department of Job and Family Services	66322
quarterly, through intrastate transfer voucher, the nonfederal	66323
share of Medicaid prescription drug claim costs for all	66324
developmental centers paid by the Department of Job and Family	66325
Services.	66326

Section 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	66327
PROGRAM	66328

The Director of Mental Retardation and Developmental	66329
Disabilities, working with the Director of Job and Family	66330
Services, shall establish a pilot program to be operated during	66331
calendar year 2008 under which the Gallipolis Developmental Center	66332
provides home and community-based services under the Individual	66333
Options Medicaid waiver program to not more than ten individuals	66334
at one time. The pilot program shall be operated in a manner	66335
consistent with the terms of the consent order filed March 5,	66336
2007, in Martin v. Strickland, Case No. 89-CV-00362, in the United	66337
States District Court for the Southern District of Ohio, Eastern	66338
Division. The pilot program also shall be operated in a manner	66339
consistent with the federal Medicaid waiver authorizing the	66340
Individual Options Medicaid waiver program. Only individuals	66341
eligible for the Individual Options Medicaid waiver program who	66342
volunteer to receive home and community-based services under the	66343
Individual Options Medicaid waiver program from the Gallipolis	66344
Developmental Center may participate in the pilot program. The	66345
Director of Mental Retardation and Developmental Disabilities and	66346
the Director of Job and Family Services shall provide the	66347
Gallipolis Developmental Center assistance the Center needs	66348
regarding the pilot program.	66349

The Director of Mental Retardation and Developmental	66350
Disabilities shall conduct an evaluation of the pilot program,	66351
including an evaluation of the quality and effectiveness of the	66352
home and community-based services the Gallipolis Developmental	66353
Center provides under the pilot program. The Director shall submit	66354
a report of the evaluation to the Governor and the General	66355
Assembly not later than April 1, 2009. The Director shall include	66356
in the report recommendations for or against permitting the	66357
Gallipolis Developmental Center to continue to provide home and	66358
community-based services under the Individual Options Medicaid	66359
waiver program and permitting other developmental centers to begin	66360
to provide these services.	66361

Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT	66362
SERVICES	66363

Any county funds received by the Department from county	66364
boards for active treatment shall be deposited in Fund 489, Mental	66365
Retardation Operating.	66366

Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS

66367

(A) As used in this section:

66368

(1) "Family support services," "home and community-based	66369
services," "service and support administration," and "supported	66370
living" have the same meaning as in section 5126.01 of the Revised	66371
Code.	66372

(2) "Intermediate care facility for the mentally retarded"	66373
has the same meaning as in section 5111.20 of the Revised Code.	66374

(B) If one or more new beds obtain certification as an	66375
intermediate care facility for the mentally retarded bed on or	66376
after July 1, 2007, the Director of Mental Retardation and	66377
Developmental Disabilities shall transfer funds to the Department	66378
of Job and Family Services to pay the nonfederal share of the cost	66379
under the Medicaid Program for those beds. The Director shall use	66380
only the following funds for the transfer:	66381

(1) If the beds are located in a county served by a county	66382
board of mental retardation and developmental disabilities that	66383
does not initiate or support the beds' certification, funds	66384
appropriated to the Department of Mental Retardation and	66385
Developmental Disabilities for home and community-based services	66386
and supported living for which the Director is authorized to make	66387
allocations to county boards;	66388

(2) If the beds are located in a county served by a county	66389
board that initiates or supports the beds' certification, funds	66390
appropriated to the Department for family support services,	66391
service and support administration, and other services for which	66392
the Director is authorized to make allocations to counties.	66393

(C) The funds that the Director transfers under division	66394
(B)(2) of this section shall be funds that the Director has	66395
allocated to the county board serving the county in which the beds	66396
are located unless the amount of the allocation is insufficient to	66397
pay the entire nonfederal share of the cost under the Medicaid	66398
Program for those beds. If the allocation is insufficient, the	66399
Director shall use as much of such funds allocated to other	66400
counties as is needed to make up the difference.	66401

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

66402

General Revenue Fund

66403

GRF	149-321	Operating Expenses	$	550,211	$	561,216	66404
GRF	149-501	Minority Health Grants	$	670,965	$	1,670,965	66405
GRF	149-502	Lupus Program	$	136,126	$	136,126	66406
TOTAL GRF General Revenue Fund			$	1,357,302	$	2,368,307	66407

Federal Special Revenue Fund Group

66408

3J9	149-602	Federal Grants	$	457,486	$	320,297	66409
TOTAL FED Federal Special Revenue							66410
Fund Group			$	457,486	$	320,297	66411

State Special Revenue Fund Group

66412

4C2	149-601	Minority Health Conference	$	150,000	$	150,000	66413
TOTAL SSR State Special Revenue							66414
Fund Group			$	150,000	$	150,000	66415
TOTAL ALL BUDGET FUND GROUPS			$	1,964,788	$	2,838,604	66416

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	66418
REGISTRATION BOARD	66419

General Service Fund Group

66420

4K9	865-601	Operating Expenses	$	334,995	$	334,995	66421
TOTAL GSF General Services							66422
Fund Group			$	334,995	$	334,995	66423
TOTAL ALL BUDGET FUND GROUPS			$	334,995	$	334,995	66424

CASH TRANSFER TO OCCUPATIONAL LICENSING AND REGULATORY FUND	66425
(FUND 4K9)	66426

Effective July 1, 2007, or as soon as possible thereafter,	66427
the Director of Budget and Management may transfer the cash	66428
balance in the Motor Vehicle Collision Repair Registration Fund	66429
(Fund 5H9), created in division (A) of section 4775.08 of the	66430
Revised Code, to the Occupational Licensing and Regulatory Fund	66431
(Fund 4K9), created in section 4743.05 of the Revised Code. The	66432
Director may cancel any existing encumbrances against	66433
appropriation item 865-609, Operating Expenses – CRB, in Fund 5H9,	66434
and re-establish them against appropriation item 865-601,	66435
Operating Expenses, in Fund 4K9. The amounts of the re-established	66436
encumbrances are hereby appropriated. The Motor Vehicle Collision	66437
Repair Registration Fund (Fund 5H9), created in division (A) of	66438
section 4775.08 of the Revised Code, is hereby abolished.	66439

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

66440

General Revenue Fund

66441

GRF	725-401	Wildlife-GRF Central Support	$	2,705,950	$	2,800,930	66442
GRF	725-404	Fountain Square Rental Payments - OBA	$	1,094,900	$	1,081,200	66443
GRF	725-407	Conservation Reserve Enhancement Program	$	1,000,000	$	1,000,000	66444
GRF	725-413	Lease Rental Payments	$	19,589,400	$	18,316,200	66445
GRF	725-423	Stream and Ground Water Gauging	$	311,910	$	311,910	66446
GRF	725-425	Wildlife License Reimbursement	$	500,000	$	400,000	66447
GRF	725-456	Canal Lands	$	332,859	$	332,859	66448
GRF	725-502	Soil and Water Districts	$	12,237,420	$	12,895,791	66449
GRF	725-903	Natural Resources General Obligation Debt Service	$	24,713,800	$	25,723,000	66450
GRF	727-321	Division of Forestry	$	8,541,511	$	8,541,511	66451
GRF	728-321	Division of Geological Survey	$	1,799,222	$	1,825,150	66452
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	66453
GRF	730-321	Division of Parks and Recreation	$	39,874,841	$	39,874,841	66454
GRF	733-321	Division of Water	$	3,207,619	$	3,257,619	66455
GRF	736-321	Division of Engineering	$	3,118,703	$	3,118,703	66456
GRF	737-321	Division of Soil and Water	$	4,074,788	$	4,074,788	66457
GRF	738-321	Division of Real Estate and Land Management	$	2,291,874	$	2,291,874	66458
GRF	741-321	Division of Natural Areas and Preserves	$	3,050,000	$	3,050,000	66459
GRF	744-321	Division of Mineral Resources Management	$	3,068,167	$	3,068,167	66460
TOTAL GRF General Revenue Fund			$	131,953,859	$	132,405,438	66461

General Services Fund Group

66462

155	725-601	Departmental Projects	$	2,259,402	$	2,260,021	66463
157	725-651	Central Support Indirect	$	6,228,950	$	6,528,675	66464
204	725-687	Information Services	$	4,676,627	$	4,676,627	66465
207	725-690	Real Estate Services	$	64,000	$	64,000	66466
223	725-665	Law Enforcement Administration	$	2,230,485	$	2,358,307	66467
227	725-406	Parks Projects Personnel	$	110,000	$	110,000	66468
4D5	725-618	Recycled Materials	$	50,000	$	50,000	66469
4S9	725-622	NatureWorks Personnel	$	525,000	$	525,000	66470
4X8	725-662	Water Resources Council	$	125,000	$	125,000	66471
430	725-671	Canal Lands	$	1,150,082	$	1,150,082	66472
508	725-684	Natural Resources Publications	$	148,527	$	148,280	66473
510	725-631	Maintenance - State-owned Residences	$	353,611	$	303,611	66474
516	725-620	Water Management	$	2,913,618	$	2,931,513	66475
635	725-664	Fountain Square Facilities Management	$	3,609,835	$	3,640,398	66476
697	725-670	Submerged Lands	$	751,342	$	772,011	66477
TOTAL GSF General Services							66478
Fund Group			$	25,196,479	$	25,643,525	66479

Federal Special Revenue Fund Group

66480

3B3	725-640	Federal Forest Pass-Thru	$	225,000	$	225,000	66481
3B4	725-641	Federal Flood Pass-Thru	$	490,000	$	490,000	66482
3B5	725-645	Federal Abandoned Mine Lands	$	14,307,664	$	14,307,667	66483
3B6	725-653	Federal Land and Water Conservation Grants	$	2,000,000	$	2,000,000	66484
3B7	725-654	Reclamation - Regulatory	$	2,107,291	$	2,107,292	66485
3P0	725-630	Natural Areas and Preserves - Federal	$	215,000	$	215,000	66486
3P1	725-632	Geological Survey - Federal	$	655,000	$	720,000	66487
3P2	725-642	Oil and Gas-Federal	$	226,961	$	234,509	66488
3P3	725-650	Coastal Management - Federal	$	2,643,323	$	1,691,237	66489
3P4	725-660	Water - Federal	$	316,304	$	316,734	66490
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	1,999,998	$	2,025,001	66491
3Z5	725-657	REALM-Federal	$	1,850,000	$	1,850,000	66492
332	725-669	Federal Mine Safety Grant	$	258,102	$	258,102	66493
TOTAL FED Federal Special Revenue							66494
Fund Group			$	27,294,643	$	26,440,542	66495

State Special Revenue Fund Group

66496

4J2	725-628	Injection Well Review	$	67,578	$	68,933	66497
4M7	725-631	Wildfire Suppression	$	70,000	$	0	66498
4M7	725-686	Wildfire Suppression	$	100,000	$	100,000	66499
4U6	725-668	Scenic Rivers Protection	$	407,100	$	407,100	66500
5BV	725-683	Soil and Water Districts	$	1,850,000	$	1,850,000	66501
5B3	725-674	Mining Regulation	$	28,850	$	28,850	66502
5K1	725-626	Urban Forestry Grant	$	10,000	$	12,000	66503
5P2	725-634	Wildlife Boater Angler Administration	$	3,500,000	$	3,500,000	66504
509	725-602	State Forest	$	5,070,946	$	5,211,924	66505
511	725-646	Ohio Geological Mapping	$	815,179	$	724,310	66506
512	725-605	State Parks Operations	$	27,314,288	$	27,314,288	66507
512	725-680	Parks Facilities Maintenance	$	2,576,240	$	2,576,240	66508
514	725-606	Lake Erie Shoreline	$	917,113	$	757,113	66509
518	725-643	Oil and Gas Permit Fees	$	2,574,378	$	2,586,568	66510
518	725-677	Oil and Gas Well Plugging	$	800,000	$	800,000	66511
521	725-627	Off-Road Vehicle Trails	$	198,490	$	143,490	66512
522	725-656	Natural Areas and Preserves	$	1,550,670	$	1,550,670	66513
526	725-610	Strip Mining Administration Fee	$	1,932,491	$	1,903,871	66514
527	725-637	Surface Mining Administration	$	1,852,842	$	1,946,591	66515
529	725-639	Unreclaimed Land Fund	$	2,892,516	$	2,024,257	66516
531	725-648	Reclamation Forfeiture	$	2,062,234	$	2,062,237	66517
532	725-644	Litter Control and Recycling	$	6,280,681	$	6,280,681	66518
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	66519
615	725-661	Dam Safety	$	548,223	$	595,416	66520
TOTAL SSR State Special Revenue							66521
Fund Group			$	64,419,819	$	63,444,539	66522

Clean Ohio Fund Group

66523

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		66524
TOTAL CLF Clean Ohio Fund Group					$	155,000		$	155,000		66525

Wildlife Fund Group

66526

015	740-401	Division of Wildlife Conservation	$	53,706,000	$	54,906,000	66527
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	66528
816	725-649	Wetlands Habitat	$	966,885	$	966,885	66529
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	66530
818	725-629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	66531
819	725-685	Ohio River Management	$	128,584	$	128,584	66532
TOTAL WLF Wildlife Fund Group			$	61,421,918	$	62,621,918	66533

Waterways Safety Fund Group

66534

086	725-414	Waterways Improvement	$	3,925,075	$	4,062,452	66535
086	725-418	Buoy Placement	$	52,182	$	52,182	66536
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	66537
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	66538
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	66539
086	739-401	Division of Watercraft	$	19,626,681	$	20,166,681	66540
5AW	725-682	Watercraft Revolving Loans	$	1,000,000	$	1,000,000	66541
TOTAL WSF Waterways Safety Fund							66542
Group			$	25,684,601	$	26,361,978	66543

Holding Account Redistribution Fund Group

66544

R17	725-659	Performance Cash Bond Refunds	$	279,263	$	279,263	66545
R43	725-624	Forestry	$	1,950,188	$	2,007,977	66546
TOTAL 090 Holding Account							66547
Redistribution Fund Group			$	2,229,451	$	2,287,240	66548

Accrued Leave Liability Fund Group

66549

4M8	725-675	FOP Contract	$	20,844	$	20,844	66550
TOTAL ALF Accrued Leave							66551
Liability Fund Group			$	20,844	$	20,844	66552
TOTAL ALL BUDGET FUND GROUPS			$	338,376,614	$	339,381,024	66553

Section 343.20. CENTRAL SUPPORT INDIRECT

66555

With the exception of the Division of Wildlife, whose direct	66556
and indirect central support charges shall be paid out of the	66557
General Revenue Fund from the foregoing appropriation item	66558
725-401, Wildlife-GRF Central Support, the Department of Natural	66559
Resources, with approval of the Director of Budget and Management,	66560
shall utilize a methodology for determining each division's	66561
payments into the Central Support Indirect Fund (Fund 157). The	66562
methodology used shall contain the characteristics of	66563
administrative ease and uniform application in compliance with	66564
federal grant requirements. It may include direct cost charges for	66565
specific services provided. Payments to the Central Support	66566
Indirect Fund (Fund 157) shall be made using an intrastate	66567
transfer voucher.	66568

Section 343.30. FOUNTAIN SQUARE

66569

The foregoing appropriation item 725-404, Fountain Square	66570
Rental Payments - OBA, shall be used by the Department of Natural	66571
Resources to meet all payments required to be made to the Ohio	66572
Building Authority during the period from July 1, 2007, to June	66573
30, 2009, pursuant to leases and agreements with the Ohio Building	66574
Authority under section 152.42 of the Revised Code. These	66575
appropriations are the source of funds pledged for bond service	66576
charges on obligations issued pursuant to Chapter 152. of the	66577
Revised Code.	66578

The Director of Natural Resources, using intrastate transfer	66579
vouchers, shall make payments to the General Revenue Fund from	66580
funds other than the General Revenue Fund to reimburse the General	66581
Revenue Fund for the other funds' shares of the lease rental	66582
payments to the Ohio Building Authority. The transfers from the	66583
non-General Revenue funds shall be made within 10 days of the	66584
payment to the Ohio Building Authority for the actual amounts	66585
necessary to fulfill the leases and agreements pursuant to section	66586
152.241 of the Revised Code.	66587

The foregoing appropriation item 725-664, Fountain Square	66588
Facilities Management (Fund 635), shall be used for payment of	66589
repairs, renovation, utilities, property management, and building	66590
maintenance expenses for the Fountain Square Complex. Cash	66591
transferred by intrastate transfer vouchers from various	66592
department funds and rental income received by the Department of	66593
Natural Resources shall be deposited into the Fountain Square	66594
Facilities Management Fund (Fund 635).	66595

LEASE RENTAL PAYMENTS

66596

The foregoing appropriation item 725-413, Lease Rental	66597
Payments, shall be used to meet all payments at the times they are	66598
required to be made during the period from July 1, 2007, to June	66599
30, 2009, by the Department of Natural Resources pursuant to	66600
leases and agreements made under section 154.22 of the Revised	66601
Code. These appropriations are the source of funds pledged for	66602
bond service charges or obligations issued pursuant to Chapter	66603
154. of the Revised Code.	66604

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

66605

The foregoing appropriation item 725-903, Natural Resources	66606
General Obligation Debt Service, shall be used to pay all debt	66607
service and related financing costs during the period July 1,	66608
2007, to June 30, 2009, on obligations issued under sections	66609
151.01 and 151.05 of the Revised Code.	66610

Section 343.40. WILDLIFE LICENSE REIMBURSEMENT

66611

Notwithstanding the limits of the transfer from the General	66612
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	66613
of the Revised Code, up to the amount available in appropriation	66614
item 725-425, Wildlife License Reimbursement, may be transferred	66615
from the General Revenue Fund to the Wildlife Fund (Fund 015).	66616
Pursuant to the certification of the Director of Budget and	66617
Management of the amount of foregone revenue in accordance with	66618
section 1533.15 of the Revised Code, the foregoing appropriation	66619
item in the General Revenue Fund, appropriation item 725-425,	66620
Wildlife License Reimbursement, shall be used to reimburse the	66621
Wildlife Fund (Fund 015) for the cost of hunting and fishing	66622
licenses and permits issued after June 30, 1990, to individuals	66623
who are exempted under the Revised Code from license, permit, and	66624
stamp fees.	66625

CANAL LANDS

66626

The foregoing appropriation item 725-456, Canal Lands, shall	66627
be used to transfer funds to the Canal Lands Fund (Fund 430) to	66628
provide operating expenses for the State Canal Lands Program. The	66629
transfer shall be made using an intrastate transfer voucher and	66630
shall be subject to the approval of the Director of Budget and	66631
Management.	66632

SOIL AND WATER DISTRICTS

66633

In addition to state payments to soil and water conservation	66634
districts authorized by section 1515.10 of the Revised Code, the	66635
Department of Natural Resources may pay to any soil and water	66636
conservation district, from authority in appropriation item	66637
725-502, Soil and Water Districts, an annual amount not to exceed	66638
$30,000, upon receipt of a request and justification from the	66639
district and approval by the Ohio Soil and Water Conservation	66640
Commission. The county auditor shall credit the payments to the	66641
special fund established under section 1515.10 of the Revised Code	66642
for the local soil and water conservation district. Moneys	66643
received by each district shall be expended for the purposes of	66644
the district. The foregoing appropriation item 725-683, Soil and	66645
Water Districts, shall be expended for the purposes described	66646
above, except that the funding source for this appropriation shall	66647
be a fee applied on the disposal of construction and demolition	66648
debris as provided in section 1515.14 of the Revised Code, as	66649
amended by this act.	66650

Of the foregoing appropriation item 725-683, Soil and Water	66651
Districts, $220,000 in each fiscal year shall be used to support	66652
the Heidelberg College Water Quality Laboratory.	66653

Of the foregoing appropriation item 725-683, Soil and Water	66654
Districts, $125,000 in each fiscal year shall be used for the	66655
Indian Lake Watershed in Logan County.	66656

Of the foregoing appropriation item 725-502, Soil and Water	66657
Districts, $50,000 in each fiscal year shall be used for the	66658
Conservation Action Project.	66659

STATE PARK DEPRECIATION RESERVE

66660

The foregoing appropriation item 725-680, Parks Facilities	66661
Maintenance, shall be used by the Division of Parks and Recreation	66662
to maintain state park revenue-producing facilities in the best	66663
economic operating condition and to repair and replace equipment	66664
used in the operation of state park revenue producing facilities.	66665

OIL AND GAS WELL PLUGGING

66666

The foregoing appropriation item 725-677, Oil and Gas Well	66667
Plugging, shall be used exclusively for the purposes of plugging	66668
wells and to properly restore the land surface of idle and orphan	66669
oil and gas wells pursuant to section 1509.071 of the Revised	66670
Code. No funds from the appropriation item shall be used for	66671
salaries, maintenance, equipment, or other administrative	66672
purposes, except for those costs directly attributed to the	66673
plugging of an idle or orphan well. Appropriation authority from	66674
this appropriation item shall not be transferred to any other fund	66675
or line item.	66676

LITTER CONTROL AND RECYCLING

66677

Of the foregoing appropriation item, 725-644, Litter Control	66678
and Recycling, not more than $1,500,000 may be used in each fiscal	66679
year for the administration of the Recycling and Litter Prevention	66680
program.	66681

CLEAN OHIO OPERATING EXPENSES

66682

The foregoing appropriation item 725-405, Clean Ohio	66683
Operating, shall be used by the Department of Natural Resources in	66684
administering section 1519.05 of the Revised Code.	66685

WATERWAYS IMPROVEMENTS

66686

Of the foregoing appropriation item 725-414, Waterways	66687
Improvement, $50,000 in each fiscal year shall be used for	66688
dredging operations at Fairport Harbor.	66689

WATERCRAFT MARINE PATROL

66690

Of the foregoing appropriation item 739-401, Division of	66691
Watercraft, not more than $200,000 in each fiscal year shall be	66692
expended for the purchase of equipment for marine patrols	66693
qualifying for funding from the Department of Natural Resources	66694
pursuant to section 1547.67 of the Revised Code. Proposals for	66695
equipment shall accompany the submission of documentation for	66696
receipt of a marine patrol subsidy pursuant to section 1547.67 of	66697
the Revised Code and shall be loaned to eligible marine patrols	66698
pursuant to a cooperative agreement between the Department of	66699
Natural Resources and the eligible marine patrol.	66700

WATERCRAFT REVOLVING LOAN PROGRAM

66701

Upon certification by the Director of Natural Resources, the	66702
Director of Budget and Management shall transfer an amount not to	66703
exceed $1,000,000 in fiscal year 2008 and not to exceed $1,000,000	66704
in fiscal year 2009 so certified from the Waterways Safety Fund	66705
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The	66706
moneys shall be used pursuant to sections 1547.721 to 1547.726 of	66707
the Revised Code.	66708

PARKS CAPITAL EXPENSES FUND

66709

The Director of Natural Resources shall submit to the	66710
Director of Budget and Management the estimated design,	66711
engineering, and planning costs of capital-related work to be done	66712
by Department of Natural Resources staff for parks projects. If	66713
the Director of Budget and Management approves the estimated	66714
costs, the Director may release appropriations from appropriation	66715
item 725-406, Parks Projects Personnel, for those purposes. Upon	66716
release of the appropriations, the Department of Natural Resources	66717
shall pay for these expenses from the Parks Capital Expenses Fund	66718
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the	66719
Parks and Recreation Improvement Fund (Fund 035) using an	66720
intrastate transfer voucher.	66721

CAPITAL EXPENSES FUND

66722

The Department of Natural Resources shall periodically	66723
prepare and submit to the Director of Budget and Management the	66724
estimated design, planning, and engineering costs of	66725
capital-related work to be done by the Department of Natural	66726
Resources for each project. Based on the estimates, the Director	66727
of Budget and Management may release appropriations from	66728
appropriation item CAP-753, Project Planning, within the Ohio	66729
Parks and Natural Resources Fund (Fund 031) to pay for design,	66730
planning, and engineering costs incurred by the Department of	66731
Natural Resources for the projects. Upon release of the	66732
appropriations by the Director of Budget and Management, the	66733
Department of Natural Resources shall pay for these expenses from	66734
the Capital Expenses Fund (Fund 4S9), and shall be reimbursed by	66735
the Ohio Parks and Natural Resources Fund (Fund 031) using an	66736
intrastate voucher.	66737

FUND CONSOLIDATION

66738

On July 1, 2007, or as soon thereafter as possible, the	66739
Director of Budget and Management shall transfer the cash balance	66740
as certified by the Director of Natural Resources from the Federal	66741
Forestry Fund (Fund 328) to the State Forest Fund (Fund 509). The	66742
Director shall cancel any remaining outstanding encumbrances	66743
against appropriation item 725-603, Forestry-Federal, and	66744
re-establish them against appropriation item 725-602, State	66745
Forest. The amounts of any encumbrances canceled and	66746
re-established are hereby appropriated.	66747

On July 1, 2007, or as soon thereafter as possible, the	66748
Director of Budget and Management shall transfer the cash balance	66749
as certified by the Director of Natural Resources from the REALM	66750
Support Services Fund (Fund 206) to the Fountain Square Facilities	66751
Management Fund (Fund 635). The Director shall cancel any	66752
remaining outstanding encumbrances against appropriation item	66753
725-689, REALM Support Services, and re-establish them against	66754
appropriation item 725-664, Fountain Square Facilities Management.	66755
The amounts of any encumbrances canceled and re-established are	66756
hereby appropriated.	66757

STATE PARK OPERATING

66758

All proceeds from insurance companies and any other sources	66759
for the replacement and construction of the Lake Hope Lodge and	66760
its appurtenances shall be deposited into the State Park Operating	66761
Fund (Fund 512).	66762

Section 345.10. NUR STATE BOARD OF NURSING

66763

General Services Fund Group

66764

4K9	884-609	Operating Expenses	$	5,661,280	$	5,661,280	66765
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	66766
5AC	884-602	Nurse Education Grant Program	$	1,450,000	$	1,450,000	66767
TOTAL GSF General Services							66768
Fund Group			$	7,116,280	$	7,116,280	66769
TOTAL ALL BUDGET FUND GROUPS			$	7,116,280	$	7,116,280	66770

NURSING SPECIAL ISSUES

66771

The foregoing appropriation item 884-601, Nursing Special	66772
Issues (Fund 5P8), shall be used to pay the costs the Board of	66773
Nursing incurs in implementing section 4723.062 of the Revised	66774
Code.	66775

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	66776
AND ATHLETIC TRAINERS BOARD	66777

General Services Fund Group

66778

4K9	890-609	Operating Expenses	$	892,241	$	963,984	66779
TOTAL GSF General Services Fund Group			$	892,241	$	963,984	66780
TOTAL ALL BUDGET FUND GROUPS			$	892,241	$	963,984	66781

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

66783

General Revenue Fund

66784

GRF	355-501	Library Subsidy	$	200,000	$	200,000	66785
TOTAL GRF General Revenue Fund			$	200,000	$	200,000	66786
TOTAL ALL BUDGET FUND GROUPS			$	200,000	$	200,000	66787

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

66789

General Services Fund Group

66790

4K9	894-609	Operating Expenses	$	333,656	$	345,324	66791
TOTAL GSF General Services							66792
Fund Group			$	333,656	$	345,324	66793
TOTAL ALL BUDGET FUND GROUPS			$	333,656	$	345,324	66794

Section 353.10. OPT STATE BOARD OF OPTOMETRY

66796

General Services Fund Group

66797

4K9	885-609	Operating Expenses	$	344,571	$	351,071	66798
TOTAL GSF General Services							66799
Fund Group			$	344,571	$	351,071	66800
TOTAL ALL BUDGET FUND GROUPS			$	344,571	$	351,071	66801

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	66803
AND PEDORTHICS	66804

General Services Fund Group

66805

4K9	973-609	Operating Expenses	$	111,300	$	116,260	66806
TOTAL GSF General Services							66807
Fund Group			$	111,300	$	116,260	66808
TOTAL ALL BUDGET FUND GROUPS			$	111,300	$	116,260	66809

Section 357.10. PBR STATE PERSONNEL BOARD OF REVIEW

66810

General Revenue Fund

66811

GRF	124-321		Operating		$	1,148,181		$	1,201,643		66812
TOTAL GRF General Revenue Fund					$	1,148,181		$	1,201,643		66813

General Services Fund Group

66814

636	124-601	Records and Reporting Support	$	15,000	$	15,000	66815
TOTAL GSF General Services							66816
Fund Group			$	15,000	$	15,000	66817
TOTAL ALL BUDGET FUND GROUPS			$	1,163,181	$	1,216,643	66818

Section 359.10. UST PETROLEUM UNDERGROUND STORAGE TANK

66820

Agency Fund Group

66821

691	810-632	PUSTRCB Staff	$	1,116,658	$	1,169,181	66822
TOTAL AGY Agency Fund Group			$	1,116,658	$	1,169,181	66823
TOTAL ALL BUDGET FUND GROUPS			$	1,116,658	$	1,169,181	66824

Section 361.10. PRX STATE BOARD OF PHARMACY

66826

General Services Fund Group

66827

4A5	887-605	Drug Law Enforcement	$	75,550	$	75,550	66828
4K9	887-609	Operating Expenses	$	4,874,572	$	5,251,032	66829
TOTAL GSF General Services Fund Group			$	4,950,122	$	5,326,582	66830

Federal Special Revenue Fund Group

66831

3BC	887-604	Dangerous Drugs Database	$	558,531	$	491,405	66832
TOTAL FED Federal Special Revenue Fund Group			$	558,531	$	491,405	66833
TOTAL ALL BUDGET FUND GROUPS			$	5,508,653	$	5,817,987	66834

Section 363.10. PSY STATE BOARD OF PSYCHOLOGY

66836

General Services Fund Group

66837

4K9	882-609	Operating Expenses	$	586,565	$	586,565	66838
TOTAL GSF General Services							66839
Fund Group			$	586,565	$	586,565	66840
TOTAL ALL BUDGET FUND GROUPS			$	586,565	$	586,565	66841

Section 365.10. PUB OHIO PUBLIC DEFENDER COMMISSION

66843

General Revenue Fund

66844

GRF	019-321	Public Defender Administration	$	1,287,404	$	1,315,150	66845
GRF	019-401	State Legal Defense Services	$	5,914,023	$	6,120,592	66846
GRF	019-403	Multi-County: State Share	$	766,402	$	762,727	66847
GRF	019-404	Trumbull County - State Share	$	244,816	$	243,650	66848
GRF	019-405	Training Account	$	31,324	$	31,324	66849
GRF	019-501	County Reimbursement	$	29,834,251	$	29,572,857	66850
TOTAL GRF General Revenue Fund			$	38,078,220	$	38,046,300	66851

General Services Fund Group

66852

101	019-602	Inmate Legal Assistance	$	33,338	$	34,638	66853
407	019-604	County Representation	$	219,800	$	227,500	66854
408	019-605	Client Payments	$	611,537	$	476,760	66855
5CX	019-617	Civil Case Filing Fee	$	409,237	$	598,400	66856
TOTAL GSF General Services							66857
Fund Group			$	1,273,912	$	1,337,298	66858

Federal Special Revenue Fund Group

66859

3S8	019-608	Federal Representation	$	350,948	$	364,917	66860
TOTAL FED Federal Special Revenue							66861
Fund Group			$	350,948	$	364,917	66862

State Special Revenue Fund Group

66863

4C7	019-601	Multi-County: County Share	$	2,181,300	$	2,288,200	66864
4X7	019-610	Trumbull County - County Share	$	696,800	$	731,000	66865
574	019-606	Civil Legal Aid	$	40,000,000	$	40,000,000	66866
TOTAL SSR State Special Revenue							66867
Fund Group			$	42,878,100	$	43,019,200	66868
TOTAL ALL BUDGET FUND GROUPS			$	82,581,180	$	82,767,715	66869

INDIGENT DEFENSE OFFICE

66870

The foregoing appropriation items 019-404, Trumbull County -	66871
State Share, and 019-610, Trumbull County - County Share, shall be	66872
used to support an indigent defense office for Trumbull County.	66873

MULTI-COUNTY OFFICE

66874

The foregoing appropriation items 019-403, Multi-County:	66875
State Share, and 019-601, Multi-County: County Share, shall be	66876
used to support the Office of the Ohio Public Defender's	66877
Multi-County Branch Office Program.	66878

TRAINING ACCOUNT

66879

The foregoing appropriation item 019-405, Training Account,	66880
shall be used by the Ohio Public Defender to provide legal	66881
training programs at no cost for private appointed counsel who	66882
represent at least one indigent defendant at no cost and for state	66883
and county public defenders and attorneys who contract with the	66884
Ohio Public Defender to provide indigent defense services.	66885

FEDERAL REPRESENTATION

66886

The foregoing appropriation item 019-608, Federal	66887
Representation, shall be used to receive reimbursements from the	66888
federal courts when the Ohio Public Defender provides	66889
representation in federal court cases and to support	66890
representation in such cases.	66891

Section 367.10. DHS DEPARTMENT OF PUBLIC SAFETY

66892

General Revenue Fund

66893

GRF	763-403	Operating Expenses - EMA	$	4,164,697	$	4,164,697	66894
GRF	768-424	Operating Expenses - CJS	$	814,478	$	814,478	66895
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	752,000	$	752,000	66896
TOTAL GRF General Revenue Fund			$	5,731,175	$	5,731,175	66897

General Services Fund Group

66898

5ET	768-625		Drug Law Enforcement		$	800,000		$	800,000		66899
TOTAL GSF General Services Fund Group					$	800,000		$	800,000		66900

State Special Revenue Fund Group

66901

5CC	768-607	Public Safety Services	$	125,000	$	125,000	66902
5EX	768-690	Disaster Preparedness	$	350,000	$	350,000	66903
TOTAL SSR State Special Revenue Fund Group			$	475,000	$	475,000	66904

Tobacco Master Settlement Agreement Fund Group

66905

L87	767-406		Under-Age Tobacco Use Enforcement		$	0		$	375,000		66906
TOTAL TSF Tobacco Master Settlement Agreement Fund Group					$	0		$	375,000		66907

TOTAL ALL BUDGET FUND GROUPS

7,006,175

66908

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

66909

Of the foregoing appropriation item 763-403, Operating	66910
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	66911
the Ohio Task Force One - Urban Search and Rescue Unit and other	66912
urban search and rescue programs around the state to create a	66913
stronger search and rescue capability statewide.	66914

STATE FIRE MARSHAL FUND CASH TRANSFERS

66915

Notwithstanding section 3737.71 of the Revised Code, on July	66916
1, 2007, or as soon as possible thereafter, the Director of Budget	66917
and Management shall transfer $125,000 in cash from the State Fire	66918
Marshal Fund (Fund 546) in the Department of Commerce to the	66919
Public Safety Services Fund (Fund 5CC) in the Department of Public	66920
Safety.	66921

Notwithstanding section 3737.71 of the Revised Code, on July	66922
1, 2008, or as soon as possible thereafter, the Director of Budget	66923
and Management shall transfer $125,000 in cash from the State Fire	66924
Marshal Fund (Fund 546) in the Department of Commerce to the	66925
Public Safety Services Fund (Fund 5CC) in the Department of Public	66926
Safety.	66927

SOUTHERN OHIO DRUG TASK FORCE

66928

The foregoing appropriation item 768-607, Public Safety	66929
Services, shall be distributed by the Division of Criminal Justice	66930
Services in the Department of Public Safety directly to the	66931
Southern Ohio Drug Task Force.	66932

EMA DISASTER PREPAREDNESS AND RESPONSE GRANT

66933

Of the foregoing appropriation item 768-690, Disaster	66934
Preparedness, $275,000 in fiscal year 2008 and $350,000 in fiscal	66935
year 2009 shall be used for a grant to the American Red Cross	66936
Greater Columbus Chapter for implementation of programs to assist	66937
in disaster preparedness and response throughout Ohio. The	66938
American Red Cross Greater Columbus Chapter shall develop a	66939
funding plan that includes programmatic, infrastructure, and	66940
administrative costs. Moneys shall be released to the American Red	66941
Cross Greater Columbus Chapter not more than 45 days after	66942
submission of the plan to the Ohio Emergency Management Agency. Of	66943
the foregoing appropriation item 768-690, Disaster Preparedness,	66944
$75,000 in fiscal year 2008 shall be used for the Fire and	66945
Emergency Services Regionalization Project of Berea and Olmstead	66946
Falls.	66947

CASH TRANSFER TO THE DRUG LAW ENFORCEMENT FUND

66948

Notwithstanding any other provision of law to the contrary,	66949
on the first of July in each of 2007 and 2008, or as soon as	66950
practicable thereafter in each of those years, the Director of	66951
Budget and Management shall transfer $800,000 in cash from the	66952
Charitable Foundations Fund (Fund 418) to the Drug Law Enforcement	66953
Fund (Fund 5ET).	66954

The foregoing appropriation item 768-625, Drug Law	66955
Enforcement, shall be used by the Division of Criminal Justice	66956
Services of the Department of Public Safety for the purpose of	66957
awarding grants to local law enforcement agencies and local law	66958
enforcement task forces with regard to the enforcement of state	66959
drug laws and other state laws related to illegal drug activity.	66960

Section 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

66961

General Services Fund Group

66962

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	66963
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	66964
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	66965
TOTAL GSF General Services							66966
Fund Group			$	37,613,440	$	38,735,392	66967

Federal Special Revenue Fund Group

66968

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	66969
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	66970
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	66971
TOTAL FED Federal Special Revenue							66972
Fund Group			$	8,035,491	$	8,249,619	66973

State Special Revenue Fund Group

66974

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	66975
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	66976
4S6	870-618	Hazardous Material Registration	$	464,325	$	464,325	66977
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	66978
4U8	870-620	Civil Forfeitures	$	284,986	$	284,986	66979
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000	$	13,375,000	66980
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	66981
560	870-607	Public Utilities Investigations	$	100,000	$	100,000	66982
561	870-606	Power Siting Board	$	404,651	$	404,652	66983
638	870-611	Biomass Energy Program	$	40,000	$	40,000	66984
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	66985
TOTAL SSR State Special Revenue							66986
Fund Group			$	30,983,686	$	17,483,687	66987

Agency Fund Group

66988

4G4	870-616	Base State Registration Program	$	2,000,000	$	0	66989
TOTAL AGY Agency Fund Group			$	2,000,000	$	0	66990
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617	$	64,468,698	66991

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

66992

The fund created by section 4923.26 of the Revised Code is	66993
the same fund, with a new name, as the Commercial Vehicle	66994
Information Systems and Networks Fund (Fund 3V3).	66995

ENHANCED AND WIRELESS ENHANCED 9-1-1

66996

The foregoing appropriation item 870-623, Wireless 9-1-1	66997
Administration, shall be used pursuant to section 4931.63 of the	66998
Revised Code.	66999

TELECOMMUNICATIONS RELAY SERVICE FUNDING

67000

The Telecommunications Relay Service Fund is hereby created	67001
in the state treasury. The vendor selected to provide	67002
telecommunications relay service in Ohio, as required by 47 C.F.R.	67003
64.601, shall submit an invoice to the Public Utilities Commission	67004
by January 31, 2009, for costs it has incurred in providing the	67005
service during calendar year 2008. The Public Utilities Commission	67006
shall notify the Director of Budget and Management of the amount	67007
invoiced, and the Director of Budget and Management shall transfer	67008
that amount from the Public Utilities Fund (Fund 5F6) to the	67009
Telecommunications Relay Service Fund on or before February 28,	67010
2009. The amount transferred shall be used to pay the	67011
telecommunications relay service vendor the amount invoiced. This	67012
amount is hereby appropriated.	67013

Section 371.10. PWC PUBLIC WORKS COMMISSION

67014

General Revenue Fund

67015

GRF	150-904	Conservation General Obligation Debt Service	$	14,847,200	$	19,779,200	67016
GRF	150-907	State Capital Improvements	$	177,513,600	$	188,696,300	67017
		General Obligation Debt Service					67018
TOTAL GRF General Revenue Fund			$	192,360,800	$	208,475,500	67019

Clean Ohio Conservation Fund Group

67020

056	150-403	Clean Ohio Operating Expenses	$	301,537	$	311,509	67021
TOTAL 056 Clean Ohio Conservation Fund Group			$	301,537	$	311,509	67022
TOTAL ALL BUDGET FUND GROUPS			$	192,662,337	$	208,787,009	67023

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

67024

The foregoing appropriation item 150-904, Conservation	67025
General Obligation Debt Service, shall be used to pay all debt	67026
service and related financing costs during the period from July 1,	67027
2007, through June 30, 2009, at the times they are required to be	67028
made for obligations issued under sections 151.01 and 151.09 of	67029
the Revised Code.	67030

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

67031

The foregoing appropriation item 150-907, State Capital	67032
Improvements General Obligation Debt Service, shall be used to pay	67033
all debt service and related financing costs during the period	67034
from July 1, 2007, to June 30, 2009, at the times they are	67035
required to be made for obligations issued under sections 151.01	67036
and 151.08 of the Revised Code.	67037

REIMBURSEMENT TO THE GENERAL REVENUE FUND

67038

(A) On or before July 15, 2009, the Director of the Public	67039
Works Commission shall certify to the Director of Budget and	67040
Management the following:	67041

(1) The total amount disbursed from appropriation item	67042
700-409, Farmland Preservation, during the fiscal year 2008-2009	67043
biennium; and	67044

(2) The amount of interest earnings that have been credited	67045
to the Clean Ohio Conservation Fund (Fund 056) that are in excess	67046
of the amount needed for other purposes as calculated by the	67047
Director of the Public Works Commission.	67048

(B) If the Director of Budget and Management determines under	67049
division (A)(2) of this section that there are excess interest	67050
earnings, the Director of Budget and Management shall, on or	67051
before July 15, 2009, transfer the excess interest earnings to the	67052
General Revenue Fund in an amount equal to the total amount	67053
disbursed under division (A)(1) of this section from the Clean	67054
Ohio Conservation Fund.	67055

CLEAN OHIO OPERATING EXPENSES

67056

The foregoing appropriation item 150-403, Clean Ohio	67057
Operating Expenses, shall be used by the Ohio Public Works	67058
Commission in administering sections 164.20 to 164.27 of the	67059
Revised Code.	67060

Section 373.10. RAC STATE RACING COMMISSION

67061

State Special Revenue Fund Group

67062

5C4	875-607	Simulcast Horse Racing Purse	$	16,000,000	$	16,000,000	67063
562	875-601	Thoroughbred Race Fund	$	3,100,000	$	3,100,000	67064
563	875-602	Standardbred Development Fund	$	2,600,000	$	2,600,000	67065
564	875-603	Quarterhorse Development Fund	$	1,000	$	1,000	67066
565	875-604	Racing Commission Operating	$	4,487,599	$	4,487,599	67067
TOTAL SSR State Special Revenue							67068
Fund Group			$	26,188,599	$	26,188,599	67069

Holding Account Redistribution Fund Group

67070

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	67071
TOTAL 090 Holding Account Redistribution							67072
Fund Group			$	212,900	$	212,900	67073
TOTAL ALL BUDGET FUND GROUPS			$	26,401,499	$	26,401,499	67074

Section 375.10. BOR BOARD OF REGENTS

67076

General Revenue Fund

67077

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	67078
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	67079
GRF	235-402	Sea Grants	$	300,000	$	300,000	67080
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	67081
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	67082
GRF	235-409	Information System	$	1,175,172	$	1,175,172	67083
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	67084
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	67085
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	67086
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	67087
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	67088
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	67089
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	67090
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	67091
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	67092
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	67093
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	67094
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	67095
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	67096
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	67097
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	67098
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	67099
GRF	235-502	Student Support Services	$	795,790	$	795,790	67100
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	67101
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	67102
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	67103
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	67104
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	67105
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	67106
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	67107
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	67108
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	67109
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	67110
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	67111
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	67112
GRF	235-521	The Ohio State University Glenn Institute	$	619,082	$	619,082	67113
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	67114
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	67115
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	67116
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	67117
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	67118
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	67119
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	67120
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	67121
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	67122
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	67123
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	67124
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	67125
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	67126
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	67127
GRF	235-547	School of International Business	$	450,000	$	650,000	67128
GRF	235-552	Capital Component	$	19,306,442	$	19,306,442	67129
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	67130
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	67131
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	67132
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	67133
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	67134
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	67135
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	67136
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	67137
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	67138
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	67139
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	67140
GRF	235-583	Urban University Program	$	5,700,937	$	5,700,937	67141
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	67142
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	67143
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	67144
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	67145
TOTAL GRF General Revenue Fund			$	2,773,133,537	$	2,861,783,923	67146

General Services Fund Group

67147

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	67148
456	235-603	Sales and Services	$	700,000	$	700,000	67149
TOTAL GSF General Services							67150
Fund Group			$	1,500,000	$	1,500,000	67151

Federal Special Revenue Fund Group

67152

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	67153
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	67154
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	67155
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	67156
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	67157
312	235-609	Tech Prep	$	183,850	$	183,850	67158
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	67159
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	67160
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	67161
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	67162
TOTAL FED Federal Special Revenue							67163
Fund Group			$	20,257,469	$	20,267,350	67164

State Special Revenue Fund Group

67165

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	67166
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	67167
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	67168
682	235-606	Nursing Loan Program	$	893,000	$	893,000	67169
5DT	235-627	American Diploma Project	$	250,000	$	0	67170
TOTAL SSR State Special Revenue							67171
Fund Group			$	2,429,870	$	2,174,870	67172
TOTAL ALL BUDGET FUND GROUPS			$	2,827,320,876	$	2,885,726,143	67173

Section 375.10.10. OPERATING EXPENSES

67175

Of the foregoing appropriation item 235-321, Operating	67176
Expenses, up to $150,000 in each fiscal year shall be used in	67177
conjunction with funding provided in the Department of Education	67178
budget under appropriation item 200-427, Academic Standards, to	67179
fund the operations of Ohio's Partnership for Continued Learning.	67180
The Partnership shall advise and make recommendations to promote	67181
collaboration among relevant state entities in an effort to help	67182
local communities develop coherent and successful "P-16" learning	67183
systems. Upon requesting and receiving approval from the	67184
Controlling Board, the Director of Budget and Management may	67185
transfer any unencumbered fiscal year 2008 balance to fiscal year	67186
2009 to support the activities of the Partnership.	67187

Section 375.10.20. LEASE RENTAL PAYMENTS

67188

The foregoing appropriation item 235-401, Lease Rental	67189
Payments, shall be used to meet all payments at the times they are	67190
required to be made during the period from July 1, 2007, to June	67191
30, 2009, by the Board of Regents under leases and agreements made	67192
under section 154.21 of the Revised Code. These appropriations are	67193
the source of funds pledged for bond service charges or	67194
obligations issued pursuant to Chapter 154. of the Revised Code.	67195

Section 375.10.30. SEA GRANTS

67196

The foregoing appropriation item 235-402, Sea Grants, shall	67197
be disbursed to the Ohio State University and shall be used to	67198
conduct research on fish in Lake Erie.	67199

Section 375.10.40. ARTICULATION AND TRANSFER

67200

The foregoing appropriation item 235-406, Articulation and	67201
Transfer, shall be used by the Board of Regents to maintain and	67202
expand the work of the Articulation and Transfer Council to	67203
develop a system of transfer policies to ensure that students at	67204
state institutions of higher education can transfer and have	67205
coursework apply to their majors and degrees at any other state	67206
institution of higher education without unnecessary duplication or	67207
institutional barriers under sections 3333.16, 3333.161, and	67208
3333.162 of the Revised Code. The Board of Regents shall, in	67209
consultation with the Governor and the Department of Education,	67210
convene a work group to establish coursework for content knowledge	67211
and teacher competencies for early care and education degrees to	67212
support articulation and transfer of coursework, certifications,	67213
and credit earned across state-supported institutions of higher	67214
education.	67215

Of the foregoing appropriation item 235-406, Articulation and	67216
Transfer, $200,000 in each fiscal year shall be used to support	67217
the work of the Articulation and Transfer Council under division	67218
(B) of section 3333.162 of the Revised Code.	67219

Section 375.10.50. MIDWEST HIGHER EDUCATION COMPACT

67220

The foregoing appropriation item 235-408, Midwest Higher	67221
Education Compact, shall be distributed by the Board of Regents	67222
under section 3333.40 of the Revised Code.	67223

Section 375.10.60. INFORMATION SYSTEM

67224

The foregoing appropriation item 235-409, Information System,	67225
shall be used by the Board of Regents to operate the higher	67226
education information data system known as the Higher Education	67227
Information System.	67228

Section 375.10.70. STATE GRANTS AND SCHOLARSHIP	67229
ADMINISTRATION	67230

The foregoing appropriation item 235-414, State Grants and	67231
Scholarship Administration, shall be used by the Board of Regents	67232
to administer the following student financial aid programs: Ohio	67233
Instructional Grant, Ohio College Opportunity Grant, Ohio Student	67234
Choice Grant, Ohio Academic Scholarship, Ohio War Orphans'	67235
Scholarship, Nurse Education Assistance Loan Program, Regents	67236
Graduate/Professional Fellowship, Ohio Safety Officers College	67237
Memorial Fund, Capitol Scholarship Program, and any other student	67238
financial aid programs created by the General Assembly. The	67239
appropriation item also shall be used to administer the federal	67240
Leveraging Educational Assistance Partnership (LEAP) and Special	67241
Leveraging Educational Assistance Partnership (SLEAP) programs and	67242
other student financial aid programs created by Congress and to	67243
provide fiscal services for the Ohio National Guard Scholarship	67244
Program, the Physician Loan Repayment Program, and the Dentist	67245
Loan Repayment Program.	67246

Section 375.10.80. JOBS CHALLENGE

67247

Funds appropriated to the foregoing appropriation item	67248
235-415, Jobs Challenge, shall be distributed to state-assisted	67249
community and technical colleges, regional campuses of	67250
state-assisted universities, and other organizationally distinct	67251
and identifiable member campuses of the EnterpriseOhio Network in	67252
support of noncredit job-related training. In each fiscal year,	67253
$2,770,773 shall be distributed as performance grants to	67254
EnterpriseOhio Network campuses based upon each campus's	67255
documented performance according to criteria established by the	67256
Board of Regents for assessment, training, and related services to	67257
businesses, industries, and public sector organizations.	67258

Of the foregoing appropriation item 235-415, Jobs Challenge,	67259
$2,819,345 in each fiscal year shall be allocated to the Targeted	67260
Industries Training Grant Program to attract, develop, and retain	67261
business and industry strategically important to the state's	67262
economy and regional priorities.	67263

Of the foregoing appropriation item 235-415, Jobs Challenge,	67264
$3,758,182 in each fiscal year shall be allocated to the Higher	67265
Skills Incentives Program to promote and deliver coordinated	67266
assessment and comprehensive training to local employers and to	67267
reward EnterpriseOhio Network campuses for the amount of	67268
non-credit skill upgrading services provided to Ohio employers and	67269
employees. The funds shall be distributed to campuses in	67270
proportion to each campus's share of noncredit job-related	67271
training revenues received by all campuses for the previous fiscal	67272
year.	67273

Section 375.10.90. OHIO LEARNING NETWORK

67274

The foregoing appropriation item 235-417, Ohio Learning	67275
Network, shall be used by the Board of Regents to support the	67276
continued implementation of the Ohio Learning Network, a statewide	67277
collaborative that delivers adult education including degree	67278
completion, workforce training, and professional development using	67279
online and distance education initiatives. The funds shall be used	67280
by the Ohio Learning Network to develop and promote learning and	67281
assessment through the use of technology, to test and provide	67282
advice on emerging learning-directed technologies, and to	67283
facilitate cost-effectiveness through shared educational	67284
technology investments.	67285

Section 375.20.10. ACCESS CHALLENGE

67286

The foregoing appropriation item 235-418, Access Challenge,	67287
shall be distributed to Ohio's state-assisted access colleges and	67288
universities. For the purposes of this allocation, "access	67289
campuses" includes state-assisted community colleges, state	67290
community colleges, technical colleges, Shawnee State University,	67291
Central State University, Cleveland State University, the regional	67292
campuses of state-assisted universities, and, where they are	67293
organizationally distinct and identifiable, the	67294
community-technical colleges located at the University of	67295
Cincinnati, Youngstown State University, and the University of	67296
Akron.	67297

The purpose of Access Challenge is to reduce the student	67298
share of costs for resident undergraduates enrolled in lower	67299
division undergraduate courses at Ohio's access campuses. The	67300
long-term goal is to make the student share of costs for these	67301
students equivalent to the student share of costs for resident	67302
undergraduate students enrolled throughout Ohio's public colleges	67303
and universities. Access Challenge appropriations shall be used to	67304
sustain, as much as possible, the tuition restraint or tuition	67305
reduction that was achieved with Access Challenge allocations in	67306
prior years. Access campuses shall disclose, in their tuition	67307
billing statements to students, the amount of tuition subsidized	67308
by state Access Challenge subsidies.	67309

In fiscal year 2008, Access Challenge subsidies shall be	67310
distributed by the Board of Regents to eligible access campuses on	67311
the basis of the average of each campus's share of fiscal year	67312
2005 and 2006 all-terms subsidy-eligible General Studies FTEs. In	67313
fiscal year 2009, Access Challenge subsidies shall be distributed	67314
by the Board of Regents to eligible access campuses on the basis	67315
of the average of each campus's share of fiscal year 2006 and 2007	67316
all-terms subsidy-eligible General Studies FTEs.	67317

For purposes of this calculation, Cleveland State	67318
University's enrollments shall be adjusted by the ratio of the sum	67319
of subsidy-eligible lower-division FTE student enrollments	67320
eligible for access funding to the sum of subsidy-eligible General	67321
Studies FTE student enrollments at Central State University and	67322
Shawnee State University, and for the following universities and	67323
their regional campuses: the Ohio State University, Ohio	67324
University, Kent State University, Bowling Green State University,	67325
Miami University, the University of Cincinnati, the University of	67326
Akron, and Wright State University.	67327

Section 375.20.20. SUCCESS CHALLENGE

67328

The foregoing appropriation item 235-420, Success Challenge,	67329
shall be used by the Board of Regents to promote degree completion	67330
by students enrolled at a main campus of a state-assisted	67331
university.	67332

Of the foregoing appropriation item 235-420, Success	67333
Challenge, 66.67 per cent of the appropriation in each fiscal year	67334
shall be distributed to state-assisted university main campuses in	67335
proportion to each campus's share of the total statewide	67336
bachelor's degrees granted by university main campuses to	67337
"at-risk" students. In fiscal years 2008 and 2009, an "at-risk"	67338
student means any undergraduate student who was eligible to	67339
receive an Ohio need-based financial aid award during the past ten	67340
years. An eligible institution shall not receive its share of this	67341
distribution until it has submitted a plan that addresses how the	67342
subsidy will be used to better serve at-risk students and increase	67343
their likelihood of successful completion of a bachelor's degree	67344
program. The Board of Regents shall disseminate to all	67345
state-supported institutions of higher education all such plans	67346
submitted by institutions that received Success Challenge funds.	67347

Of the foregoing appropriation item 235-420, Success	67348
Challenge, 33.33 per cent of the appropriation in each fiscal year	67349
shall be distributed to university main campuses in proportion to	67350
each campus's share of the total bachelor's degrees granted by	67351
university main campuses to undergraduate students who completed	67352
their bachelor's degrees in a "timely manner" in the previous	67353
fiscal year. For purposes of this section, "timely manner" means	67354
the normal time it would take for a full-time degree-seeking	67355
undergraduate student to complete the student's degree. Generally,	67356
for such students pursuing a bachelor's degree, "timely manner"	67357
means four years. Exceptions to this general rule shall be	67358
permitted for students enrolled in programs specifically designed	67359
to be completed in a longer time period. The Board of Regents	67360
shall collect data to assess the timely completion statistics by	67361
university main campuses.	67362

Section 375.20.30. APPALACHIAN NEW ECONOMY PARTNERSHIP

67363

The foregoing appropriation item 235-428, Appalachian New	67364
Economy Partnership, shall be distributed to Ohio University to	67365
continue a multi-campus and multi-agency coordinated effort to	67366
link Appalachia to the new economy. Ohio University shall use	67367
these funds to provide leadership in the development and	67368
implementation of initiatives in the areas of entrepreneurship,	67369
management, education, and technology.	67370

Section 375.20.40. ECONOMIC GROWTH CHALLENGE

67371

The foregoing appropriation item 235-433, Economic Growth	67372
Challenge, shall be used to enhance the basic research	67373
capabilities of Ohio's public and private institutions of higher	67374
education, support improved graduate programs throughout the	67375
state, and promote the transfer of technology developed by	67376
colleges and universities to private industry to further the	67377
economic goals of the state.	67378

Of the foregoing appropriation item 235-433, Economic Growth	67379
Challenge, $12,000,000 in each fiscal year shall be used for the	67380
Research Incentive Program to enhance the basic research	67381
capabilities of public colleges and universities and accredited	67382
Ohio institutions of higher education holding certificates of	67383
authorization issued under section 1713.02 of the Revised Code, in	67384
order to strengthen academic research for pursuing Ohio's economic	67385
development goals. The Board of Regents, in consultation with the	67386
colleges and universities, shall administer the Research Incentive	67387
Program and utilize a means of matching, on a fractional basis,	67388
external funds attracted in the previous year by institutions for	67389
basic research. The program may include incentives for increasing	67390
the amount of external research funds coming to eligible	67391
institutions and for focusing research efforts upon critical state	67392
needs. Colleges and universities shall submit for review and	67393
approval to the Board of Regents plans for the institutional	67394
allocation of state dollars received through the program. The	67395
institutional plans shall provide the rationale for the allocation	67396
in terms of the strategic targeting of funds for academic and	67397
state purposes, for strengthening research programs, for	67398
increasing the amount of external research funds, and shall	67399
include an evaluation process to provide results of the increased	67400
support. Institutional plans for the use of Research Incentive	67401
funding must demonstrate a significant investment in Third	67402
Frontier activities funded at the institution. For a college or	67403
university with multiple Third Frontier grants, as much as ten per	67404
cent of that institution's Research Incentive funding may be	67405
invested in Third Frontier Project-related activities. Each	67406
institutional plan for the investment of Research Incentive moneys	67407
shall report on existing, planned, or possible relationships with	67408
other state science and technology programs and funding recipients	67409
in order to further ongoing statewide science and technology	67410
collaboration objectives. The Board of Regents shall submit a	67411
biennial report of progress to the General Assembly.	67412

In each fiscal year, both those state-assisted doctoral	67413
degree-granting universities and those accredited Ohio	67414
institutions of higher education holding certificates of	67415
authorization under section 1713.02 of the Revised Code may elect	67416
to participate in the Innovation Incentive Plan designed to	67417
enhance doctoral programs and areas of research that have the	67418
greatest potential to attract preeminent researchers and build	67419
research capacity; enhance regional or state economic growth by	67420
creating new products and services to be commercialized; and	67421
complement Ohio's Third Frontier Project.	67422

In each fiscal year, funding for the Innovation Incentive	67423
Program shall be generated from those state-assisted doctoral	67424
degree-granting universities electing to set aside a portion of	67425
their allocations as provided in appropriation item 235-501, State	67426
Share of Instruction, and state matching funds provided in	67427
appropriation item 235-433, Economic Growth Challenge. In each	67428
fiscal year, the Board of Regents shall withhold each	67429
participating state-assisted university's required matching share	67430
from its allocation as provided in appropriation item 235-501,	67431
State Share of Instruction. Additionally, those accredited Ohio	67432
institutions of higher education holding certificates of	67433
authorization under section 1713.02 of the Revised Code electing	67434
to participate in the Innovation Incentive Program shall be	67435
required to set aside an amount comparable to the state-assisted	67436
doctoral degree-granting universities. The criteria for the	67437
determination of this amount shall be developed by the Board of	67438
Regents.	67439

Of the foregoing appropriation item 235-433, Economic Growth	67440
Challenge, $4,686,194 in each fiscal year shall match funds set	67441
aside by the participating universities under the Innovation	67442
Incentive Program.	67443

The Board of Regents shall use the combined amount of each	67444
participating state-assisted university's set aside of the	67445
doctoral reserve that has been withheld, the state matching funds	67446
earmarked under appropriation item 235-433, Economic Growth	67447
Challenge, and the amount set aside by each accredited Ohio	67448
institution of higher education holding a certificate of	67449
authorization under section 1713.02 of the Revised Code electing	67450
to participate in the Innovation Incentive Program to make awards	67451
through a competitive process under the Innovation Incentive	67452
Program. Only universities electing to set aside the prescribed	67453
amount shall be eligible to compete for and receive Innovation	67454
Incentive awards. The participating universities shall use these	67455
awards to restructure their array of doctoral programs.	67456

Of the foregoing appropriation item 235-433, Economic Growth	67457
Challenge, $500,000 in each fiscal year shall be distributed for	67458
the Technology Commercialization Incentive. The purpose of the	67459
Technology Commercialization Incentive is to reward public and	67460
private colleges and universities for successful technology	67461
transfer to Ohio-based business and industry resulting in the	67462
commercialization of new products, processes, and services and the	67463
establishment of new business start-ups within the state. The	67464
Third Frontier Commission, with counsel from the Third Frontier	67465
Advisory Board, shall establish the eligibility criteria for	67466
public and private colleges and universities interested in	67467
applying for Technology Commercialization Incentive funding. To	67468
qualify for the funds, public and private colleges and	67469
universities must maintain a significant investment in their own	67470
technology-transfer and commercialization operation and	67471
capabilities, and possess a significant history of successful	67472
research partnerships with Ohio-based business and industry.	67473

Section 375.20.50. COLLEGE READINESS AND ACCESS

67474

Appropriation item 235-434, College Readiness and Access,	67475
shall be used by the Board of Regents to support programs designed	67476
to improve the academic preparation and increase the number of	67477
students that enroll and succeed in higher education such as the	67478
Ohio College Access Network, the state match for the federal	67479
Gaining Early Awareness and Readiness for Undergraduate Program,	67480
and early awareness initiatives. The appropriation item shall also	67481
be used to support innovative statewide strategies to increase	67482
student access and retention for specialized populations, and to	67483
provide for pilot projects that will contribute to improving	67484
access to higher education by specialized populations. The funds	67485
also may be used for projects that improve access for nonpublic	67486
secondary students.	67487

Of the foregoing appropriation item 235-434, College	67488
Readiness and Access, $798,684 in fiscal year 2008 and $822,645 in	67489
fiscal year 2009 shall be distributed to the Ohio Appalachian	67490
Center for Higher Education at Shawnee State University. The board	67491
of directors of the Center shall consist of the presidents of	67492
Shawnee State University, Belmont Technical College, Hocking	67493
College, Jefferson Community College, Zane State College, Rio	67494
Grande Community College, Southern State Community College, and	67495
Washington State Community College; the president of Ohio	67496
University or a designee of the president; the dean of one of the	67497
Salem, Tuscarawas, and East Liverpool regional campuses of Kent	67498
State University, as designated by the president of Kent State	67499
University; and a representative of the Board of Regents	67500
designated by the Chancellor.	67501

Of the foregoing appropriation item 235-434, College	67502
Readiness and Access, $169,553 in fiscal year 2008 and $174,640 in	67503
fiscal year 2009 shall be distributed to Miami University for the	67504
Student Achievement in Research and Scholarship (STARS) Program.	67505

Of the foregoing appropriation item 235-434, College	67506
Readiness and Access, $3,503,985 in each fiscal year shall be used	67507
in conjunction with funding provided in the Ohio Department of	67508
Education budget under appropriation item 200-431, School	67509
Improvement Initiatives, to support the Early College High School	67510
Program. The funds shall be distributed according to guidelines	67511
established by the Department of Education and the Board of	67512
Regents.	67513

Section 375.20.60. TEACHER IMPROVEMENT INITIATIVES

67514

Appropriation item 235-435, Teacher Improvement Initiatives,	67515
shall be used by the Board of Regents to support programs such as	67516
OSI - Discovery and the Centers of Excellence in Mathematics and	67517
Science designed to raise the quality of mathematics and science	67518
teaching in primary, secondary, and post-secondary education.	67519

Of the foregoing appropriation item 235-435, Teacher	67520
Improvement Initiatives, $204,049 in each fiscal year shall be	67521
distributed to the Mathematics and Science Center in Lake County.	67522

Of the foregoing appropriation item 235-435, Teacher	67523
Improvement Initiatives, $106,619 in each fiscal year shall be	67524
distributed to the Ohio Mathematics and Science Coalition.	67525

Of the foregoing appropriation item 235-435, Teacher	67526
Improvement Initiatives, $100,000 in each fiscal year shall be	67527
distributed to the Teacher Quality Partnerships study.	67528

Of the foregoing appropriation item 235-435, Teacher	67529
Improvement Initiatives, $100,000 in each fiscal year shall be	67530
distributed to the Sinclair Community College Distance Learning	67531
STEM Partnership.	67532

Of the foregoing appropriation item 235-435, Teacher	67533
Improvement Initiatives, $874,871 in each fiscal year shall be	67534
distributed to the Ohio Resource Center for Mathematics, Science,	67535
and Reading. The funds shall be used to support a resource center	67536
for mathematics, science, and reading to be located at a	67537
state-assisted university for the purpose of identifying best	67538
educational practices in primary and secondary schools and	67539
establishing methods for communicating them to colleges of	67540
education and school districts. The Ohio Resource Center for	67541
Mathematics, Science, and Reading shall not make available	67542
resources that are inconsistent with the K-12 science standards	67543
and policies as adopted by the State Board of Education.	67544

Of the foregoing appropriation item 235-435, Teacher	67545
Improvement Initiatives, up to $2,000,000 in each fiscal year	67546
shall be used to support up to ten regional summer academies that	67547
focus on foreign language, science, mathematics, engineering, and	67548
technology and prepare eleventh and twelfth grade students	67549
enrolled in public or chartered nonpublic schools to pursue	67550
college-level foreign language, mathematics, science, technology,	67551
and engineering, with a focus on secondary teaching in these	67552
disciplines. Successful completion of these academics shall result	67553
in dual high school and college credits. Costs shall be based upon	67554
reasonable expenses, as determined by the Board of Regents, that	67555
institutions of higher education may incur for faculty, supplies,	67556
and other associated costs.	67557

Of the foregoing appropriation item 235-435, Teacher	67558
Improvement Initiatives, up to $4,000,000 in fiscal year 2009	67559
shall be used to fund teacher-signing bonuses for individuals that	67560
enter the teaching profession in a public school district or	67561
school district building that has been designated a hard-to-staff	67562
school by the Department of Education. To qualify for the signing	67563
bonus, an individual must: (a) be licensed to teach; (b) be	67564
assigned to teach in foreign language, science, or mathematics;	67565
and (c) agree to teach in a hard-to-staff school for a minimum of	67566
five years. An individual may qualify for up to $20,000 in	67567
state-funded bonuses if all obligations are met. The Board of	67568
Regents shall develop this program jointly with the Department of	67569
Education and the Partnership for Continued Learning. An	67570
individual may participate in either the teacher-signing bonus	67571
program or the teacher loan-forgiveness program, but may not	67572
receive benefits from both programs. The Board of Regents shall	67573
recoup funds received by any program participant who has not	67574
fulfilled the five-year teaching obligation as described in this	67575
section.	67576

Of the foregoing appropriation item 235-435, Teacher	67577
Improvement Initiatives, up to $2,500,000 in fiscal year 2009	67578
shall be used to fund teacher loan-forgiveness for individuals	67579
that enter the teaching profession in a school district or school	67580
district building that has been designated as a hard-to-staff	67581
school by the Department of Education. To qualify for the loan	67582
forgiveness, an individual must: (a) be licensed to teach; (b) be	67583
assigned to teach in foreign language, science, or mathematics;	67584
and (c) agree to teach in a hard-to-staff school for a minimum of	67585
five years. An individual may qualify for up to $20,000 in state	67586
funded loan forgiveness if all obligations are met. The Board of	67587
Regents shall develop this program jointly with the Department of	67588
Education and the Partnership for Continued Learning. An	67589
individual may participate in either the teacher-signing bonus	67590
program or the teacher loan-forgiveness program, but may not	67591
receive benefits from both programs. The Board of Regents shall	67592
recoup funds received by any program participant who has not	67593
fulfilled the five-year teaching obligation as described in this	67594
section.	67595

Section 375.20.70. ACCELERATEOHIO

67596

Of the foregoing appropriation item 235-436 AccelerateOhio,	67597
$2,000,000 in fiscal year 2008 and $4,500,000 in fiscal year 2009	67598
shall be used by the Board of Regents, in collaboration with	67599
Ohio's public two-year campuses, to develop and implement a	67600
statewide program designed to improve the education and skills of	67601
Ohio's workforce by assisting low-income working adults in Ohio to	67602
improve their education and training. AccelerateOhio shall consist	67603
of competency-based, low-cost, noncredit, and credit-bearing	67604
modules and courses in communications, mathematics, and	67605
information technology, and other fields selected by the Board of	67606
Regents. The program shall be designed to culminate in a	67607
certificate and provide recipients with a foundation for	67608
additional post-secondary education.	67609

Of the foregoing appropriation item 235-436, AccelerateOhio,	67610
$500,000 in each fiscal year shall be used to support the Health	67611
Information and Imaging Technology Workforce Development Pilot	67612
Project pursuant to section 3333.55 of the Revised Code.	67613

Section 375.20.76. CHOOSE OHIO FIRST SCHOLARSHIP

67614

The foregoing appropriation item 235-438, Choose Ohio First	67615
Scholarship, shall be disbursed pursuant to sections 3333.60 to	67616
3333.70 of the Revised Code.	67617

Section 375.20.77. OHIO RESEARCH SCHOLARS

67618

The foregoing appropriation item 235-439, Ohio Research	67619
Scholars, shall be disbursed pursuant to sections 3333.60 to	67620
3333.70 of the Revised Code.	67621

Section 375.20.80. EMINENT SCHOLARS

67622

The foregoing appropriation item 235-451, Eminent Scholars,	67623
shall be used by the Ohio Board of Regents to continue the Ohio	67624
Eminent Scholars Program, the purpose of which is to invest	67625
educational resources to address problems that are of vital	67626
statewide significance while fostering the growth in eminence of	67627
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	67628
shall allow Ohio universities to recruit senior faculty members	67629
from outside Ohio who are nationally and internationally	67630
recognized scholars in areas of science and technology that	67631
provide the basic research platforms on which the state's	67632
technology and commercialization efforts are built. Endowment	67633
grants to state colleges and universities and nonprofit Ohio	67634
institutions of higher education holding certificates of	67635
authorization issued under section 1713.02 of the Revised Code to	67636
match endowment gifts from nonstate sources may be made in	67637
accordance with a plan established by the Ohio Board of Regents.	67638
Matching nonstate endowment gifts shall be equal to the state's	67639
endowment grant. The grants shall have as their purpose attracting	67640
and sustaining in Ohio scholar-leaders of national or	67641
international prominence; each grant shall assist in accelerating	67642
state economic growth through research that provides an essential	67643
basic science platform for commercialization efforts. Such	67644
scholar-leaders shall, among their duties, share broadly the	67645
benefits and knowledge unique to their fields of scholarship to	67646
the betterment of Ohio and its people and collaborate with other	67647
state technology programs and program recipients.	67648

All new Eminent Scholar awards made by the Board of Regents	67649
shall be associated with a Wright Center of Innovation, a	67650
Partnership Award from the Biomedical Research and Technology	67651
Transfer Trust Fund, or a Wright Capital Project.	67652

Section 375.20.90. ENTERPRISEOHIO NETWORK

67653

The foregoing appropriation item 235-455, EnterpriseOhio	67654
Network, shall be allocated by the Board of Regents to continue	67655
increasing the capabilities of the EnterpriseOhio Network to meet	67656
the ongoing training needs of Ohio employers. Funds shall support	67657
multicampus collaboration, best practice dissemination, and	67658
capacity building projects. The Regents Advisory Committee for	67659
Workforce Development, in its advisory role, shall advise in the	67660
development of plans and activities.	67661

Section 375.30.10. AREA HEALTH EDUCATION CENTERS

67662

The foregoing appropriation item 235-474, Area Health	67663
Education Centers Program Support, shall be used by the Board of	67664
Regents to support the medical school regional area health	67665
education centers' educational programs for the continued support	67666
of medical and other health professions education and for support	67667
of the Area Health Education Center Program.	67668

Of the foregoing appropriation item 235-474, Area Health	67669
Education Centers Program Support, $159,158 in each fiscal year	67670
shall be disbursed to the Ohio University College of Osteopathic	67671
Medicine to operate a mobile health care unit to serve the	67672
southeastern area of the state.	67673

Of the foregoing appropriation item 235-474, Area Health	67674
Education Centers Program Support, $119,369 in each fiscal year	67675
shall be used to support the Ohio Valley Community Health	67676
Information Network (OVCHIN) project.	67677

Section 375.30.20. STATE SHARE OF INSTRUCTION

67678

The Board of Regents shall establish procedures to allocate	67679
the foregoing appropriation item 235-501, State Share of	67680
Instruction, based on the formulas and enrollment in the	67681
instructional models set out in this section.	67682

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS

67683

(1) As soon as practicable during each fiscal year of the	67684
biennium ending June 30, 2009, in accordance with instructions of	67685
the Board of Regents, each state-assisted institution of higher	67686
education shall report its actual enrollment to the Board of	67687
Regents.	67688

(2) In defining the number of full-time equivalent students	67689
for state subsidy purposes, the Board of Regents shall exclude all	67690
undergraduate students who are not residents of Ohio, except those	67691
charged in-state fees in accordance with reciprocity agreements	67692
made under section 3333.17 of the Revised Code or employer	67693
contracts entered into under section 3333.32 of the Revised Code.	67694

(3) In calculating the core subsidy entitlements for Medical	67695
II models only, the Board of Regents shall use the following count	67696
of FTE students:	67697

(a) For those medical schools whose current year enrollment,	67698
including students repeating terms, is below the base enrollment,	67699
the Medical II FTE enrollment shall equal: 65 per cent of the base	67700
enrollment plus 35 per cent of the current year enrollment	67701
including students repeating terms, where the base enrollment is:	67702

The Ohio State University	1010	67703
University of Cincinnati	833	67704
University of Toledo	650	67705
Wright State University	433	67706
Ohio University	433	67707
Northeastern Ohio Universities College of Medicine	433	67708

(b) For those medical schools whose current year enrollment,	67709
excluding students repeating terms, is equal to or greater than	67710
the base enrollment, the Medical II FTE enrollment shall equal the	67711
base enrollment plus the FTE for repeating students.	67712

(c) Students repeating terms may be no more than five per	67713
cent of current year enrollment.	67714

(4) The state share of instruction to state-supported	67715
universities for students enrolled in law schools in fiscal year	67716
2008 and fiscal year 2009 shall be calculated by using the number	67717
of subsidy-eligible FTE law school students funded by state	67718
subsidy in fiscal year 1995 or the actual number of	67719
subsidy-eligible FTE law school students at the institution in the	67720
fiscal year, whichever is less.	67721

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

67722

For purposes of calculating state share of instruction	67723
allocations, the total instructional costs per full-time	67724
equivalent student shall be:	67725

Model	Fiscal Year 2008	Fiscal Year 2009	67726
ARTS AND HUMANITIES 1	$7,220	$7,494	67727
ARTS AND HUMANITIES 2	9,431	9,790	67728
ARTS AND HUMANITIES 3	12,186	12,649	67729
ARTS AND HUMANITIES 4	17,836	18,514	67730
ARTS AND HUMANITIES 5	27,829	28,887	67731
ARTS AND HUMANITIES 6	34,540	35,852	67732
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	6,352	6,594	67733
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	7,389	7,670	67734
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	8,911	9,249	67735
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	10,744	11,152	67736
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	17,070	17,719	67737
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	21,908	22,740	67738
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	26,019	27,008	67739
MEDICAL 1	43,190	44,831	67740
MEDICAL 2	47,635	49,445	67741
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	6,552	6,801	67742
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	9,196	9,545	67743
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	11,610	12,051	67744
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	14,789	15,351	67745
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	18,420	19,119	67746
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	19,990	20,750	67747
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	27,676	28,728	67748
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	35,308	36,650	67749
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	48,150	49,979	67750

Doctoral I and Doctoral II models shall be allocated in	67751
accordance with division (D)(1) of this section.	67752

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	67753
AND GRADUATE WEIGHTS	67754

For the purpose of implementing the recommendations of the	67755
State Share of Instruction Consultation and the Higher Education	67756
Funding Study Council that priority be given to maintaining state	67757
support for science, technology, engineering, mathematics,	67758
medicine, and graduate programs, the costs in division (B) of this	67759
section shall be weighted by the amounts provided below:	67760

Model	Fiscal Year 2008	Fiscal Year 2009	67761
ARTS AND HUMANITIES 1	1.000	1.000	67762
ARTS AND HUMANITIES 2	1.000	1.000	67763
ARTS AND HUMANITIES 3	1.000	1.000	67764
ARTS AND HUMANITIES 4	1.000	1.000	67765
ARTS AND HUMANITIES 5	1.250	1.250	67766
ARTS AND HUMANITIES 6	1.250	1.250	67767
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.000	1.000	67768
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.000	1.000	67769
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.000	1.000	67770
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.000	1.000	67771
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.250	1.250	67772
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.250	1.250	67773
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.250	1.250	67774
MEDICAL 1	1.500	1.500	67775
MEDICAL 2	1.728	1.728	67776
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.000	1.000	67777
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.002	1.002	67778
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.613	1.613	67779
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.690	1.690	67780
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.420	1.420	67781
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	2.081	2.081	67782
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.702	1.702	67783
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.808	1.808	67784
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.341	1.341	67785

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	67786
ENTITLEMENTS AND ADJUSTMENTS	67787

(1) Of the foregoing appropriation item 235-501, State Share	67788
of Instruction, up to 10.44 per cent of the appropriation in each	67789
fiscal year shall be reserved for support of doctoral programs to	67790
implement the recommendations of the Graduate Funding Commission.	67791
The amount so reserved shall be referred to as the doctoral	67792
set-aside.	67793

The doctoral set-aside shall be allocated to universities in	67794
proportion to their share of the total number of Doctoral I	67795
equivalent FTEs as calculated on an institutional basis using the	67796
greater of the two-year or five-year FTEs for the period fiscal	67797
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	67798
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	67799
adjusted to reflect the effects of doctoral review and subsequent	67800
changes in Doctoral I equivalent enrollments. For the purposes of	67801
this calculation, Doctoral I equivalent FTEs shall equal the sum	67802
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	67803

If a university participates in the Innovation Incentive	67804
Program outlined in appropriation item 235-433, Economic Growth	67805
Challenge, in fiscal year 2008 the Board of Regents shall withhold	67806
the university's increasing matching share required by the	67807
Innovation Incentive Program from its allocation of the doctoral	67808
set-aside.	67809

The Board of Regents shall use the combined amount of each	67810
participating state-assisted university's set aside of the	67811
doctoral reserve that has been withheld, the state matching funds	67812
earmarked under appropriation item 235-433, Economic Growth	67813
Challenge, and the amount set aside by each accredited Ohio	67814
institution of higher education holding a certificate of	67815
authorization under section 1713.02 of the Revised Code electing	67816
to participate in the Innovation Incentive Program to make awards	67817
through a competitive process under the Innovation Incentive	67818
Program. Only universities electing to set aside the prescribed	67819
amount shall be eligible to compete for and receive Innovation	67820
Incentive awards. The participating universities shall use these	67821
awards to restructure their array of doctoral programs.	67822

(2) Each campus's state share of instruction base formula	67823
earnings shall be determined as follows:	67824

(a) For each campus in each fiscal year, the instructional	67825
costs shall be determined by multiplying the amounts listed above	67826
in divisions (B) and (C) of this section by (i) average	67827
subsidy-eligible FTEs for the two-year period ending in the prior	67828
year for all models except Doctoral I and Doctoral II; and (ii)	67829
average subsidy-eligible FTEs for the five-year period ending in	67830
the prior year for all models except Doctoral I and Doctoral II.	67831

(b) The Board of Regents shall compute the two calculations	67832
listed in division (D)(2)(a) of this section and use the greater	67833
amount as each campus's instructional costs.	67834

(c) The Board of Regents shall compute a uniform state share	67835
of instructional costs by dividing the appropriations for 235-501,	67836
State Share of Instruction, less the doctoral set-aside calculated	67837
in division (D)(1) of this section, by the sum of all campuses'	67838
instructional costs as calculated in division (D)(2)(b) of this	67839
section.	67840

(d) The formula entitlement for each campus shall be	67841
determined by multiplying the uniform state share of costs	67842
calculated in division (D)(2)(c) of this section by the campus's	67843
instructional cost determined in division (D)(2)(b) of this	67844
section.	67845

(3) In addition to the doctoral set-aside allocation	67846
determined in division (D)(1) of this section and the formula	67847
entitlement determined in division (D)(2) of this section, an	67848
allocation based on fiscal year 2007 facility-based plant	67849
operations and maintenance (POM) subsidy shall be made. No campus	67850
shall be eligible for a POM allocation if the campus did not	67851
receive a net-assignable-square-foot-based (NASF) POM allocation	67852
in fiscal year 2007 and the amount of state share of instruction	67853
subsidy the campus would have received in fiscal year 2007 had the	67854
campus's calculation been based on the state share of instruction	67855
method described in this section, but using relevant fiscal year	67856
2007 data, is less than 98.5% of the campus's actual final fiscal	67857
year 2007 state share of instruction earnings.	67858

For each eligible campus, the amount of the POM allocation in	67859
each fiscal year shall be the lesser of:	67860

(a) 98.5% of the campus's actual final fiscal year 2007 state	67861
share of instruction earnings, minus the amount the campus would	67862
have received in fiscal year 2007 had the campus's calculation	67863
been based on the state share of instruction method described in	67864
this section, but using relevant fiscal year 2007 data; or	67865

(b) The actual final fiscal year 2007	67866
net-assignable-square-foot-based (NASF) POM allocation that was	67867
provided to the campus.	67868

Any POM allocations required by this division shall be funded	67869
by proportionately reducing formula entitlement earnings,	67870
including the POM allocations, for all campuses.	67871

The Board of Regents, in consultation with representatives of	67872
state-assisted colleges and universities, shall study the need for	67873
the facility-based POM allocations and make recommendations for	67874
changes by June 30, 2008.	67875

(4) ANNUAL STATE SHARE OF INSTRUCTION FUNDING GUARANTEE

67876

In addition to and after the other adjustment noted above, in	67877
each fiscal year, no campus shall receive a state share of	67878
instruction allocation that is less than 100 per cent of the prior	67879
year's state share of instruction amount. Funds shall be made	67880
available to fund this guarantee provision by recalculating the	67881
uniform state share as described in division (D)(2)(c) of this	67882
section by subtracting guarantee funds and the doctoral set-aside	67883
from the total appropriations for appropriation item 235-501,	67884
State Share of Instruction.	67885

(5) CAPITAL COMPONENT DEDUCTION

67886

After all other adjustments have been made, state share of	67887
instruction earnings shall be reduced for each campus by the	67888
amount, if any, by which debt service charged in Am. H.B. 748 of	67889
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	67890
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	67891
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	67892
General Assembly, and Am. Sub. H.B. 699 of the 126th General	67893
Assembly for that campus exceeds that campus's capital component	67894
earnings. The sum of the amounts deducted shall be transferred to	67895
appropriation item 235-552, Capital Component, in each fiscal	67896
year.	67897

(E) EXCEPTIONAL CIRCUMSTANCES

67898

Adjustments may be made to the state share of instruction	67899
payments and other subsidies distributed by the Board of Regents	67900
to state-assisted colleges and universities for exceptional	67901
circumstances. No adjustments for exceptional circumstances may be	67902
made without the recommendation of the Chancellor and the approval	67903
of the Controlling Board.	67904

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	67905
INSTRUCTION	67906

The standard provisions of the state share of instruction	67907
calculation as described in the preceding sections of temporary	67908
law shall apply to any reductions made to appropriation item	67909
235-501, State Share of Instruction, before the Board of Regents	67910
has formally approved the final allocation of the state share of	67911
instruction funds for any fiscal year.	67912

Any reductions made to appropriation item 235-501, State	67913
Share of Instruction, after the Board of Regents has formally	67914
approved the final allocation of the state share of instruction	67915
funds for any fiscal year, shall be uniformly applied to each	67916
campus in proportion to its share of the final allocation.	67917

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

67918

The state share of instruction payments to the institutions	67919
shall be in substantially equal monthly amounts during the fiscal	67920
year, unless otherwise determined by the Director of Budget and	67921
Management pursuant to section 126.09 of the Revised Code.	67922
Payments during the first six months of the fiscal year shall be	67923
based upon the state share of instruction appropriation estimates	67924
made for the various institutions of higher education according to	67925
Board of Regents enrollment estimates. Payments during the last	67926
six months of the fiscal year shall be distributed after approval	67927
of the Controlling Board upon the request of the Board of Regents.	67928

Section 375.30.25. STATE SHARE OF INSTRUCTION FOR FISCAL	67929
YEARS 2008 AND 2009	67930

(A) The boards of trustees of institutions of state-supported	67931
higher education shall restrain increases in in-state	67932
undergraduate instructional and general fees. For the 2007-2008	67933
academic year, each state-supported institution shall not increase	67934
its in-state undergraduate instructional and general fees over	67935
what the institution charged for the 2006-2007 academic year. For	67936
the 2008-2009 academic year, each state-supported institution	67937
shall not increase its in-state undergraduate instructional and	67938
general fees over what the institution charged for the 2007-2008	67939
academic year.	67940

These limitations shall not apply to increases required to	67941
comply with institutional covenants related to their obligations	67942
or to meet unfunded legal mandates or legally binding obligations	67943
incurred or commitments made prior to the effective date of this	67944
section with respect to which the institution had identified such	67945
fee increases as the source of funds. Any increase required by	67946
such covenants and any such mandates, obligations, or commitments	67947
shall be reported by the Board of Regents to the Controlling	67948
Board. These limitations may also be modified by the Board of	67949
Regents, with the approval of the Controlling Board, to respond to	67950
exceptional circumstances as identified by the Board of Regents.	67951

Of the foregoing appropriation item 235-501, State Share of	67952
Instruction, $58,000,000 in fiscal year 2008 and $60,000,000 in	67953
fiscal year 2009 shall be distributed based on each campus's	67954
proportional share of the total in-state undergraduate	67955
instructional and general fees for fiscal year 2007. For purposes	67956
of this subsidy, the in-state undergraduate instructional and	67957
general fee amounts for all campuses except for Miami University	67958
shall be determined by multiplying the number of a campus's	67959
in-state full-time equivalent undergraduate students by the	67960
campus's full-time in-state undergraduate instructional and	67961
general fees, prior to deducting any scholarships and student	67962
financial aid grants. In the case of Miami University, the	67963
instructional and general fee amount used in the calculation shall	67964
be the average full-time in-state undergraduate instructional and	67965
general fee amount after taking into account Ohio Resident and	67966
Ohio Leader scholarships.	67967

The remainder of appropriation item 235-501, State Share of	67968
Instruction, shall be distributed according to division (B) of	67969
this section.	67970

(B)(1) Notwithstanding the distribution formulas outlined in	67971
Section 375.30.20 of this act, in fiscal year 2008 each	67972
state-supported institution shall receive what was received in	67973
fiscal year 2007. In addition, each institution shall receive a	67974
proportional share of the total appropriation increase from fiscal	67975
year 2007 to fiscal year 2008 in appropriation item 235-501, State	67976
Share of Instruction, if the institution demonstrates one per cent	67977
savings through identified internal efficiencies in fiscal year	67978
2008, as certified by the Chancellor of the Board of Regents.	67979

Notwithstanding the distribution formulas outlined in Section	67980
375.30.20 of this act, in fiscal year 2009 each state-supported	67981
institution shall receive what was received in fiscal year 2008.	67982
In addition, each institution shall receive a proportional share	67983
of the total appropriation increase from fiscal year 2008 to	67984
fiscal year 2009 in appropriation item 235-501, State Share of	67985
Instruction, if the institution demonstrates three per cent	67986
savings through identified internal efficiencies in fiscal year	67987
2009, as certified by the Chancellor of the Board of Regents.	67988

(2) In each fiscal year, state share of instruction earnings	67989
shall be reduced for each campus by the amount, if any, by which	67990
debt service charged in Am. H.B. 748 of the 121st General	67991
Assembly, Am. Sub. H.B. 850 of the 122nd General Assembly, Am.	67992
Sub. H.B. 640 of the 123rd General Assembly, H.B. 675 of the 124th	67993
General Assembly, Am. Sub. H.B. 16 of the 126th General Assembly,	67994
and Am. Sub. H.B. 699 of the 126th General Assembly for that	67995
campus exceeds that campus's capital component earnings. The sum	67996
of the amounts deducted shall be transferred to appropriation item	67997
235-552, Capital Component, in each fiscal year.	67998

Adjustments may be made to the state share of instruction	67999
payments and other subsidies distributed by the Board of Regents	68000
to state-assisted colleges and universities for exceptional	68001
circumstances. No adjustments for exceptional circumstances may be	68002
made without the recommendation of the Board of Regents and the	68003
approval of the Controlling Board.	68004

Any reductions made to appropriation item 235-501, State	68005
Share of Instruction, shall be uniformly applied to each campus in	68006
proportion to its share of the allocation.	68007

The state share of instruction payments to the institutions	68008
shall be in substantially equal monthly amounts during the fiscal	68009
year, unless otherwise determined by the Director of Budget and	68010
Management pursuant to section 126.09 of the Revised Code.	68011
Payments during the last six months of the fiscal year shall be	68012
distributed after approval of the Controlling Board upon the	68013
request of the Board of Regents.	68014

(C) In consultation with the Department of Development, the	68015
Chancellor of the Board of Regents shall commission a study on the	68016
needs of the business community relative to higher education in	68017
the state. The study shall include all of the following:	68018

(1) Determine the needs of Ohio's business community;

68019

(2) Determine whether state-supported institutions of higher	68020
education are meeting those needs;	68021

(3) Identify how state-supported institutions of higher	68022
education can improve to meet those needs;	68023

(4) Identify the necessary skills and talents required by the	68024
business community that Ohio's college graduates must have in	68025
order to perform in the workplace; and	68026

(5) Make any necessary recommendations as to how	68027
state-supported institutions of higher education can better meet	68028
the needs of the business community.	68029

Not later than December 31, 2007, the Chancellor of the Board	68030
of Regents shall report the findings of the study to the Governor,	68031
the Speaker and the Minority Leader of the House of	68032
Representatives, and the President and the Minority Leader of the	68033
Senate.	68034

(D) In consultation with state-supported institutions of	68035
higher education, the Chancellor of the Board of Regents shall	68036
develop a plan that includes all of the following:	68037

(1) A plan to achieve the access goal of increasing the	68038
number of Ohioans with a college degree by 230,000 by 2017;	68039

(2) A plan to achieve the success goal of increasing the	68040
graduation rate of those who first enroll in college on or after	68041
the effective date of this section by twenty per cent by 2017;	68042

(3) A plan to achieve affordability through tuition restraint	68043
and additional state support for higher education; such a plan	68044
shall include goals for establishing and implementing funding	68045
policies that provide for sufficient state funding support to	68046
reach tuition that matches or is lower than the national average	68047
and state support that matches or exceeds the national average;	68048

(4) A plan to enhance the state's competitiveness for	68049
attracting federal and other support for research and development	68050
at public research universities; such a plan shall include goals	68051
for reaching or exceeding the national average level of support,	68052
on a per capita basis, for research and development;	68053

(5) A plan to promote higher education throughout the state	68054
through the coordinated leadership efforts of the Governor, the	68055
Chancellor of the Board of Regents, and other stakeholders; such a	68056
plan shall include goals for using various media and other	68057
partnerships to raise awareness of college opportunities, to	68058
increase public awareness about the value of a college education,	68059
and to create a shared vision that a higher education is	68060
attainable by all Ohioans.	68061

Each of these plans shall include key outcome measures and	68062
other appropriate indicators to allow for monitoring of progress	68063
made in meeting the established goals. Each state-supported	68064
institution of higher education shall provide any student and	68065
institutional outcome data in any program areas requested by the	68066
Chancellor of the Board of Regents, including program efficiency	68067
and utilization of state resources. Each state-supported	68068
institution of higher education shall also commit to increasing	68069
inter-institution collaborations and partnerships and enhancing	68070
efficiencies with the goal of achieving measurable increases in	68071
savings.	68072

In consultation with state-supported institutions of higher	68073
education, the Chancellor of the Board of Regents shall study the	68074
feasibility of establishing and implementing a tuition flexibility	68075
plan that may allow state-supported institutions of higher	68076
education to charge per-credit-hour-based tuition or differential	68077
tuition.	68078

Not later than December 31, 2007, the Chancellor of the Board	68079
of Regents shall report the plan and the tuition flexibility	68080
feasibility study to the Governor, the Speaker and the Minority	68081
Leader of the House of Representatives, and the President and the	68082
Minority Leader of the Senate.	68083

Section 375.30.30. HIGHER EDUCATION - BOARD OF TRUSTEES

68084

Funds appropriated for instructional subsidies at colleges	68085
and universities may be used to provide such branch or other	68086
off-campus undergraduate courses of study and such master's degree	68087
courses of study as may be approved by the Board of Regents.	68088

In providing instructional and other services to students,	68089
boards of trustees of state-assisted institutions of higher	68090
education shall supplement state subsidies by income from charges	68091
to students. Each board shall establish the fees to be charged to	68092
all students, including an instructional fee for educational and	68093
associated operational support of the institution and a general	68094
fee for noninstructional services, including locally financed	68095
student services facilities used for the benefit of enrolled	68096
students. The instructional fee and the general fee shall	68097
encompass all charges for services assessed uniformly to all	68098
enrolled students. Each board may also establish special purpose	68099
fees, service charges, and fines as required; such special purpose	68100
fees and service charges shall be for services or benefits	68101
furnished individual students or specific categories of students	68102
and shall not be applied uniformly to all enrolled students.	68103
Except for the board of trustees of Miami University, in	68104
implementing the pilot tuition restructuring plan recognized in	68105
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly	68106
and again recognized by this act, a tuition surcharge shall be	68107
paid by all students who are not residents of Ohio.	68108

The board of trustees of a state-assisted institution of	68109
higher education shall not authorize a waiver or nonpayment of	68110
instructional fees or general fees for any particular student or	68111
any class of students other than waivers specifically authorized	68112
by law or approved by the Chancellor. This prohibition is not	68113
intended to limit the authority of boards of trustees to provide	68114
for payments to students for services rendered the institution,	68115
nor to prohibit the budgeting of income for staff benefits or for	68116
student assistance in the form of payment of such instructional	68117
and general fees. This prohibition is not intended to limit the	68118
authority of the board of trustees of Miami University in	68119
providing financial assistance to students in implementing the	68120
pilot tuition restructuring plan recognized in Section 89.05 of	68121
Am. Sub. H.B. 95 of the 125th General Assembly and again	68122
recognized by this act.	68123

Except for Miami University, in implementing the pilot	68124
tuition restructuring plan recognized in Section 89.05 of Am. Sub.	68125
H.B. 95 of the 125th General Assembly and again recognized by this	68126
act, each state-assisted institution of higher education in its	68127
statement of charges to students shall separately identify the	68128
instructional fee, the general fee, the tuition charge, and the	68129
tuition surcharge. Fee charges to students for instruction shall	68130
not be considered to be a price of service but shall be considered	68131
to be an integral part of the state government financing program	68132
in support of higher educational opportunity for students.	68133

The board of trustees of state-assisted institutions of	68134
higher education shall ensure that faculty members devote a proper	68135
and judicious part of their work week to the actual instruction of	68136
students. Total class credit hours of production per quarter per	68137
full-time faculty member is expected to meet the standards set	68138
forth in the budget data submitted by the Board of Regents.	68139

The authority of government vested by law in the boards of	68140
trustees of state-assisted institutions of higher education shall	68141
in fact be exercised by those boards. Boards of trustees may	68142
consult extensively with appropriate student and faculty groups.	68143
Administrative decisions about the utilization of available	68144
resources, about organizational structure, about disciplinary	68145
procedure, about the operation and staffing of all auxiliary	68146
facilities, and about administrative personnel shall be the	68147
exclusive prerogative of boards of trustees. Any delegation of	68148
authority by a board of trustees in other areas of responsibility	68149
shall be accompanied by appropriate standards of guidance	68150
concerning expected objectives in the exercise of such delegated	68151
authority and shall be accompanied by periodic review of the	68152
exercise of this delegated authority to the end that the public	68153
interest, in contrast to any institutional or special interest,	68154
shall be served.	68155

Section 375.30.40. STUDENT SUPPORT SERVICES

68156

The foregoing appropriation item 235-502, Student Support	68157
Services, shall be distributed by the Board of Regents to Ohio's	68158
state-assisted colleges and universities that incur	68159
disproportionate costs in the provision of support services to	68160
disabled students.	68161

Section 375.30.50. OHIO INSTRUCTIONAL GRANTS

68162

In each fiscal year, instructional grants for all eligible	68163
full-time students who have attended a college, university, or	68164
proprietary school and have completed coursework for college	68165
credit, excluding early college high school and post-secondary	68166
enrollment option students, prior to academic year 2006-2007,	68167
shall be made using the tables under section 3333.12 of the	68168
Revised Code.	68169

Of the foregoing appropriation item 235-503, Ohio	68170
Instructional Grants, an amount in each fiscal year shall be used	68171
to make the payments authorized by division (C) of section 3333.26	68172
of the Revised Code to the institutions described in that	68173
division. In addition, an amount in each fiscal year shall be used	68174
to reimburse the institutions described in division (B) of section	68175
3333.26 of the Revised Code for the cost of the waivers required	68176
by that division.	68177

The unencumbered balance of appropriation item 235-503, Ohio	68178
Instructional Grants, at the end of fiscal year 2008 shall be	68179
transferred to fiscal year 2009 for use under the same	68180
appropriation item. The amounts transferred are hereby	68181
appropriated.	68182

Section 375.30.60. WAR ORPHANS SCHOLARSHIPS

68183

The foregoing appropriation item 235-504, War Orphans	68184
Scholarships, shall be used to reimburse state-assisted	68185
institutions of higher education for waivers of instructional fees	68186
and general fees provided by them, to provide grants to	68187
institutions that have received a certificate of authorization	68188
from the Ohio Board of Regents under Chapter 1713. of the Revised	68189
Code, in accordance with the provisions of section 5910.04 of the	68190
Revised Code, and to fund additional scholarship benefits provided	68191
by section 5910.032 of the Revised Code.	68192

Section 375.30.70. OHIOLINK

68193

The foregoing appropriation item 235-507, OhioLINK, shall be	68194
used by the Board of Regents to support OhioLINK, the state's	68195
electronic library information and retrieval system, which	68196
provides access statewide to an extensive set of electronic	68197
databases and resources and the library holdings of all of Ohio's	68198
public colleges and universities, 44 private colleges, and the	68199
State Library of Ohio.	68200

Section 375.30.80. AIR FORCE INSTITUTE OF TECHNOLOGY

68201

The foregoing appropriation item 235-508, Air Force Institute	68202
of Technology, shall be used to strengthen the research and	68203
educational linkages between the Wright Patterson Air Force Base	68204
and institutions of higher education in Ohio. Of the foregoing	68205
appropriation item 235-508, Air Force Institute of Technology,	68206
$1,233,588 in each fiscal year shall be used for research projects	68207
that connect the Air Force Research Laboratories with university	68208
partners. The institute shall provide annual reports to the Third	68209
Frontier Commission, that discuss existing, planned, or possible	68210
collaborations between programs and funding recipients related to	68211
technology, research development, commercialization, and support	68212
for Ohio's economic development.	68213

Of the foregoing appropriation item 235-508, Air Force	68214
Institute of Technology, $691,757 in each fiscal year shall be	68215
used to match federal dollars to support technology	68216
commercialization and job creation. The Development Research	68217
Corporation shall use the funds to create or expand Ohio-based	68218
technology and commercial development collaborations in areas that	68219
are a priority in Ohio's third frontier initiative between	68220
industry, academia, and government.	68221

Section 375.30.90. OHIO SUPERCOMPUTER CENTER

68222

The foregoing appropriation item 235-510, Ohio Supercomputer	68223
Center, shall be used by the Board of Regents to support the	68224
operation of the Ohio Super Computer Center, located at The Ohio	68225
State University, as a statewide resource available to Ohio	68226
research universities both public and private. It is also intended	68227
that the center be made accessible to private industry as	68228
appropriate. Policies of the center shall be established by a	68229
governance committee, representative of Ohio's research	68230
universities and private industry, to be appointed by the	68231
Chancellor of the Board of Regents and established for this	68232
purpose.	68233

Funds shall be used, in part, to support the Ohio	68234
Supercomputer Center's Computational Science Initiative which	68235
includes its industrial outreach program, Blue Collar Computing,	68236
and its School of Computational Science. These collaborations	68237
between the Ohio Supercomputer Center and Ohio's colleges and	68238
universities shall be aimed at making Ohio a leader in using	68239
computer modeling to promote economic development.	68240

Of the foregoing appropriation item 235-510, Ohio	68241
Supercomputer Center, $250,000 in each fiscal year shall be used	68242
to support the Super Computer Center's activities in Beavercreek.	68243

Section 375.40.10. COOPERATIVE EXTENSION SERVICE

68244

The foregoing appropriation item 235-511, Cooperative	68245
Extension Service, shall be disbursed through the Board of Regents	68246
to The Ohio State University in monthly payments, unless otherwise	68247
determined by the Director of Budget and Management under section	68248
126.09 of the Revised Code.	68249

Of the foregoing appropriation item 235-511, Cooperative	68250
Extension Service, $178,271 in each fiscal year shall be used for	68251
additional staffing for county agents for expanded 4-H activities.	68252
Of the foregoing appropriation item 235-511, Cooperative Extension	68253
Service, $178,271 in each fiscal year shall be used by the	68254
Cooperative Extension Service, through the Enterprise Center for	68255
Economic Development in cooperation with other agencies, for a	68256
public-private effort to create and operate a small business	68257
economic development program to enhance the development of	68258
alternatives to the growing of tobacco, and implement, through	68259
applied research and demonstration, the production and marketing	68260
of other high-value crops and value-added products. Of the	68261
foregoing appropriation item 235-511, Cooperative Extension	68262
Service, $55,179 in each fiscal year shall be used for farm labor	68263
mediation and education programs, $182,515 in each fiscal year	68264
shall be used to support the Ohio State University Marion	68265
Enterprise Center, and $772,931 in each fiscal year shall be used	68266
to support the Ohio Watersheds Initiative.	68267

Section 375.40.20. OHIO UNIVERSITY VOINOVICH CENTER

68268

The foregoing appropriation item 235-513, Ohio University	68269
Voinovich Center, shall be used by the Board of Regents to support	68270
the operations of Ohio University's Voinovich Center.	68271

Section 375.40.30. PERFORMANCE STANDARDS FOR MEDICAL	68272
EDUCATION	68273

The Board of Regents, in consultation with the state-assisted	68274
medical colleges, shall develop performance standards for medical	68275
education. Special emphasis in the standards shall be placed on	68276
attempting to ensure that at least 50 per cent of the aggregate	68277
number of students enrolled in state-assisted medical colleges	68278
continue to enter residency as primary care physicians. Primary	68279
care physicians are general family practice physicians, general	68280
internal medicine practitioners, and general pediatric care	68281
physicians. The Board of Regents shall monitor medical school	68282
performance in relation to their plans for reaching the 50 per	68283
cent systemwide standard for primary care physicians.	68284

Section 375.40.35. CENTRAL STATE SUPPLEMENT

68285

The foregoing appropriation item 235-514, Central State	68286
Supplement, shall be used by Central State University to keep	68287
undergraduate fees below the statewide average, consistent with	68288
its mission of service to many first-generation college students	68289
from groups historically underrepresented in higher education and	68290
from families with limited incomes.	68291

Section 375.40.40. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	68292
MEDICINE	68293

The foregoing appropriation item 235-515, Case Western	68294
Reserve University School of Medicine, shall be disbursed to Case	68295
Western Reserve University through the Board of Regents in	68296
accordance with agreements entered into under section 3333.10 of	68297
the Revised Code, provided that the state support per full-time	68298
medical student shall not exceed that provided to full-time	68299
medical students at state universities.	68300

Section 375.40.50. CAPITOL SCHOLARSHIP PROGRAM

68301

The foregoing appropriation item 235-518, Capitol Scholarship	68302
Program, shall be used by the Board of Regents to provide	68303
scholarships to undergraduates of Ohio's four-year public and	68304
private institutions of higher education participating in the	68305
Washington Center Internship Program. A scholarship of $1,800	68306
shall be awarded to students enrolled in an institution operating	68307
on a quarter system, and a scholarship of $2,300 shall be awarded	68308
to students enrolled in an institution operating on a semester	68309
system. The number of scholarships awarded shall be limited by the	68310
amounts appropriated in fiscal years 2008 and 2009. The Washington	68311
Center shall provide a minimum of $1,300 per student in matching	68312
scholarships.	68313

Section 375.40.60. FAMILY PRACTICE

68314

The Board of Regents shall develop plans consistent with	68315
existing criteria and guidelines as may be required for the	68316
distribution of appropriation item 235-519, Family Practice.	68317

Section 375.40.70. SHAWNEE STATE SUPPLEMENT

68318

The foregoing appropriation item 235-520, Shawnee State	68319
Supplement, shall be used by Shawnee State University as detailed	68320
by both of the following:	68321

(A) To allow Shawnee State University to keep its	68322
undergraduate fees below the statewide average, consistent with	68323
its mission of service to an economically depressed Appalachian	68324
region;	68325

(B) To allow Shawnee State University to employ new faculty	68326
to develop and teach in new degree programs that meet the needs of	68327
Appalachians.	68328

Section 375.40.80. OSU GLENN INSTITUTE

68329

The foregoing appropriation item 235-521, The Ohio State	68330
University Glenn Institute, shall be used by the Board of Regents	68331
to support the operations of the Ohio State University's Glenn	68332
Institute.	68333

Section 375.40.90. POLICE AND FIRE PROTECTION

68334

The foregoing appropriation item 235-524, Police and Fire	68335
Protection, shall be used for police and fire services in the	68336
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	68337
Portsmouth, Xenia Township (Greene County), Rootstown Township,	68338
and the City of Nelsonville that may be used to assist these local	68339
governments in providing police and fire protection for the	68340
central campus of the state-affiliated university located therein.	68341
Each participating municipality and township shall receive at	68342
least $5,000 in each fiscal year. Funds shall be distributed	68343
according to the method employed by the Board of Regents in the	68344
previous biennium.	68345

Section 375.50.10. GERIATRIC MEDICINE

68346

The Board of Regents shall develop plans consistent with	68347
existing criteria and guidelines as may be required for the	68348
distribution of appropriation item 235-525, Geriatric Medicine.	68349

Section 375.50.20. PRIMARY CARE RESIDENCIES

68350

The Board of Regents shall develop plans consistent with	68351
existing criteria and guidelines as may be required for the	68352
distribution of appropriation item 235-526, Primary Care	68353
Residencies.	68354

The foregoing appropriation item 235-526, Primary Care	68355
Residencies, shall be distributed in each fiscal year of the	68356
biennium, based on whether or not the institution has submitted	68357
and gained approval for a plan. If the institution does not have	68358
an approved plan, it shall receive five per cent less funding per	68359
student than it would have received from its annual allocation.	68360
The remaining funding shall be distributed among those	68361
institutions that meet or exceed their targets.	68362

Section 375.50.30. OHIO AEROSPACE INSTITUTE

68363

The foregoing appropriation item 235-527, Ohio Aerospace	68364
Institute, shall be distributed by the Board of Regents under	68365
section 3333.042 of the Revised Code.	68366

The Board of Regents, in consultation with the Third Frontier	68367
Commission, shall develop a plan for providing for appropriate,	68368
value-added participation of the Ohio Aerospace Institute in Third	68369
Frontier Project proposals and grants.	68370

Section 375.50.40. ACADEMIC SCHOLARSHIPS

68371

The foregoing appropriation item 235-530, Academic	68372
Scholarships, shall be used to provide academic scholarships to	68373
students under section 3333.22 of the Revised Code.	68374

Section 375.50.50. STUDENT CHOICE GRANTS

68375

The foregoing appropriation item 235-531, Student Choice	68376
Grants, shall be used to provide Student Choice Grants under	68377
section 3333.27 of the Revised Code, except that in each fiscal	68378
year, the Board of Regents shall make a Student Choice Grant under	68379
that section only to a student who has a family income, as defined	68380
by the Board for purposes of section 3333.122 of the Revised Code,	68381
of $95,000 or less.	68382

Section 375.50.60. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	68383
CENTER	68384

The foregoing appropriation item 235-535, Ohio Agricultural	68385
Research and Development Center, shall be disbursed through the	68386
Board of Regents to The Ohio State University in monthly payments,	68387
unless otherwise determined by the Director of Budget and	68388
Management under section 126.09 of the Revised Code. The Ohio	68389
Agricultural Research and Development Center shall not be required	68390
to remit payment to The Ohio State University during the biennium	68391
ending June 30, 2009, for cost reallocation assessments. The cost	68392
reallocation assessments include, but are not limited to, any	68393
assessment on state appropriations to the Center.	68394

The Ohio Agricultural Research and Development Center, an	68395
entity of the College of Food, Agricultural, and Environmental	68396
Sciences of The Ohio State University, shall further its mission	68397
of enhancing Ohio's economic development and job creation by	68398
continuing to internally allocate on a competitive basis	68399
appropriated funding of programs based on demonstrated	68400
performance. Academic units, faculty, and faculty-driven programs	68401
shall be evaluated and rewarded consistent with agreed-upon	68402
performance expectations as called for in the College's	68403
Expectations and Criteria for Performance Assessment.	68404

Of the foregoing appropriation item 235-535, Ohio	68405
Agricultural Research and Development Center, $467,578 in each	68406
fiscal year shall be used to purchase equipment.	68407

Of the foregoing appropriation item 235-535, Ohio	68408
Agricultural Research and Development Center, $822,592 in each	68409
fiscal year shall be distributed to the Piketon Agricultural	68410
Research and Extension Center.	68411

Of the foregoing appropriation item 235-535, Ohio	68412
Agricultural Research and Development Center, $216,471 in each	68413
fiscal year shall be distributed to the	68414
Raspberry/Strawberry-Ellagic Acid Research program at The Ohio	68415
State University Medical College in cooperation with The Ohio	68416
State University College of Agriculture.	68417

Of the foregoing appropriation item 235-535, Ohio	68418
Agricultural Research and Development Center, $43,294 in each	68419
fiscal year shall be used to support the Ohio Berry Administrator.	68420

Of the foregoing appropriation item 235-535, Ohio	68421
Agricultural Research and Development Center, $86,588 in each	68422
fiscal year shall be used for the development of agricultural	68423
crops and products not currently in widespread production in Ohio,	68424
in order to increase the income and viability of family farmers.	68425

Section 375.50.70. STATE UNIVERSITY CLINICAL TEACHING

68426

The foregoing appropriation items 235-536, The Ohio State	68427
University Clinical Teaching; 235-537, University of Cincinnati	68428
Clinical Teaching; 235-538, University of Toledo Clinical	68429
Teaching; 235-539, Wright State University Clinical Teaching;	68430
235-540, Ohio University Clinical Teaching; and 235-541,	68431
Northeastern Ohio Universities College of Medicine Clinical	68432
Teaching, shall be distributed through the Board of Regents.	68433

Of the foregoing appropriation item 235-539, Wright State	68434
University Clinical Teaching, $124,644 in each fiscal year of the	68435
biennium shall be for the use of Wright State University's Ellis	68436
Institute for Clinical Teaching Studies to operate the clinical	68437
facility to serve the Greater Dayton area.	68438

Section 375.50.80. SCHOOL OF INTERNATIONAL BUSINESS

68439

Of the foregoing appropriation item 235-547, School of	68440
International Business, $250,000 in each fiscal year shall be used	68441
for the continued development and support of the School of	68442
International Business of the state universities of northeast	68443
Ohio. The money shall go to The University of Akron. These funds	68444
shall be used by the university to establish a School of	68445
International Business located at The University of Akron. It may	68446
confer with Kent State University, Youngstown State University,	68447
and Cleveland State University as to the curriculum and other	68448
matters regarding the school.	68449

Of the foregoing appropriation item 235-547, School of	68450
International Business, $100,000 in each fiscal year shall be used	68451
by the University of Toledo College of Business for expansion of	68452
its international business programs.	68453

Of the foregoing appropriation item 235-547, School of	68454
International Business, $100,000 in each fiscal year shall be used	68455
to support the Ohio State University BioMEMS program.	68456

Of the foregoing appropriation item 235-547, School of	68457
International Business, $100,000 in fiscal year 2009 shall be used	68458
to support the Supporting Education for the Returning Veterans	68459
(SERV) program at Cleveland State University.	68460

Of the foregoing appropriation item 235-547, School of	68461
International Business, $100,000 in fiscal year 2009 shall be used	68462
to support the Veterans Upward Bound (VUB) program at Cuyahoga	68463
Community College.	68464

Section 375.50.90. CAPITAL COMPONENT

68465

The foregoing appropriation item 235-552, Capital Component,	68466
shall be used by the Board of Regents to implement the capital	68467
funding policy for state-assisted colleges and universities	68468
established in Am. H.B. 748 of the 121st General Assembly.	68469
Appropriations from this item shall be distributed to all campuses	68470
for which the estimated campus debt service attributable to new	68471
qualifying capital projects is less than the campus's	68472
formula-determined capital component allocation. Campus	68473
allocations shall be determined by subtracting the estimated	68474
campus debt service attributable to new qualifying capital	68475
projects from the campus's formula-determined capital component	68476
allocation. Moneys distributed from this appropriation item shall	68477
be restricted to capital-related purposes.	68478

Any campus for which the estimated campus debt service	68479
attributable to qualifying capital projects is greater than the	68480
campus's formula-determined capital component allocation shall	68481
have the difference subtracted from its State Share of Instruction	68482
allocation in each fiscal year. The sum of all such amounts shall	68483
be transferred from appropriation item 235-501, State Share of	68484
Instruction, to appropriation item 235-552, Capital Component.	68485

Section 375.60.10. DAYTON AREA GRADUATE STUDIES INSTITUTE

68486

The foregoing appropriation item 235-553, Dayton Area	68487
Graduate Studies Institute, shall be used by the Board of Regents	68488
to support the Dayton Area Graduate Studies Institute, an	68489
engineering graduate consortium of three universities in the	68490
Dayton area: Wright State University, the University of Dayton,	68491
and the Air Force Institute of Technology, with the participation	68492
of the University of Cincinnati and The Ohio State University.	68493

Of the foregoing appropriation item 235-553, Dayton Area	68494
Graduate Studies Institute, $350,000 in each fiscal year shall be	68495
used by the Development Research Corporation to support	68496
collaborative research and technology commercialization	68497
initiatives in Ohio.	68498

Section 375.60.20. PRIORITIES IN COLLABORATIVE GRADUATE	68499
EDUCATION	68500

The foregoing appropriation item 235-554, Priorities in	68501
Collaborative Graduate Education, shall be used to support	68502
improvements in graduate fields of study at state-assisted	68503
universities identified by the Board of Regents, in consultation	68504
with the Department of Development and the Department of Job and	68505
Family Services, as vital to the state's economic strategy or	68506
related to an area of workforce shortage. Each fiscal year,	68507
participating institutions shall collectively submit for Board of	68508
Regents approval a plan describing how they will work	68509
collaboratively to improve the quality of their graduate programs	68510
and how the funds are to be used for this purpose. The	68511
collaborative effort for Ph.D. computer science programs shall be	68512
coordinated by the Ohio Supercomputer Center as part of its School	68513
of Computational Science.	68514

Section 375.60.30. LIBRARY DEPOSITORIES

68515

The foregoing appropriation item, 235-555, Library	68516
Depositories, shall be distributed to the state's five regional	68517
depository libraries for the cost-effective storage of and access	68518
to lesser-used materials in university library collections. The	68519
distribution of funds shall be coordinated by the Board of	68520
Regents.	68521

Section 375.60.40. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

68522

The foregoing appropriation item 235-556, Ohio Academic	68523
Resources Network, shall be used to support the operations of the	68524
Ohio Academic Resources Network, which shall include support for	68525
Ohio's state-assisted colleges and universities in maintaining and	68526
enhancing network connections and in using new network	68527
technologies to improve research, education, and economic	68528
development programs. The network shall give priority to	68529
supporting the Third Frontier Network and allocating bandwidth to	68530
programs directly supporting Ohio's economic development.	68531

Section 375.60.50. LONG-TERM CARE RESEARCH

68532

Of the foregoing appropriation item 235-558, Long-term Care	68533
Research, $211,047 in each fiscal year shall be disbursed to Miami	68534
University for long-term care research.	68535

Of the foregoing appropriation item 235-558, Long-term Care	68536
Research, $150,000 in each fiscal year shall be disbursed to the	68537
University of Cincinnati to support Alzheimer's and dementia	68538
research pursuant to an affiliation agreement with the Alois	68539
Alzheimer Center.	68540

Section 375.60.60. BOWLING GREEN STATE UNIVERSITY CANADIAN	68541
STUDIES CENTER	68542

The foregoing appropriation item 235-561, Bowling Green State	68543
University Canadian Studies Center, shall be used by the Canadian	68544
Studies Center at Bowling Green State University to study	68545
opportunities for Ohio and Ohio businesses to benefit from the	68546
Free Trade Agreement between the United States and Canada.	68547

Section 375.60.70. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN

68548

The foregoing appropriation item 235-563, Ohio College	68549
Opportunity Grant, shall be used by the Board of Regents to begin	68550
to award needs-based financial aid to students based on the United	68551
States Department of Education's method of determining financial	68552
need. Students who enrolled in a public, private, or proprietary	68553
post-secondary institution of higher education for the first time	68554
in academic year 2006-2007, excluding early college high school	68555
and post-secondary enrollment option participants, shall be	68556
eligible to receive aid based on their expected family	68557
contributions as calculated by the United States Department of	68558
Education, according to section 3333.122 of the Revised Code.	68559

Eligible expenditures from the foregoing appropriation item	68560
235-563, Ohio College Opportunity Grant, shall be claimed each	68561
fiscal year to help meet the state's TANF maintenance of effort	68562
requirement. The Chancellor of the Board of Regents and the	68563
Director of Job and Family Services shall enter into an	68564
interagency agreement to carry out this paragraph, which shall	68565
include, but not be limited to, developing reporting guidelines	68566
for these expenditures.	68567

Section 375.60.80. CENTRAL STATE UNIVERSITY SPEED TO SCALE

68568

The foregoing appropriation 235-567, Central State University	68569
Speed to Scale, shall be used to achieve the goals of the Speed to	68570
Scale Plan, which include increasing student enrollment through	68571
freshman recruitment and transferred students, increasing the	68572
proportion of in-state students to 80 per cent of the total	68573
student population, and increasing the student retention rates	68574
between the first and second year of college by two per cent each	68575
year. The goals shall be accomplished by targeting student	68576
retention, improved articulation agreements with two-year	68577
campuses, increased use of alternative course options, including	68578
online coursework and Ohio Learning Network resources, College	68579
Tech Prep, Post Secondary Enrollment Options, and other	68580
dual-credit programs, and strategic partnerships with research	68581
institutions to improve the quality of Central State University's	68582
offering of science, technology, engineering, mathematics, and	68583
medical instruction. In fiscal year 2009, the disbursement of	68584
these funds shall be contingent upon Central State University	68585
meeting the annual goals for the student enrollment and	68586
first-to-second-year retention rate increases.	68587

There is hereby created the Speed to Scale Task Force that	68588
shall meet not less than quarterly to discuss progress of the	68589
plan, including performance on accountability metrics, issues	68590
experienced in planned efforts, and to monitor and support the	68591
creation of partnerships with other state institutions of higher	68592
education. The Task Force shall consist of the president of	68593
Central State University or the president's designee, the	68594
president of Sinclair Community College or the president's	68595
designee, the president of Cincinnati State Technical and	68596
Community College or the president's designee, the president of	68597
Cuyahoga Community College or the president's designee, The Ohio	68598
State University or the president's designee, the president of the	68599
University of Cincinnati or the president's designee, one	68600
representative from the Board of Regents, one member of the House	68601
of Representatives appointed by the Speaker of the House of	68602
Representatives, one member of the Senate appointed by the	68603
President of the Senate, the Director of Budget and Management or	68604
the director's designee, and a representative of the Governor's	68605
Office as appointed by the Governor.	68606

On the thirtieth day of June of each fiscal year, Central	68607
State University and the Speed to Scale Task Force shall jointly	68608
submit to the Governor, the Director of Budget and Management, the	68609
Speaker of the House of Representatives, the President of the	68610
Senate, and the Board of Regents a report describing the status of	68611
their progress on the accountability metrics included in the Speed	68612
to Scale plan.	68613

Section 375.60.85. OHIO HUMANITIES COUNCIL

68614

The foregoing appropriation item 235-569, Ohio Humanities	68615
Council, shall be used to support humanities research, education,	68616
teacher development, and outreach activities through the Ohio	68617
Humanities Council.	68618

Section 375.60.95. JAMES A. RHODES SCHOLARSHIP

68619

The foregoing appropriation item 235-571, James A. Rhodes	68620
Scholarship, shall be used to match the funds raised by the James	68621
A. Rhodes Education Foundation. Upon receiving certification that	68622
the Foundation has raised at least $10,000,000 from nonstate	68623
resources, the Board of Regents shall disburse the foregoing	68624
appropriation to the Foundation.	68625

Section 375.70.10. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

68626

The foregoing appropriation item 235-572, The Ohio State	68627
University Clinic Support, shall be distributed through the Board	68628
of Regents to The Ohio State University for support of dental and	68629
veterinary medicine clinics.	68630

Section 375.70.20. URBAN UNIVERSITY PROGRAM

68631

Universities receiving funds from the foregoing appropriation	68632
item 235-583, Urban University Program, that are used to support	68633
an ongoing university unit shall certify periodically in a manner	68634
approved by the Board of Regents that program funds are being	68635
matched on a one-to-one basis with equivalent resources. Overhead	68636
support may not be used to meet this requirement. Where Urban	68637
University Program funds are being used to support an ongoing	68638
university unit, matching funds shall come from continuing rather	68639
than one-time sources. At each participating state-assisted	68640
institution of higher education, matching funds shall be within	68641
the substantial control of the individual designated by the	68642
institution's president as the Urban University Program	68643
representative.	68644

Of the foregoing appropriation item 235-583, Urban University	68645
Program, $117,215 in each fiscal year shall be used to support the	68646
Center for the Interdisciplinary Study of Education and the Urban	68647
Child at Cleveland State University. These funds shall be	68648
distributed according to rules adopted by the Board of Regents and	68649
shall be used by the center for interdisciplinary activities	68650
targeted toward increasing the chance of lifetime success of the	68651
urban child, including interventions beginning with the prenatal	68652
period. The primary purpose of the center is to study issues in	68653
urban education and to systematically map directions for new	68654
approaches and new solutions by bringing together a cadre of	68655
researchers, scholars, and professionals representing the social,	68656
behavioral, education, and health disciplines.	68657

Of the foregoing appropriation item 235-583, Urban University	68658
Program, $1,433,037 in each fiscal year shall be distributed by	68659
the Board of Regents to Cleveland State University in support of	68660
the Maxine Goodman Levin College of Urban Affairs.	68661

Of the foregoing appropriation item 235-583, Urban University	68662
Program, $1,433,037 in each fiscal year shall be distributed to	68663
the Northeast Ohio Research Consortium, the Urban Linkages	68664
Program, and the Urban Research Technical Assistance Grant	68665
Program. The distribution among the three programs shall be	68666
determined by the chair of the Urban University Program.	68667

Of the foregoing appropriation item 235-583, Urban University	68668
Program, $247,453 in each fiscal year shall be used to support a	68669
public communication outreach program (WCPN). The primary purpose	68670
of the program shall be to develop a relationship between	68671
Cleveland State University and nonprofit communications entities.	68672

Of the foregoing appropriation item 235-583, Urban University	68673
Program, $169,310 in each fiscal year shall be used to support the	68674
Kent State University Learning and Technology Project. This	68675
project is a kindergarten through university collaboration between	68676
schools surrounding Kent State University's eight campuses in	68677
northeast Ohio and corporate partners who will assist in	68678
development and delivery.	68679

The Kent State University Project shall provide a faculty	68680
member who has a full-time role in the development of	68681
collaborative activities and teacher instructional programming	68682
between Kent State University and the K-12th grade schools that	68683
surround its eight campuses; appropriate student support staff to	68684
facilitate these programs and joint activities; and hardware and	68685
software to schools that will make possible the delivery of	68686
instruction to pre-service and in-service teachers, and their	68687
students, in their own classrooms or school buildings. This shall	68688
involve the delivery of low-bandwidth streaming video and	68689
web-based technologies in a distributed instructional model.	68690

Of the foregoing appropriation item 235-583, Urban University	68691
Program, $65,119 in each fiscal year shall be used to support the	68692
Ameritech Classroom/Center for Research at Kent State University.	68693

Of the foregoing appropriation item 235-583, Urban University	68694
Program, $723,547 in each fiscal year shall be used to support the	68695
Polymer Distance Learning Project at the University of Akron.	68696

Of the foregoing appropriation item 235-583, Urban University	68697
Program, $32,560 in each fiscal year shall be distributed to the	68698
Kent State University/Cleveland Design Center program.	68699

Of the foregoing appropriation item 235-583, Urban University	68700
Program, $513,886 in each fiscal year shall be used to support the	68701
Bliss Institute of Applied Politics at the University of Akron.	68702

Of the foregoing appropriation item 235-583, Urban University	68703
Program, $10,851 in each fiscal year shall be used for the	68704
Advancing-Up Program at the University of Akron.	68705

Of the foregoing appropriation item 235-583, Urban University	68706
Program, $139,777 in each fiscal year shall be used to support the	68707
Strategic Economic Research Collaborative at the University of	68708
Toledo Urban Affairs Center.	68709

Of the foregoing appropriation item 235-583, Urban University	68710
Program, $164,777 in each fiscal year shall be used to support the	68711
Institute for Collaborative Research and Public Humanities at The	68712
Ohio State University.	68713

Of the foregoing appropriation item 235-583, Urban University	68714
Program, $300,368 in each fiscal year shall be used to support the	68715
Medina County University Center.	68716

Of the foregoing appropriation item 235-583, Urban University	68717
Program, $150,000 in each fiscal year shall be used to support the	68718
Ohio State University African American and African Studies	68719
Community Extension Center.	68720

Of the foregoing appropriation item 235-583, Urban University	68721
Program, $200,000 in each fiscal year shall be used to support the	68722
Cleveland Institute of Art.	68723

Section 375.70.30. RURAL UNIVERSITY PROJECTS

68724

Of the foregoing appropriation item 235-587, Rural University	68725
Projects, Bowling Green State University shall receive $263,783 in	68726
each fiscal year, Miami University shall receive $245,320 in each	68727
fiscal year, and Ohio University shall receive $575,015 in each	68728
fiscal year. These funds shall be used to support the Institute	68729
for Local Government Administration and Rural Development at Ohio	68730
University, the Center for Public Management and Regional Affairs	68731
at Miami University, and the Center for Regional Development at	68732
Bowling Green State University.	68733

A small portion of the funds provided to Ohio University	68734
shall also be used for the Institute for Local Government	68735
Administration and Rural Development State and Rural Policy	68736
Partnership with the Governor's Office of Appalachia and the	68737
Appalachian delegation of the General Assembly.	68738

Of the foregoing appropriation item 235-587, Rural University	68739
Projects, $15,942 in each fiscal year shall be used to support the	68740
Washington State Community College day care center.	68741

Of the foregoing appropriation item 235-587, Rural University	68742
Projects, $59,829 in each fiscal year shall be used to support the	68743
COAD/ILGARD/GOA Appalachian Leadership Initiative.	68744

Section 375.70.40. HAZARDOUS MATERIALS PROGRAM

68745

The foregoing appropriation item 235-596, Hazardous Materials	68746
Program, shall be disbursed to Cleveland State University for the	68747
operation of a program to certify firefighters for the handling of	68748
hazardous materials. Training shall be available to all Ohio	68749
firefighters.	68750

Of the foregoing appropriation item 235-596, Hazardous	68751
Materials Program, $177,337 in each fiscal year shall be used to	68752
support the Center for the Interdisciplinary Study of Education	68753
and Leadership in Public Service at Cleveland State University.	68754
These funds shall be distributed by the Board of Regents and shall	68755
be used by the center targeted toward increasing the role of	68756
special populations in public service and not-for-profit	68757
organizations. The primary purpose of the center is to study	68758
issues in public service and to guide strategies for attracting	68759
new communities into public service occupations by bringing	68760
together a cadre of researchers, scholars, and professionals	68761
representing the public administration, social behavioral, and	68762
education disciplines.	68763

Section 375.70.50. NATIONAL GUARD SCHOLARSHIP PROGRAM

68764

The Board of Regents shall disburse funds from appropriation	68765
item 235-599, National Guard Scholarship Program, at the direction	68766
of the Adjutant General. During each fiscal year, the Board of	68767
Regents, within ten days of cancellation, may certify to the	68768
Director of Budget and Management the amount of canceled	68769
prior-year encumbrances in appropriation item 235-599, National	68770
Guard Scholarship Program. Upon receipt of the certification, the	68771
Director of Budget and Management may transfer an amount up to the	68772
certified amount from the General Revenue Fund to the National	68773
Guard Scholarship Reserve Fund (Fund 5BM). Upon the request of the	68774
Adjutant General, the Board of Regents shall seek Controlling	68775
Board approval to establish appropriations in item 235-623,	68776
National Guard Scholarship Reserve Fund. The Board of Regents	68777
shall disburse funds from appropriation item 235-623, National	68778
Guard Scholarship Reserve Fund, at the direction of the Adjutant	68779
General.	68780

* Section 375.70.60. PLEDGE OF FEES

68781

Any new pledge of fees, or new agreement for adjustment of	68782
fees, made in the biennium ending June 30, 2009, to secure bonds	68783
or notes of a state-assisted institution of higher education for a	68784
project for which bonds or notes were not outstanding on the	68785
effective date of this section shall be effective only after	68786
approval by the Board of Regents, unless approved in a previous	68787
biennium.	68788

Section 375.70.70. HIGHER EDUCATION GENERAL OBLIGATION DEBT	68789
SERVICE	68790

The foregoing appropriation item 235-909, Higher Education	68791
General Obligation Debt Service, shall be used to pay all debt	68792
service and related financing costs at the times they are required	68793
to be made for obligations issued during the period from July 1,	68794
2007, to June 30, 2009, under sections 151.01 and 151.04 of the	68795
Revised Code.	68796

Section 375.70.80. SALES AND SERVICES

68797

The Board of Regents is authorized to charge and accept	68798
payment for the provision of goods and services. Such charges	68799
shall be reasonably related to the cost of producing the goods and	68800
services. No charges may be levied for goods or services that are	68801
produced as part of the routine responsibilities or duties of the	68802
Board. All revenues received by the Board of Regents shall be	68803
deposited into Fund 456, and may be used by the Board of Regents	68804
to pay for the costs of producing the goods and services.	68805

Section 375.70.90. OHIO HIGHER EDUCATIONAL FACILITY	68806
COMMISSION SUPPORT	68807

The foregoing appropriation item 235-602, Higher Educational	68808
Facility Commission Administration, shall be used by the Board of	68809
Regents for operating expenses related to the Board of Regents'	68810
support of the activities of the Ohio Higher Educational Facility	68811
Commission. Upon the request of the chancellor, the Director of	68812
Budget and Management shall transfer up to $50,000 cash in fiscal	68813
year 2008 and up to $45,000 cash in fiscal year 2009 from Fund 461	68814
to Fund 4E8.	68815

Section 375.80.10. PHYSICIAN LOAN REPAYMENT

68816

The foregoing appropriation item 235-604, Physician Loan	68817
Repayment, shall be used in accordance with sections 3702.71 to	68818
3702.81 of the Revised Code.	68819

Section 375.80.20. NURSING LOAN PROGRAM

68820

The foregoing appropriation item 235-606, Nursing Loan	68821
Program, shall be used to administer the nurse education	68822
assistance program. Up to $159,600 in fiscal year 2008 and	68823
$167,580 in fiscal year 2009 may be used for operating expenses	68824
associated with the program. Any additional funds needed for the	68825
administration of the program are subject to Controlling Board	68826
approval.	68827

Section 375.80.30. REPAYMENT OF RESEARCH FACILITY INVESTMENT	68828
FUND MONEYS	68829

Notwithstanding any provision of law to the contrary, all	68830
repayments of Research Facility Investment Fund loans shall be	68831
made to the Bond Service Trust Fund. All Research Facility	68832
Investment Fund loan repayments made prior to the effective date	68833
of this section shall be transferred by the Director of Budget and	68834
Management to the Bond Service Trust Fund within sixty days after	68835
the effective date of this section.	68836

Campuses shall make timely repayments of Research Facility	68837
Investment Fund loans, according to the schedule established by	68838
the Board of Regents. In the case of late payments, the Board of	68839
Regents may deduct from an institution's periodic subsidy	68840
distribution an amount equal to the amount of the overdue payment	68841
for that institution, transfer such amount to the Bond Service	68842
Trust Fund, and credit the appropriate institution for the	68843
repayment.	68844

Section 375.80.40. VETERANS' PREFERENCES

68845

The Board of Regents shall work with the Governor's Office of	68846
Veterans' Affairs to develop specific veterans' preference	68847
guidelines for higher education institutions. These guidelines	68848
shall ensure that the institutions' hiring practices are in	68849
accordance with the intent of Ohio's veterans' preference laws.	68850

Section 375.80.50. STATE NEED-BASED FINANCIAL AID	68851
RECONCILIATION	68852

By the first day of August in each fiscal year, or as soon	68853
thereafter as possible, the Ohio Board of Regents shall certify to	68854
the Director of Budget and Management the amount necessary to pay	68855
any outstanding prior year obligations to higher education	68856
institutions for the state's need-based financial aid programs.	68857
The amounts certified are hereby appropriated to appropriation	68858
item 235-618, State Need-based Financial Aid Reconciliation, from	68859
revenues received in the State Need-based Financial Aid	68860
Reconciliation Fund (Fund 5Y5).	68861

Section 375.80.60. TRANSFERS TO STATE NEED-BASED FINANCIAL	68862
AID PROGRAMS	68863

In each fiscal year of the biennium, if the Chancellor of the	68864
Board of Regents determines that additional funds are needed to	68865
support the distribution of state need-based financial aid in	68866
accordance with sections 3333.12 and 3333.122 of the Revised Code,	68867
the Chancellor shall recommend the reallocation of unencumbered	68868
and unobligated appropriation balances of General Revenue Fund	68869
appropriation items in the Board of Regents to GRF appropriation	68870
items 235-503, Ohio Instructional Grants, and 235-563, Ohio	68871
College Opportunity Grant. If the Director of Budget and	68872
Management determines that such a reallocation is required, the	68873
Director may transfer those identified unencumbered and	68874
unobligated funds in the Board of Regents as necessary to GRF	68875
appropriation items 235-503, Ohio Instructional Grants, and	68876
235-563, Ohio College Opportunity Grant. The amounts transferred	68877
to appropriation items 235-503, Ohio Instructional Grants, and	68878
235-563, Ohio College Opportunity Grant, are hereby appropriated.	68879
If those unencumbered and unobligated funds are not sufficient to	68880
support the distribution of state need-based financial aid in	68881
accordance with sections 3333.12 and 3333.122 of the Revised Code	68882
in each fiscal year, the Director of Budget and Management may	68883
increase the appropriation from the General Revenue Fund of	68884
appropriation items 235-503, Ohio Instructional Grants, and	68885
235-563, Ohio College Opportunity Grant, in each fiscal year. The	68886
combined increase to appropriation items 235-503, Ohio	68887
Instructional Grants, and 235-563, Ohio College Opportunity Grant,	68888
authorized under this section shall not exceed $5,000,000 in total	68889
for the purpose of need-based financial aid in each fiscal year of	68890
the biennium.	68891

Section 375.80.70. TWO PLUS TWO PROGRAMS AT CO-LOCATED	68892
CAMPUSES	68893

The General Assembly encourages co-located technical colleges	68894
and university branches to cooperate in developing programs that	68895
provide for a seamless articulation from a two-year associate	68896
degree from a technical college to a baccalaureate degree from the	68897
university branch with an additional two years of study.	68898

Section 377.10. DRC DEPARTMENT OF REHABILITATION AND	68899
CORRECTION	68900

General Revenue Fund							68901
GRF	501-321	Institutional Operations	$	892,162,864	$	928,980,197	68902
GRF	501-403	Prisoner Compensation	$	8,599,255	$	8,599,255	68903
GRF	501-405	Halfway House	$	41,214,205	$	41,214,205	68904
GRF	501-406	Lease Rental Payments	$	107,607,100	$	109,224,900	68905
GRF	501-407	Community Nonresidential Programs	$	16,514,626	$	16,547,367	68906
GRF	501-408	Community Misdemeanor Programs	$	9,313,076	$	9,313,076	68907
GRF	501-501	Community Residential Programs - CBCF	$	57,104,132	$	57,104,132	68908
GRF	502-321	Mental Health Services	$	70,112,063	$	73,405,363	68909
GRF	503-321	Parole and Community Operations	$	79,296,672	$	82,739,767	68910
GRF	504-321	Administrative Operations	$	27,599,198	$	28,703,273	68911
GRF	505-321	Institution Medical Services	$	199,073,620	$	198,337,805	68912
GRF	506-321	Institution Education Services	$	23,784,868	$	24,847,502	68913
GRF	507-321	Institution Recovery Services	$	7,319,028	$	7,664,520	68914
TOTAL GRF General Revenue Fund			$	1,539,700,707	$	1,586,681,362	68915

General Services Fund Group

68916

148	501-602	Services and Agricultural	$	104,485,807	$	108,290,058	68917
200	501-607	Ohio Penal Industries	$	39,395,391	$	40,845,414	68918
4B0	501-601	Sewer Treatment Services	$	2,331,003	$	2,407,018	68919
4D4	501-603	Prisoner Programs	$	20,967,703	$	20,967,703	68920
4L4	501-604	Transitional Control	$	2,051,451	$	2,051,451	68921
4S5	501-608	Education Services	$	4,564,072	$	4,564,072	68922
483	501-605	Property Receipts	$	393,491	$	393,491	68923
5AF	501-609	State and Non-Federal Awards	$	262,718	$	262,718	68924
5H8	501-617	Offender Financial Responsibility	$	2,500,000	$	2,500,000	68925
5L6	501-611	Information Technology Services	$	3,741,980	$	3,741,980	68926
571	501-606	Training Academy Receipts	$	75,190	$	75,190	68927
593	501-618	Laboratory Services	$	5,799,999	$	5,799,999	68928
TOTAL GSF General Services Fund Group			$	186,568,805	$	191,899,094	68929

Federal Special Revenue Fund Group

68930

3S1	501-615	Truth-In-Sentencing Grants	$	8,709,142	$	8,709,142	68931
323	501-619	Federal Grants	$	12,198,353	$	12,198,353	68932
3CJ	501-621	Medicaid Inpatient Services	$	11,600,000	$	15,500,000	68933
TOTAL FED Federal Special Revenue							68934
Fund Group			$	32,507,495	$	36,407,495	68935

TOTAL ALL BUDGET FUND GROUPS

1,758,777,007

1,814,987,951

68936

OHIO BUILDING AUTHORITY LEASE PAYMENTS

68937

The foregoing appropriation item 501-406, Lease Rental	68938
Payments, shall be used to meet all payments during the period	68939
from July 1, 2007, to June 30, 2009, under the primary leases and	68940
agreements for those buildings made under Chapter 152. of the	68941
Revised Code. These appropriations are the source of funds pledged	68942
for bond service charges or obligations issued pursuant to Chapter	68943
152. of the Revised Code.	68944

PRISONER COMPENSATION

68945

Money from the foregoing appropriation item 501-403, Prisoner	68946
Compensation, shall be transferred on a quarterly basis by	68947
intrastate transfer voucher to the Services and Agricultural Fund	68948
(Fund 148) for the purposes of paying prisoner compensation.	68949

HIV/AIDS TESTING REENTRY PILOT PROGRAM

68950

Of the foregoing appropriation item 505-321, Institution	68951
Medical Services, up to $250,000 in each fiscal year shall be used	68952
for the HIV/AIDS testing re-entry pilot program at the Mansfield	68953
Correctional Institution. Prior to a prisoner's release from	68954
custody at the Mansfield Correctional Institution under the	68955
control of the Department of Rehabilitation and Correction, the	68956
department shall examine and test a prisoner for HIV infection and	68957
any sexually transmitted disease. The department may examine and	68958
test involuntarily a prisoner who refuses to be tested.	68959

Section 377.20. LIMA CORRECTIONAL INSTITUTION STUDY COMMITTEE

68960

(A) There is hereby created the Lima Correctional Institution	68961
Study Committee, effective July 1, 2007. The Committee shall	68962
consist of the following nine members:	68963

(1) The Director of Rehabilitation and Correction or the	68964
Director's designee;	68965

(2) The eight members of the Correctional Institution	68966
Inspection Committee.	68967

(B) The Director of Rehabilitation and Correction shall be	68968
the chairperson of the Lima Correctional Institution Study	68969
Committee.	68970

(C) The Lima Correctional Institution Study Committee shall	68971
procure an independent feasibility study, performed by a	68972
consultant, through the Department of Rehabilitation and	68973
Correction. The study shall examine the highest and best use for	68974
the Lima Correctional Institution and shall examine, at a minimum,	68975
all of the following:	68976

(1) State and local correctional needs and the utilization of	68977
state and local facilities to service those needs;	68978

(2) The current condition and value of the Lima Correctional	68979
Institution;	68980

(3) The cost to reopen the Lima Correctional Institution in	68981
part or in whole for a correctional purpose;	68982

(4) Alternative uses for the Lima Correctional Institution;

68983

(5) The funding options to utilize the Lima Correctional	68984
Institution;	68985

(6) The economic impact of the Lima Correctional Institution	68986
on the Lima region and the potential non-prison economic	68987
development opportunities for a closed prison facility.	68988

(D) The Lima Correctional Institution Study Committee and the	68989
consultant selected shall utilize the staff of the Department of	68990
Rehabilitation and Correction for research and other support	68991
functions as much as feasible.	68992

(E) Of the foregoing appropriation item 501-321,	68993
Institutional Operations, $50,000 in fiscal year 2008 shall be	68994
used to fund the feasibility study.	68995

(F) The Lima Correctional Institution Study Committee shall	68996
submit a report of the Committee's findings not later than April	68997
1, 2008, to the Governor, the President of the Senate, and the	68998
Speaker of the House of Representatives. The Committee shall cease	68999
to exist after submitting the report.	69000

Section 379.10. RSC REHABILITATION SERVICES COMMISSION

69001

General Revenue Fund

69002

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	69003
GRF	415-402	Independent Living Council	$	450,000	$	450,000	69004
GRF	415-406	Assistive Technology	$	47,531	$	47,531	69005
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	69006
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	69007
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	69008
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	69009

General Services Fund Group

69010

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	69011
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	69012
TOTAL GSF General Services							69013
Fund Group			$	19,755,270	$	20,189,122	69014

Federal Special Revenue Fund Group

69015

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	69016
3L1	415-608	Social Security Vocational Rehabilitation	$	2,256,260	$	2,256,260	69017
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	69018
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	69019
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	69020
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	69021
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	69022
TOTAL FED Federal Special							69023
Revenue Fund Group			$	214,316,854	$	220,120,651	69024

State Special Revenue Fund Group

69025

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	69026
468	415-618	Third Party Funding	$	906,910	$	906,910	69027
TOTAL SSR State Special							69028
Revenue Fund Group			$	4,672,247	$	5,406,910	69029
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	69030

INDEPENDENT LIVING COUNCIL

69031

The foregoing appropriation item 415-402, Independent Living	69032
Council, shall be used to fund the operations of the State	69033
Independent Living Council and shall be used to support state	69034
independent living centers and independent living services under	69035
Title VII of the Independent Living Services and Centers for	69036
Independent Living of the Rehabilitation Act Amendments of 1992,	69037
106 Stat. 4344, 29 U.S.C. 796d.	69038

OFFICE FOR PEOPLE WITH BRAIN INJURY

69039

Of the foregoing appropriation item 415-431, Office for	69040
People with Brain Injury, up to $50,000 in each fiscal year shall	69041
be used for the state match for a federal grant awarded through	69042
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	69043
$50,000 in each fiscal year shall be provided to the Brain Injury	69044
Trust Fund. The remaining appropriation shall be used to plan and	69045
coordinate head-injury-related services provided by state agencies	69046
and other government or private entities, to assess the needs for	69047
such services, and to set priorities in this area.	69048

VOCATIONAL REHABILITATION SERVICES

69049

The foregoing appropriation item 415-506, Services for People	69050
with Disabilities, shall be used as state matching funds to	69051
provide vocational rehabilitation services to eligible consumers.	69052

PROGRAM MANAGEMENT EXPENSES

69053

The foregoing appropriation item 415-606, Program Management	69054
Expenses, shall be used to support the administrative functions of	69055
the commission related to the provision of vocational	69056
rehabilitation, disability determination services, and ancillary	69057
programs.	69058

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

69059

The foregoing appropriation item 415-617, Independent	69060
Living/Vocational Rehabilitation Programs, shall be used to	69061
support vocational rehabilitation programs.	69062

SOCIAL SECURITY REIMBURSEMENT FUNDS

69063

Reimbursement funds received from the Social Security	69064
Administration, United States Department of Health and Human	69065
Services, for the costs of providing services and training to	69066
return disability recipients to gainful employment shall be used	69067
in the Social Security Reimbursement Fund (Fund 3L1), to the	69068
extent funds are available, as follows:	69069

(A) Appropriation item 415-601, Social Security Personal Care	69070
Assistance, to provide personal care services in accordance with	69071
section 3304.41 of the Revised Code;	69072

(B) Appropriation item 415-608, Social Security Vocational	69073
Rehabilitation, to provide vocational rehabilitation services to	69074
individuals with severe disabilities who are Social Security	69075
beneficiaries, to enable them to achieve competitive employment.	69076
This appropriation item also includes funds to assist the Personal	69077
Care Assistance Program to pay its share of indirect costs as	69078
mandated by federal OMB Circular A-87.	69079

PERFORMANCE AUDIT

69080

The Auditor of State shall complete a performance audit of	69081
the Rehabilitation Services Commission. Upon completing the	69082
performance audit, the Auditor of State shall submit a report of	69083
the findings of the audit to the Governor, the President of the	69084
Senate, the Speaker of the House of Representatives, and the Board	69085
of Rehabilitation Services Commission. Expenses incurred by the	69086
Auditor of State to conduct the performance audit shall be	69087
reimbursed by the Rehabilitation Services Commission.	69088

Section 381.10. RCB RESPIRATORY CARE BOARD

69089

General Services Fund Group

69090

4K9	872-609	Operating Expenses	$	491,628	$	481,768	69091
TOTAL GSF General Services							69092
Fund Group			$	491,628	$	481,768	69093
TOTAL ALL BUDGET FUND GROUPS			$	491,628	$	481,768	69094

Section 383.10. RDF REVENUE DISTRIBUTION FUNDS

69096

Volunteer Firefighters' Dependents Fund

69097

085	800-900	Volunteer Firefighters' Dependents Fund	$	300,000	$	300,000	69098
TOTAL 085 Volunteer Firefighters'							69099
Dependents Fund			$	300,000	$	300,000	69100
Agency Fund Group							69101
062	110-962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	69102
063	110-963	Permissive Tax Distribution	$	1,778,662,000	$	1,849,000,000	69103
067	110-967	School District Income Tax	$	325,000,000	$	350,000,000	69104
4P8	001-698	Cash Management Improvement Fund	$	3,050,000	$	3,100,000	69105
608	001-699	Investment Earnings	$	250,000,000	$	250,000,000	69106
TOTAL AGY Agency Fund Group			$	2,357,712,000	$	2,453,100,000	69107

Holding Account Redistribution

69108

R45	110-617	International Fuel Tax Distribution	$	50,000,000	$	50,000,000	69109
TOTAL 090 Holding Account Redistribution Fund			$	50,000,000	$	50,000,000	69110
Revenue Distribution Fund Group							69111
049	038-900	Indigent Drivers Alcohol Treatment	$	1,797,000	$	1,832,000	69112
050	762-900	International Registration Plan Distribution	$	54,475,631	$	55,565,143	69113
051	762-901	Auto Registration Distribution	$	500,000,000	$	539,000,000	69114
054	110-954	Local Government Property Tax Replacement - Utility	$	93,250,000	$	95,125,000	69115
060	110-960	Gasoline Excise Tax Fund	$	375,000,000	$	375,000,000	69116
064	110-964	Local Government Revenue Assistance	$	42,400,000	$	0	69117
065	110-965	Library/Local Government Support Fund	$	460,000,000	$	464,500,000	69118
066	800-900	Undivided Liquor Permits	$	13,500,000	$	13,500,000	69119
068	110-968	State and Local Government Highway Distribution	$	240,250,000	$	242,500,000	69120
069	110-969	Local Government Fund	$	730,700,000	$	785,000,000	69121
081	110-981	Local Government Property Tax Replacement-Business	$	262,500,000	$	366,800,000	69122
082	110-982	Horse Racing Tax	$	125,000	$	130,000	69123
083	700-900	Ohio Fairs Fund	$	2,277,000	$	2,325,000	69124
TOTAL RDF Revenue Distribution							69125
Fund Group			$	2,776,274,631	$	2,941,277,143	69126
TOTAL ALL BUDGET FUND GROUPS			$	5,184,286,631	$	5,444,677,143	69127

ADDITIONAL APPROPRIATIONS

69128

Appropriation items in this section shall be used for the	69129
purpose of administering and distributing the designated revenue	69130
distribution funds according to the Revised Code. If it is	69131
determined that additional appropriations are necessary for this	69132
purpose, such amounts are appropriated.	69133

GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT PROPERTY	69134
TAX REPLACEMENT – BUSINESS (FUND 081)	69135

Notwithstanding any provision of law to the contrary, in	69136
fiscal year 2008 and fiscal year 2009, the Director of Budget and	69137
Management may transfer from the General Revenue Fund to the Local	69138
Government Property Tax Replacement – Business (Fund 081) in the	69139
Revenue Distribution Fund, those amounts necessary to reimburse	69140
local taxing units under section 5751.22 of the Revised Code.	69141
Also, in fiscal year 2008 and fiscal year 2009, the Director of	69142
Budget and Management may make temporary transfers from the	69143
General Revenue Fund to ensure sufficient balances in the Local	69144
Government Property Tax Replacement - Business Fund (Fund 081) and	69145
to replenish the General Revenue Fund for such transfers.	69146

Section 385.10. SAN BOARD OF SANITARIAN REGISTRATION

69147

General Services Fund Group

69148

4K9	893-609	Operating Expenses	$	138,551	$	138,551	69149
TOTAL GSF General Services							69150
Fund Group			$	138,551	$	138,551	69151
TOTAL ALL BUDGET FUND GROUPS			$	138,551	$	138,551	69152

Section 387.10. OSB OHIO STATE SCHOOL FOR THE BLIND

69154

General Revenue Fund

69155

GRF	226-100	Personal Services	$	7,093,127	$	7,519,318	69156
GRF	226-200	Maintenance	$	704,154	$	704,154	69157
GRF	226-300	Equipment	$	113,288	$	113,288	69158
TOTAL GRF General Revenue Fund			$	7,910,569	$	8,336,760	69159

General Services Fund Group

69160

4H8	226-602	School Improvement Grants	$	37,514	$	37,514	69161
TOTAL GSF General Services							69162
Fund Group			$	37,514	$	37,514	69163

Federal Special Revenue Fund Group

69164

3P5	226-643	Medicaid Services Reimbursement	$	50,000	$	50,000	69165
310	226-626	Multi-Handicapped Student Support	$	2,527,105	$	2,527,105	69166
TOTAL FED Federal Special							69167
Revenue Fund Group			$	2,577,105	$	2,577,105	69168

State Special Revenue Fund Group

69169

4M5	226-601	Work Study and Donations	$	217,397	$	217,397	69170
TOTAL SSR State Special Revenue							69171
Fund Group			$	217,397	$	217,397	69172
TOTAL ALL BUDGET FUND GROUPS			$	10,742,585	$	11,168,776	69173

Section 389.10. OSD OHIO SCHOOL FOR THE DEAF

69175

General Revenue Fund

69176

GRF	221-100	Personal Services	$	8,775,363	$	9,263,862	69177
GRF	221-200	Maintenance	$	1,033,092	$	1,033,092	69178
GRF	221-300	Equipment	$	222,500	$	222,500	69179
TOTAL GRF General Revenue Fund			$	10,030,955	$	10,519,454	69180

General Services Fund Group

69181

4M1	221-602	School Improvement Grants	$	38,000	$	38,000	69182
TOTAL GSF General Services							69183
Fund Group			$	38,000	$	38,000	69184

Federal Special Revenue Fund Group

69185

3AD	221-604	VREAL Ohio	$	25,000	$	25,000	69186
3R0	221-684	Medicaid Services	$	34,999	$	34,999	69187
		Reimbursement					69188
3Y1	221-686	Federal Early Childhood Grant	$	250,000	$	250,000	69189
311	221-625	Statewide Outreach	$	2,470,135	$	2,470,135	69190
TOTAL FED Federal Special							69191
Revenue Fund Group			$	2,780,134	$	2,780,134	69192

State Special Revenue Fund Group

69193

4M0	221-601	Work Study and Donations	$	95,000	$	95,000	69194
5H6	221-609	Preschool Program Support	$	127,832	$	125,358	69195
TOTAL SSR State Special Revenue							69196
Fund Group			$	222,832	$	220,358	69197
TOTAL ALL BUDGET FUND GROUPS			$	13,071,921	$	13,557,946	69198

Section 391.10. SFC SCHOOL FACILITIES COMMISSION

69200

General Revenue Fund

69201

GRF	230-428	Lease Rental Payments	$	22,702,000	$	0	69202
GRF	230-908	Common Schools General Obligation Debt Service	$	284,768,400	$	339,648,300	69203
TOTAL GRF General Revenue Fund			$	307,470,400	$	339,648,300	69204

State Special Revenue Fund Group

69205

5E3	230-644	Operating Expenses	$	7,749,813	$	7,786,197	69206
TOTAL SSR State Special Revenue							69207
Fund Group			$	7,749,813	$	7,786,197	69208
TOTAL ALL BUDGET FUND GROUPS			$	315,220,213	$	347,434,497	69209

Section 391.20. LEASE RENTAL PAYMENTS

69211

The foregoing appropriation item 230-428, Lease Rental	69212
Payments, shall be used to meet all payments at the times they are	69213
required to be made during the period from July 1, 2007, to June	69214
30, 2009, by the Ohio School Facilities Commission under leases	69215
and agreements made under section 3318.26 of the Revised Code.	69216

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

69217

The foregoing appropriation item 230-908, Common Schools	69218
General Obligation Debt Service, shall be used to pay all debt	69219
service and related financing costs at the times they are required	69220
to be made for obligations issued during the period from July 1,	69221
2007, through June 30, 2009, under sections 151.01 and 151.03 of	69222
the Revised Code.	69223

OPERATING EXPENSES

69224

The foregoing appropriation item 230-644, Operating Expenses,	69225
shall be used by the Ohio School Facilities Commission to carry	69226
out its responsibilities under this section and Chapter 3318. of	69227
the Revised Code.	69228

In both fiscal years 2008 and 2009, the Executive Director of	69229
the Ohio School Facilities Commission shall certify on a quarterly	69230
basis to the Director of Budget and Management the amount of cash	69231
from interest earnings to be transferred from the School Building	69232
Assistance Fund (Fund 032), the Public School Building Fund (Fund	69233
021), and the Educational Facilities Trust Fund (Fund N87) to the	69234
Ohio School Facilities Commission Fund (Fund 5E3). The amount	69235
transferred from the School Building Assistance Fund (Fund 032)	69236
may not exceed investment earnings credited to the fund, less any	69237
amount required to be paid for federal arbitrage rebate purposes.	69238

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

69239

At the request of the Executive Director of the Ohio School	69240
Facilities Commission, the Director of Budget and Management may	69241
cancel encumbrances for school district projects from a previous	69242
biennium if the district has not raised its local share of project	69243
costs within one year of receiving Controlling Board approval	69244
under section 3318.05 of the Revised Code. The Executive Director	69245
of the Ohio School Facilities Commission shall certify the amounts	69246
of the canceled encumbrances to the Director of Budget and	69247
Management on a quarterly basis. The amounts of the canceled	69248
encumbrances are hereby appropriated.	69249

Section 391.30. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	69250
FACILITIES	69251

Notwithstanding any other provision of law to the contrary,	69252
the Ohio School Facilities Commission may provide assistance under	69253
the Exceptional Needs School Facilities Program established in	69254
section 3318.37 of the Revised Code to any school district, and	69255
not exclusively to a school district in the lowest seventy-five	69256
per cent of adjusted valuation per pupil on the current ranking of	69257
school districts established under section 3317.02 of the Revised	69258
Code, for the purpose of the relocation or replacement of school	69259
facilities required as a result of extreme environmental	69260
contamination.	69261

The Ohio School Facilities Commission shall contract with an	69262
independent environmental consultant to conduct a study and to	69263
report to the commission as to the seriousness of the	69264
environmental contamination, whether the contamination violates	69265
applicable state and federal standards, and whether the facilities	69266
are no longer suitable for use as school facilities. The	69267
commission then shall make a determination regarding funding for	69268
the relocation or replacement of the school facilities. If the	69269
federal government or other public or private entity provides	69270
funds for restitution of costs incurred by the state or school	69271
district in the relocation or replacement of the school	69272
facilities, the school district shall use such funds in excess of	69273
the school district's share to refund the state for the state's	69274
contribution to the environmental contamination portion of the	69275
project. The school district may apply an amount of such	69276
restitution funds up to an amount equal to the school district's	69277
portion of the project, as defined by the commission, toward	69278
paying its portion of that project to reduce the amount of bonds	69279
the school district otherwise must issue to receive state	69280
assistance under sections 3318.01 to 3318.20 of the Revised Code.	69281

Section 391.40. CANTON CITY SCHOOL DISTRICT PROJECT

69282

(A) The Ohio School Facilities Commission may commit up to	69283
thirty-five million dollars to the Canton City School District for	69284
construction of a facility described in this section, in lieu of a	69285
high school that would otherwise be authorized under Chapter 3318.	69286
of the Revised Code. The Commission shall not commit funds under	69287
this section unless all of the following conditions are met:	69288

(1) The District has entered into a cooperative agreement	69289
with a state-assisted technical college.	69290

(2) The District has received an irrevocable commitment of	69291
additional funding from nonpublic sources.	69292

(3) The facility is intended to serve both secondary and	69293
postsecondary instructional purposes.	69294

(B) The Commission shall enter into an agreement with the	69295
District for the construction of the facility authorized under	69296
this section that is separate from and in addition to the	69297
agreement required for the District's participation in the	69298
Classroom Facilities Assistance Program under section 3318.08 of	69299
the Revised Code. Notwithstanding that section and sections	69300
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	69301
agreement shall provide, but not be limited to, the following:	69302

(1) The Commission shall not have any oversight	69303
responsibilities over the construction of the facility.	69304

(2) The facility need not comply with the specifications for	69305
plans and materials for high schools adopted by the Commission.	69306

(3) The Commission may decrease the basic project cost that	69307
would otherwise be calculated for a high school under Chapter	69308
3318. of the Revised Code.	69309

(4) The state shall not share in any increases in the basic	69310
project cost for the facility above the amount authorized under	69311
this section.	69312

All other provisions of Chapter 3318. of the Revised Code	69313
apply to the approval and construction of a facility authorized	69314
under this section.	69315

The state funds committed to the facility authorized by this	69316
section shall be part of the total amount the state commits to the	69317
Canton City School District under Chapter 3318. of the Revised	69318
Code. All additional state funds committed to the Canton City	69319
School District for classroom facilities assistance shall be	69320
subject to all provisions of Chapter 3318. of the Revised Code.	69321

Section 391.50. CAREER-TECHNICAL LOAN PROGRAM

69322

Within thirty days after the effective date of this section,	69323
or as soon as possible thereafter, the Executive Director of the	69324
Ohio School Facilities Commission shall certify the cash balance	69325
in the Career-Technical School Building Assistance Fund (Fund 020)	69326
to the Director of Budget and Management, who shall transfer that	69327
amount to the Public School Building Fund (Fund 021) and abolish	69328
the Career-Technical School Building Assistance Fund (Fund 020).	69329

All repayments of current loans approved under section	69330
3318.48 of the Revised Code, which is repealed by this act, shall	69331
be deposited to the credit of the Public School Building Fund	69332
(Fund 021). Should a district fail to submit the annual	69333
installment of the loan repayment within sixty days after the due	69334
date, the Department of Education, upon the request of the	69335
Executive Director of the Ohio School Facilities Commission, shall	69336
deduct the amount of the installment from payments due to a	69337
district under Chapter 3317. of the Revised Code or from any other	69338
funds appropriated to the district by the General Assembly, and	69339
shall transfer that amount to the Commission to the credit of the	69340
Public School Building Fund (Fund 021).	69341

Section 393.10. SOS SECRETARY OF STATE

69342

General Revenue Fund

69343

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	69344
GRF	050-403	Election Statistics	$	103,936	$	103,936	69345
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	69346
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	69347
TOTAL GRF General Revenue Fund			$	2,971,585	$	2,971,585	69348

General Services Fund Group

69349

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	69350
412	050-609	Notary Commission	$	685,249	$	685,249	69351
413	050-601	Information Systems	$	119,955	$	119,955	69352
414	050-602	Citizen Education Fund	$	55,712	$	55,712	69353
TOTAL General Services Fund Group			$	868,116	$	868,116	69354

Federal Special Revenue Fund Group

69355

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	69356
3AS	050-616	2005 HAVA Voting Machines	$	3,750,000	$	3,750,000	69357
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	69358
TOTAL FED Federal Special Revenue							69359
Fund Group			$	4,791,000	$	4,791,000	69360

State Special Revenue Fund Group

69361

5N9	050-607	Technology Improvements	$	129,565	$	129,565	69362
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	69363
TOTAL SSR State Special Revenue							69364
Fund Group			$	13,891,299	$	13,891,299	69365

Holding Account Redistribution Fund Group

69366

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	69367
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	69368
TOTAL 090 Holding Account							69369
Redistribution Fund Group			$	115,000	$	115,000	69370
TOTAL ALL BUDGET FUND GROUPS			$	22,637,000	$	22,637,000	69371

BOARD OF VOTING MACHINE EXAMINERS

69372

The foregoing appropriation item 050-610, Board of Voting	69373
Machine Examiners, shall be used to pay for the services and	69374
expenses of the members of the Board of Voting Machine Examiners,	69375
and for other expenses that are authorized to be paid from the	69376
Board of Voting Machine Examiners Fund, which is created in	69377
section 3506.05 of the Revised Code. Moneys not used shall be	69378
returned to the person or entity submitting the equipment for	69379
examination. If it is determined that additional appropriations	69380
are necessary, such amounts are appropriated.	69381

2005 HAVA VOTING MACHINES

69382

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	69383
Machines, in fiscal year 2008 $15,000 shall be distributed to the	69384
Vinton County Board of Elections and $15,000 shall be distributed	69385
to the Morgan County Board of Elections to be used for emergency	69386
assistance for elections.	69387

On July 1, 2008, or as soon as possible thereafter, the	69388
Director of Budget and Management shall transfer any remaining	69389
unexpended, unencumbered appropriations in Fund 3AS, appropriation	69390
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	69391
2009. The transferred amount is hereby appropriated.	69392

On July 1, 2008, or as soon as possible thereafter, the	69393
Director of Budget and Management shall transfer any remaining	69394
unexpended, unencumbered appropriations in Fund 3AH, appropriation	69395
item 050-614, Election Reform/Health and Human Services Fund, for	69396
use in fiscal year 2009. The transferred amount is hereby	69397
appropriated.	69398

Ongoing interest earnings from the federal Election	69399
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	69400
Voting Machines Fund (Fund 3AS) shall be credited to the	69401
respective funds and distributed in accordance with the terms of	69402
the grant under which the money is received.	69403

HOLDING ACCOUNT REDISTRIBUTION GROUP

69404

The foregoing appropriation items 050-605 and 050-606,	69405
Holding Account Redistribution Fund Group, shall be used to hold	69406
revenues until they are directed to the appropriate accounts or	69407
until they are refunded. If it is determined that additional	69408
appropriations are necessary, such amounts are appropriated.	69409

Section 395.10. SEN THE OHIO SENATE

69410

General Revenue Fund

69411

GRF	020-321		Operating Expenses		$	11,778,439		$	11,778,439		69412
TOTAL GRF General Revenue Fund					$	11,778,439		$	11,778,439		69413

General Services Fund Group

69414

102	020-602	Senate Reimbursement	$	448,465	$	448,465	69415
409	020-601	Miscellaneous Sales	$	34,497	$	34,497	69416
TOTAL GSF General Services							69417
Fund Group			$	482,962	$	482,962	69418
TOTAL ALL BUDGET FUND GROUPS			$	12,261,401	$	12,261,401	69419

OPERATING EXPENSES

69420

On July 1, 2007, or as soon as possible thereafter, the Clerk	69421
of the Senate shall certify to the Director of Budget and	69422
Management the total fiscal year 2007 unencumbered appropriations	69423
in appropriation item 020-321, Operating Expenses. The Clerk may	69424
direct the Director of Budget and Management to transfer an amount	69425
not to exceed the total fiscal year 2007 unencumbered	69426
appropriations to fiscal year 2008 for use within appropriation	69427
item 020-321, Operating Expenses. Additional appropriation	69428
authority equal to the amount certified by the Clerk is hereby	69429
appropriated to appropriation item 020-321, Operating Expenses, in	69430
fiscal year 2008.	69431

On July 1, 2008, or as soon as possible thereafter, the Clerk	69432
of the Senate shall certify to the Director of Budget and	69433
Management the total fiscal year 2008 unencumbered appropriations	69434
in appropriation item 020-321, Operating Expenses. The Clerk may	69435
direct the Director of Budget and Management to transfer an amount	69436
not to exceed the total fiscal year 2008 unencumbered	69437
appropriations to fiscal year 2009 for use within appropriation	69438
item 020-321, Operating Expenses. Additional appropriation	69439
authority equal to the amount certified by the Clerk is hereby	69440
appropriated to appropriation item 020-321, Operating Expenses, in	69441
fiscal year 2009.	69442

Section 397.10. CSF COMMISSIONERS OF THE SINKING FUND

69443

Debt Service Fund Group

69444

070	155-905	Third Frontier Research & Development Bond Retirement Fund	$	14,349,500	$	25,023,400	69445
072	155-902	Highway Capital Improvement Bond Retirement Fund	$	202,694,900	$	205,139,500	69446
073	155-903	Natural Resources Bond Retirement Fund	$	24,713,800	$	25,723,000	69447
074	155-904	Conservation Projects Bond Service Fund	$	14,847,200	$	19,779,200	69448
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,232,400	$	8,192,500	69449
077	155-907	State Capital Improvement Bond Retirement Fund	$	178,713,600	$	189,296,300	69450
078	155-908	Common Schools Bond Retirement Fund	$	292,268,400	$	342,148,300	69451
079	155-909	Higher Education Bond Retirement Fund	$	175,972,400	$	210,372,200	69452
090	155-912	Job Ready Site Development Bond Retirement Fund	$	4,359,400	$	8,232,500	69453
TOTAL DSF Debt Service Fund Group			$	915,151,600	$	1,033,906,900	69454
TOTAL ALL BUDGET FUND GROUPS			$	915,151,600	$	1,033,906,900	69455

ADDITIONAL APPROPRIATIONS

69456

Appropriation items in this section are for the purpose of	69457
paying debt service and financing costs on bonds or notes of the	69458
state issued under the Ohio Constitution and acts of the General	69459
Assembly. If it is determined that additional appropriations are	69460
necessary for this purpose, such amounts are hereby appropriated.	69461

Section 399.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	69462
DEVELOPMENT FOUNDATION	69463

General Revenue Fund

69464

GRF	945-321	Operating Expenses	$	$	475,220	69465
GRF	945-501	Southern Ohio Agricultural and Community Development Foundation	$	$	7,513,251	69466
TOTAL GRF General Revenue Fund			$	$	7,988,471	69467
TOTAL ALL BUDGET FUND GROUPS			$	$	7,988,471	69468

SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT	69469
FOUNDATION	69470

The foregoing appropriation item 945-321, Operating Expenses,	69471
shall be used for the operating expenses of the Southern Ohio	69472
Agricultural and Community Development Foundation in administering	69473
programs under section 183.15 of the Revised Code.	69474

The foregoing appropriation item 945-501, Southern Ohio	69475
Agricultural and Community Development Foundation, shall be used	69476
by the Southern Ohio Agricultural and Community Development	69477
Foundation for programs administered under section 183.15 of the	69478
Revised Code.	69479

Section 401.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	69480
AUDIOLOGY	69481

General Services Fund Group

69482

4K9	886-609	Operating Expenses	$	430,600	$	453,000	69483
TOTAL GSF General Services							69484
Fund Group			$	430,600	$	453,000	69485
TOTAL ALL BUDGET FUND GROUPS			$	430,600	$	453,000	69486

Section 403.10. BTA BOARD OF TAX APPEALS

69488

General Revenue Fund

69489

GRF	116-321	Operating Expenses	$	2,247,476	$	2,281,188	69490
TOTAL GRF General Revenue Fund			$	2,247,476	$	2,281,188	69491
TOTAL ALL BUDGET FUND GROUPS			$	2,247,476	$	2,281,188	69492

Section 405.10. TAX DEPARTMENT OF TAXATION

69494

General Revenue Fund

69495

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	69496
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	69497
GRF	110-412	Child Support Administration	$	71,680	$	71,680	69498
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	69499
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	69500
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	69501

General Services Fund Group

69502

433	110-602	Tape File Account	$	125,000	$	140,000	69503
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	69504
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	69505
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	69506
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	69507
TOTAL GSF General Services							69508
Fund Group			$	7,625,000	$	7,490,000	69509

State Special Revenue Fund Group

69510

4C6	110-616	International Registration Plan	$	706,855	$	706,855	69511
4R6	110-610	Tire Tax Administration	$	125,000	$	150,000	69512
435	110-607	Local Tax Administration	$	17,250,000	$	17,250,000	69513
436	110-608	Motor Vehicle Audit	$	1,200,000	$	1,200,000	69514
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000	$	800,000	69515
438	110-609	School District Income Tax	$	3,600,000	$	3,600,000	69516
5N5	110-605	Municipal Income Tax Administration	$	500,000	$	500,000	69517
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000	$	175,000	69518
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000	$	5,000,000	69519
5V8	110-623	Property Tax Administration	$	13,500,000	$	13,500,000	69520
639	110-614	Cigarette Tax Enforcement	$	100,000	$	100,000	69521
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	69522
688	110-615	Local Excise Tax Administration	$	210,000	$	180,000	69523
TOTAL SSR State Special Revenue							69524
Fund Group			$	43,291,855	$	43,761,855	69525

Agency Fund Group

69526

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	69527
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	69528
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	69529

Holding Account Redistribution Fund Group

69530

R10	110-611	Tax Distributions	$	50,000	$	50,000	69531
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	69532
TOTAL 090 Holding Account							69533
Redistribution Fund Group			$	100,000	$	100,000	69534
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724	$	2,195,194,230	69535

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	69536
EXEMPTION	69537

The foregoing appropriation item 110-901, Property Tax	69538
Allocation - Taxation, is hereby appropriated to pay for the	69539
state's costs incurred because of the Homestead Exemption, the	69540
Manufactured Home Property Tax Rollback, and the Property Tax	69541
Rollback. The Tax Commissioner shall distribute these funds	69542
directly to the appropriate local taxing districts, except for	69543
school districts, notwithstanding the provisions in sections	69544
321.24 and 323.156 of the Revised Code, which provide for payment	69545
of the Homestead Exemption, the Manufactured Home Property Tax	69546
Rollback, and Property Tax Rollback by the Tax Commissioner to the	69547
appropriate county treasurer and the subsequent redistribution of	69548
these funds to the appropriate local taxing districts by the	69549
county auditor.	69550

The foregoing appropriation item 110-906, Tangible Tax	69551
Exemption - Taxation, is hereby appropriated to pay for the	69552
state's costs incurred because of the tangible personal property	69553
tax exemption required by division (C)(3) of section 5709.01 of	69554
the Revised Code. The Tax Commissioner shall distribute to each	69555
county treasurer the total amount appearing in the notification	69556
from the county treasurer under division (G) of section 321.24 of	69557
the Revised Code for all local taxing districts located in the	69558
county except for school districts, notwithstanding the provision	69559
in section 321.24 of the Revised Code which provides for payment	69560
of the $10,000 tangible personal property tax exemption by the Tax	69561
Commissioner to the appropriate county treasurer for all local	69562
taxing districts located in the county including school districts.	69563
The county auditor shall distribute the amount paid by the Tax	69564
Commissioner among the appropriate local taxing districts except	69565
for school districts under division (G) of section 321.24 of the	69566
Revised Code.	69567

Upon receipt of these amounts, each local taxing district	69568
shall distribute the amount among the proper funds as if it had	69569
been paid as real or tangible personal property taxes. Payments	69570
for the costs of administration shall continue to be paid to the	69571
county treasurer and county auditor as provided for in sections	69572
319.54, 321.26, and 323.156 of the Revised Code.	69573

Any sums, in addition to the amounts specifically	69574
appropriated in appropriation items 110-901, Property Tax	69575
Allocation - Taxation, for the Homestead Exemption, the	69576
Manufactured Home Property Tax Rollback, and the Property Tax	69577
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	69578
for the $10,000 tangible personal property tax exemption payments,	69579
which are determined to be necessary for these purposes, are	69580
hereby appropriated.	69581

MUNICIPAL INCOME TAX

69582

The foregoing appropriation item 110-995, Municipal Income	69583
Tax, shall be used to make payments to municipal corporations	69584
under section 5745.05 of the Revised Code. If it is determined	69585
that additional appropriations are necessary to make these	69586
payments, such amounts are hereby appropriated.	69587

TAX REFUNDS

69588

The foregoing appropriation item 110-635, Tax Refunds, shall	69589
be used to pay refunds under section 5703.052 of the Revised Code.	69590
If it is determined that additional appropriations are necessary	69591
for this purpose, such amounts are hereby appropriated.	69592

INTERNATIONAL REGISTRATION PLAN AUDIT

69593

The foregoing appropriation item 110-616, International	69594
Registration Plan, shall be used under section 5703.12 of the	69595
Revised Code for audits of persons with vehicles registered under	69596
the International Registration Plan.	69597

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

69598

Of the foregoing appropriation item 110-607, Local Tax	69599
Administration, the Tax Commissioner may disburse funds, if	69600
available, for the purposes of paying travel expenses incurred by	69601
members of Ohio's delegation to the Streamlined Sales Tax Project,	69602
as appointed under section 5740.02 of the Revised Code. Any travel	69603
expense reimbursement paid for by the Department of Taxation shall	69604
be done in accordance with applicable state laws and guidelines.	69605

LITTER CONTROL TAX ADMINISTRATION FUND

69606

Notwithstanding section 5733.12 of the Revised Code, during	69607
the period from July 1, 2007, to June 30, 2008, the amount of	69608
$675,000, and during the period from July 1, 2008, to June 30,	69609
2009, the amount of $800,000, received by the Tax Commissioner	69610
under Chapter 5733. of the Revised Code, shall be credited to the	69611
Litter Control Tax Administration Fund (Fund 437).	69612

CENTRALIZED TAX FILING AND PAYMENT FUND

69613

The Director of Budget and Management, under a plan submitted	69614
by the Tax Commissioner, or as otherwise determined by the	69615
Director of Budget and Management, shall set a schedule to	69616
transfer cash from the General Revenue Fund to the credit of the	69617
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	69618
of cash shall not exceed $600,000 in the biennium.	69619

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

69620

The foregoing appropriation item 110-629, Commercial Activity	69621
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	69622
incurred by the Department of Taxation to implement and administer	69623
the Commercial Activity Tax under Chapter 5751. of the Revised	69624
Code.	69625

Notwithstanding section 3734.9010, division (B)(2)(c) of	69626
section 4505.09, division (B) of section 5703.12, section 5703.80,	69627
division (C)(6) of section 5727.81, sections 5733.122 and	69628
5735.053, division (C) of section 5739.21, section 5745.03,	69629
section 5743.024, section 5743.15, division (C) of section	69630
5747.03, and section 5747.113 of the Revised Code or any other	69631
provisions to the contrary, any residual cash balances determined	69632
and certified by the Tax Commissioner to the Director of Budget	69633
and Management shall be transferred on July 1, 2007, or as soon as	69634
possible thereafter, to the Commercial Activities Tax	69635
Administration Fund (Fund 5BQ).	69636

TOBACCO SETTLEMENT ENFORCEMENT

69637

The foregoing appropriation item 110-404, Tobacco Settlement	69638
Enforcement, shall be used by the Tax Commissioner to pay costs	69639
incurred in the enforcement of divisions (F) and (G) of section	69640
5743.03 of the Revised Code.	69641

Section 407.10. DOT DEPARTMENT OF TRANSPORTATION

69642

Transportation Modes

69643

General Revenue Fund

69644

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	69645
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	69646
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	69647
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	69648
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	69649
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	69650

PUBLIC TRANSPORTATION - STATE

69651

Of the foregoing GRF appropriation item 775-451, Public	69652
Transportation - State, $200,000 in fiscal year 2008 shall be used	69653
for the Cleveland Metropolitan Park District West Creek Project.	69654

TRANSPORTATION STUDY

69655

Of the foregoing appropriation item 775-451, Public	69656
Transportation-State, $50,000 in fiscal year 2008 shall be used	69657
for a Franklin County school transportation study to determine the	69658
feasibility of a countywide pupil transportation system.	69659

AIRPORT IMPROVEMENTS

69660

Of the foregoing appropriation item 777-471, Airport	69661
Improvements - State, $1,500,000 in fiscal year 2008 shall be used	69662
for air travel and support and economic development of statewide	69663
airports. The Directors of Development and Transportation may	69664
enter into one or more interagency agreements between their two	69665
departments as necessary to implement a statewide strategy to	69666
enhance Ohio's airports as centers of regional economic	69667
development.	69668

Of the foregoing appropriation item 777-471, Airport	69669
Improvements-State, $1,500,000 in fiscal year 2008 shall be used	69670
for Cleveland Hopkins Airport projects to support increased	69671
service and expand the existing hub, as defined in 49 U.S.C.	69672
40102, Infrastructure.	69673

Section 409.10. TOS TREASURER OF STATE

69674

General Revenue Fund

69675

GRF	090-321	Operating Expenses	$	9,313,195	$	9,313,195	69676
GRF	090-401	Office of the Sinking	$	537,223	$	537,223	69677
		Fund					69678
GRF	090-402	Continuing Education	$	448,843	$	448,843	69679
GRF	090-524	Police and Fire	$	14,000	$	12,000	69680
		Disability Pension Fund					69681
GRF	090-534	Police & Fire Ad Hoc Cost	$	140,000	$	130,000	69682
		of Living					69683
GRF	090-554	Police and Fire Survivor	$	910,000	$	865,000	69684
		Benefits					69685
GRF	090-575	Police and Fire Death	$	20,000,000	$	20,000,000	69686
		Benefits					69687
TOTAL GRF General Revenue Fund			$	31,363,261	$	31,306,261	69688

General Services Fund Group

69689

4E9	090-603	Securities Lending Income	$	3,164,000	$	3,314,000	69690
577	090-605	Investment Pool	$	550,000	$	550,000	69691
		Reimbursement					69692
605	090-609	Treasurer of State	$	350,000	$	350,000	69693
		Administrative Fund					69694
TOTAL GSF General Services							69695
Fund Group			$	4,064,000	$	4,214,000	69696

State Special Revenue Fund Group

69697

5C5	090-602	County Treasurer Education	$	135,000	$	135,000	69698
TOTAL SSR State Special Revenue							69699
Fund Group			$	135,000	$	135,000	69700

Agency Fund Group

69701

425	090-635	Tax Refunds	$	31,000,000	$	31,000,000	69702
TOTAL Agency Fund Group			$	31,000,000	$	31,000,000	69703
TOTAL ALL BUDGET FUND GROUPS			$	66,562,261	$	66,655,261	69704

Section 409.10.10. OFFICE OF THE SINKING FUND

69706

The foregoing appropriation item 090-401, Office of the	69707
Sinking Fund, shall be used for financing and other costs incurred	69708
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	69709
Public Facilities Commission or its secretary, or the Treasurer of	69710
State, with respect to State of Ohio general obligation bonds or	69711
notes, including, but not limited to, printing, advertising,	69712
delivery, rating fees and the procurement of ratings, professional	69713
publications, membership in professional organizations, and	69714
services referred to in division (D) of section 151.01 of the	69715
Revised Code. The General Revenue Fund shall be reimbursed for	69716
such costs by intrastate transfer voucher pursuant to a	69717
certification by the Office of the Sinking Fund of the actual	69718
amounts used. The amounts necessary to make such reimbursements	69719
are appropriated from the general obligation bond retirement funds	69720
created by the Constitution and laws to the extent such costs are	69721
incurred.	69722

POLICE AND FIRE DEATH BENEFIT FUND

69723

The foregoing appropriation item 090-575, Police and Fire	69724
Death Benefits, shall be disbursed quarterly by the Treasurer of	69725
State at the beginning of each quarter of each fiscal year to the	69726
Board of Trustees of the Ohio Police and Fire Pension Fund. The	69727
Treasurer of State shall certify such amounts quarterly to the	69728
Director of Budget and Management. By the twentieth day of June of	69729
each fiscal year, the Board of Trustees of the Ohio Police and	69730
Fire Pension Fund shall certify to the Treasurer of State the	69731
amount disbursed in the current fiscal year to make the payments	69732
required by section 742.63 of the Revised Code and shall return to	69733
the Treasurer of State moneys received from this appropriation	69734
item but not disbursed.	69735

TAX REFUNDS

69736

The foregoing appropriation item 090-635, Tax Refunds, shall	69737
be used to pay refunds under section 5703.052 of the Revised Code.	69738
If the Director of Budget and Management determines that	69739
additional amounts are necessary for this purpose, such amounts	69740
are hereby appropriated.	69741

Section 411.10. TTA OHIO TUITION TRUST AUTHORITY

69742

State Special Revenue Fund Group

69743

5AM	095-603	Index Savings Plan	$	2,376,852	$	2,425,777	69744
5DC	095-604	Banking Products	$	1,631,283	$	1,648,123	69745
5P3	095-602	Variable College Savings Fund	$	2,031,354	$	2,063,596	69746
645	095-601	Operating Expenses	$	872,086	$	881,169	69747
TOTAL SSR State Special Revenue							69748
Fund Group			$	6,911,575	$	7,018,665	69749
TOTAL ALL BUDGET FUND GROUPS			$	6,911,575	$	7,018,665	69750

Section 413.10. OVH OHIO VETERANS' HOME

69752

General Revenue Fund

69753

GRF	430-100	Personal Services	$	23,085,261	$	24,403,903	69754
GRF	430-200	Maintenance	$	7,835,544	$	8,458,613	69755
GRF	430-402	Hall of Fame	$	125,000	$	125,000	69756
TOTAL GRF General Revenue Fund			$	31,045,805	$	32,987,516	69757

General Services Fund Group

69758

484	430-603		Veterans Home Services		$	375,880		$	375,880		69759
TOTAL GSF General Services Fund Group					$	375,880		$	375,880		69760

Federal Special Revenue Fund Group

69761

3BX	430-609	Medicare Services	$	1,446,807		1,446,807	69762
3L2	430-601	Veterans Home Operations - Federal	$	15,290,320	$	15,410,471	69763
TOTAL FED Federal Special Revenue							69764
Fund Group			$	16,737,127	$	16,857,278	69765

State Special Revenue Fund Group

69766

4E2	430-602	Veterans Home Operating	$	8,530,800	$	8,530,800	69767
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	69768
TOTAL SSR State Special Revenue							69769
Fund Group			$	9,300,896	$	9,300,896	69770
TOTAL ALL BUDGET FUND GROUPS			$	57,459,708	$	59,521,570	69771

CORNERSTONE OF HOPE

69772

Of the foregoing appropriation item 430-100, Personal	69773
Services, $100,000 in each fiscal year shall be distributed to	69774
Cornerstone of Hope to be used to provide professional counseling	69775
services for individuals who have recently lost family members who	69776
were service men and service women in the United States Armed	69777
Forces.	69778

Section 415.10. VET VETERANS' ORGANIZATIONS

69779

General Revenue Fund

69780

VAP AMERICAN EX-PRISONERS OF WAR

69781

GRF

743-501

State Support

27,533

69782

VAN ARMY AND NAVY UNION, USA, INC.

69783

GRF

746-501

State Support

60,513

69784

VKW KOREAN WAR VETERANS

69785

GRF

747-501

State Support

54,398

69786

VJW JEWISH WAR VETERANS

69787

GRF

748-501

State Support

32,687

69788

VCW CATHOLIC WAR VETERANS

69789

GRF

749-501

State Support

63,789

69790

VPH MILITARY ORDER OF THE PURPLE HEART

69791

GRF

750-501

State Support

62,015

69792

VVV VIETNAM VETERANS OF AMERICA

69793

GRF

751-501

State Support

204,549

69794

VAL AMERICAN LEGION OF OHIO

69795

GRF

752-501

State Support

332,561

69796

VII AMVETS

69797

GRF

753-501

State Support

316,711

69798

VAV DISABLED AMERICAN VETERANS

69799

GRF

754-501

State Support

237,939

69800

VMC MARINE CORPS LEAGUE

69801

GRF

756-501

State Support

127,569

69802

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

69803

GRF

757-501

State Support

6,541

69804

VFW VETERANS OF FOREIGN WARS

69805

GRF

758-501

State Support

271,277

69806

TOTAL GRF General Revenue Fund					$	1,798,082		$	1,798,082		69807
TOTAL ALL BUDGET FUND GROUPS					$	1,798,082		$	1,798,082		69808

RELEASE OF FUNDS

69809

The foregoing appropriation items 743-501, 746-501, 747-501,	69810
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	69811
756-501, 757-501, and 758-501, State Support, shall be released	69812
upon approval by the Director of Budget and Management.	69813

CENTRAL OHIO UNITED SERVICES ORGANIZATION

69814

Of the foregoing appropriation item 751-501, State Support,	69815
Vietnam Veterans of America, $50,000 in each fiscal year shall be	69816
used to support the activities of the Central Ohio USO.	69817

VAL AMERICAN LEGION OF OHIO

69818

Of the foregoing appropriation item 752-501, State Support,	69819
VAL American Legion, at least $50,000 in each fiscal year shall be	69820
used to fund service officer expenses.	69821

VETERANS SERVICE COMMISSION EDUCATION

69822

Of the foregoing appropriation item 753-501, State Support,	69823
AMVETS, up to $20,000 in each fiscal year may be used to provide	69824
moneys to the Association of County Veterans Service Commissioners	69825
to reimburse its member county veterans service commissions for	69826
costs incurred in carrying out educational and outreach duties	69827
required under divisions (E) and (F) of section 5901.03 of the	69828
Revised Code. The Director of Budget and Management shall release	69829
these funds upon the presentation of an itemized receipt, approved	69830
by the Governor's Office of Veterans Affairs, from the association	69831
for reasonable and appropriate expenses incurred while performing	69832
these duties. The association shall establish uniform procedures	69833
for reimbursing member commissions.	69834

VII AMVETS

69835

Of the foregoing appropriation item 753-501, State Support,	69836
AMVETS, at least $50,000 shall be used in each fiscal year to fund	69837
service officer expenses.	69838

VAV DISABLED AMERICAN VETERANS

69839

Of the foregoing appropriation item 754-501, State Support,	69840
VAV Disabled American Veterans, at least $50,000 in each fiscal	69841
year shall be used to fund service officer expenses.	69842

VMC MARINE CORPS LEAGUE

69843

Of the foregoing appropriation item 756-501, State Support,	69844
VMC Marine Corps League, at least $30,000 in each fiscal year	69845
shall be used to fund service officer expenses.	69846

VFW VETERANS OF FOREIGN WARS

69847

Of the foregoing appropriation item 758-501, State Support,	69848
VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year	69849
shall be used to fund service officer expenses.	69850

Section 417.10. DVM STATE VETERINARY MEDICAL BOARD

69851

General Services Fund Group

69852

4K9	888-609	Operating Expenses	$	322,740	$	327,312	69853
5BU	888-602	Veterinary Student Loan Program	$	60,000	$	0	69854
TOTAL GSF General Services							69855
Fund Group			$	382,740	$	327,312	69856
TOTAL ALL BUDGET FUND GROUPS			$	382,740	$	327,312	69857

Section 419.10. DYS DEPARTMENT OF YOUTH SERVICES

69859

General Revenue Fund

69860

GRF	470-401	RECLAIM Ohio	$	186,338,297	$	190,599,131	69861
GRF	470-412	Lease Rental Payments	$	24,207,700	$	24,208,700	69862
GRF	470-510	Youth Services	$	18,558,587	$	18,558,587	69863
GRF	472-321	Parole Operations	$	15,356,904	$	15,764,729	69864
GRF	477-321	Administrative Operations	$	14,754,420	$	14,754,419	69865
TOTAL GRF General Revenue Fund			$	259,215,908	$	263,885,566	69866

General Services Fund Group

69867

175	470-613	Education Reimbursement	$	9,985,035	$	10,550,725	69868
4A2	470-602	Child Support	$	328,657	$	328,657	69869
4G6	470-605	General Operational Funds	$	49,713	$	50,955	69870
4G6	470-631	SCALE Program	$	100,000	$	100,000	69871
479	470-609	Employee Food Service	$	137,666	$	137,666	69872
5BN	470-629	E-Rate Program	$	200,000	$	200,000	69873
TOTAL GSF General Services							69874
Fund Group			$	10,801,071	$	11,368,003	69875

Federal Special Revenue Fund Group

69876

3BH	470-630	Federal Juvenile Programs FFY 06	$	100,000	$	50,000	69877
3BT	470-634	Federal Juvenile Programs	$	300,000	$	50,000	69878
3BY	470-635	Federal Juvenile Programs FFY 07	$	903,350	$	350,000	69879
3BZ	470-636	Federal Juvenile Programs FFY 08	$	0	$	653,350	69880
3V5	470-604	Juvenile Justice/Delinquency Prevention	$	2,750,000	$	2,750,000	69881
3Z9	470-626	Federal Juvenile Programs FFY 05	$	142,253	$	0	69882
321	470-601	Education	$	5,202,160	$	5,473,109	69883
321	470-603	Juvenile Justice Prevention	$	51,000	$	30,000	69884
321	470-606	Nutrition	$	2,908,369	$	2,981,078	69885
321	470-610	Rehabilitation Programs	$	36,000	$	36,000	69886
321	470-614	Title IV-E Reimbursements	$	6,162,670	$	6,316,737	69887
321	470-617	Americorps Programs	$	463,700	$	463,700	69888
321	470-633	Project Re-entry	$	1,017,843	$	1,017,843	69889
TOTAL FED Federal Special Revenue							69890
Fund Group			$	20,037,345	$	20,171,817	69891

State Special Revenue Fund Group

69892

147	470-612	Vocational Education	$	2,074,710	$	2,141,823	69893
5BH	470-628	Partnerships for Success	$	1,500,000	$	1,500,000	69894
TOTAL SSR State Special Revenue							69895
Fund Group			$	3,574,710	$	3,641,823	69896
TOTAL ALL BUDGET FUND GROUPS			$	293,629,034	$	299,067,209	69897

RECLAIM OHIO

69898

Of the foregoing appropriation item 470-401, RECLAIM Ohio,	69899
$25,000 in each fiscal year shall be distributed directly to the	69900
Lighthouse Youth Services Wrap-Around Program.	69901

OHIO BUILDING AUTHORITY LEASE PAYMENTS

69902

The foregoing appropriation item 470-412, Lease Rental	69903
Payments, in the Department of Youth Services, shall be used to	69904
meet all payments to the Ohio Building Authority for the period	69905
from July 1, 2007, to June 30, 2009, under the leases and	69906
agreements for facilities made under Chapter 152. of the Revised	69907
Code. This appropriation is the source of funds pledged for bond	69908
service charges on related obligations issued pursuant to Chapter	69909
152. of the Revised Code.	69910

EDUCATION REIMBURSEMENT

69911

The foregoing appropriation item 470-613, Education	69912
Reimbursement, shall be used to fund the operating expenses of	69913
providing educational services to youth supervised by the	69914
Department of Youth Services. Operating expenses include, but are	69915
not limited to, teachers' salaries, maintenance costs, and	69916
educational equipment. This appropriation item may be used for	69917
capital expenses related to the education program.	69918

EMPLOYEE FOOD SERVICE AND EQUIPMENT

69919

Notwithstanding section 125.14 of the Revised Code, the	69920
foregoing appropriation item 470-609, Employee Food Service, may	69921
be used to purchase any food operational items with funds received	69922
into the fund from reimbursement for state surplus property.	69923

Section 503.03. PERSONAL SERVICE EXPENSES

69924

Unless otherwise prohibited by law, any appropriation from	69925
which personal service expenses are paid shall bear the employer's	69926
share of public employees' retirement, workers' compensation,	69927
disabled workers' relief, and all group insurance programs; the	69928
costs of centralized accounting, centralized payroll processing,	69929
and related personnel reports and services; the cost of the Office	69930
of Collective Bargaining; the cost of the Employee Assistance	69931
Program; the cost of the affirmative action and equal employment	69932
opportunity programs administered by the Department of	69933
Administrative Services; the costs of interagency information	69934
management infrastructure; and the cost of administering the state	69935
employee merit system as required by section 124.07 of the Revised	69936
Code. These costs shall be determined in conformity with the	69937
appropriate sections of law and paid in accordance with procedures	69938
specified by the Office of Budget and Management. Expenditures	69939
from appropriation item 070-601, Public Audit Expense - Local	69940
Government, in Fund 422 may be exempted from the requirements of	69941
this section.	69942

Section 503.06. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	69943
AGAINST THE STATE	69944

Except as otherwise provided in this section, an	69945
appropriation in this act or any other act may be used for the	69946
purpose of satisfying judgments, settlements, or administrative	69947
awards ordered or approved by the Court of Claims or by any other	69948
court of competent jurisdiction in connection with civil actions	69949
against the state. This authorization does not apply to	69950
appropriations to be applied to or used for payment of guarantees	69951
by or on behalf of the state, or for payments under lease	69952
agreements relating to, or debt service on, bonds, notes, or other	69953
obligations of the state. Notwithstanding any other statute to the	69954
contrary, this authorization includes appropriations from funds	69955
into which proceeds of direct obligations of the state are	69956
deposited only to the extent that the judgment, settlement, or	69957
administrative award is for, or represents, capital costs for	69958
which the appropriation may otherwise be used and is consistent	69959
with the purpose for which any related obligations were issued or	69960
entered into. Nothing contained in this section is intended to	69961
subject the state to suit in any forum in which it is not	69962
otherwise subject to suit, and is not intended to waive or	69963
compromise any defense or right available to the state in any suit	69964
against it.	69965

Section 503.09. CAPITAL PROJECT SETTLEMENTS

69966

This section specifies an additional and supplemental	69967
procedure to provide for payments of judgments and settlements if	69968
the Director of Budget and Management determines, pursuant to	69969
division (C)(4) of section 2743.19 of the Revised Code, that	69970
sufficient unencumbered moneys do not exist in the particular	69971
appropriation to pay the amount of a final judgment rendered	69972
against the state or a state agency, including the settlement of a	69973
claim approved by a court, in an action upon and arising out of a	69974
contractual obligation for the construction or improvement of a	69975
capital facility if the costs under the contract were payable in	69976
whole or in part from a state capital projects appropriation. In	69977
such a case, the director may either proceed pursuant to division	69978
(C)(4) of section 2743.19 of the Revised Code or apply to the	69979
Controlling Board to increase an appropriation or create an	69980
appropriation out of any unencumbered moneys in the state treasury	69981
to the credit of the capital projects fund from which the initial	69982
state appropriation was made. The Controlling Board may approve or	69983
disapprove the application as submitted or modified. The amount of	69984
an increase in appropriation or new appropriation specified in an	69985
application approved by the Controlling Board is hereby	69986
appropriated from the applicable capital projects fund and made	69987
available for the payment of the judgment or settlement.	69988

If the director does not make the application authorized by	69989
this section or the Controlling Board disapproves the application,	69990
and the director does not make application under division (C)(4)	69991
of section 2743.19 of the Revised Code, the director shall for the	69992
purpose of making that payment make a request to the General	69993
Assembly as provided for in division (C)(5) of that section.	69994

Section 503.12. RE-ISSUANCE OF VOIDED WARRANTS

69995

In order to provide funds for the reissuance of voided	69996
warrants under section 117.47 of the Revised Code, there is hereby	69997
appropriated, out of moneys in the state treasury from the fund	69998
credited as provided in section 117.47 of the Revised Code, that	69999
amount sufficient to pay such warrants when approved by the Office	70000
of Budget and Management.	70001

Section 503.15. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	70002
BALANCES OF OPERATING APPROPRIATIONS	70003

Except for amounts of $50,000,000 or more that are encumbered	70004
from the General Revenue Fund for program subsidy payments, which	70005
the Director of Budget and Management must report to the	70006
Controlling Board, an unexpended balance of an operating	70007
appropriation or reappropriation that a state agency lawfully	70008
encumbered prior to the close of a fiscal year is reappropriated	70009
on the first day of July of the following fiscal year from the	70010
fund from which it was originally appropriated or reappropriated	70011
for the following period and shall remain available only for the	70012
purpose of discharging the encumbrance:	70013

(A) For an encumbrance for personal services, maintenance,	70014
equipment, or items for resale, other than an encumbrance for an	70015
item of special order manufacture not available on term contract	70016
or in the open market or for reclamation of land or oil and gas	70017
wells for a period of not more than five months from the end of	70018
the fiscal year;	70019

(B) For an encumbrance for an item of special order	70020
manufacture not available on term contract or in the open market,	70021
for a period of not more than five months from the end of the	70022
fiscal year or, with the written approval of the Director of	70023
Budget and Management, for a period of not more than twelve months	70024
from the end of the fiscal year;	70025

(C) For an encumbrance for reclamation of land or oil and gas	70026
wells, for a period ending when the encumbered appropriation is	70027
expended or for a period of two years, whichever is less;	70028

(D) For an encumbrance for any other expense, for such period	70029
as the director approves, provided such period does not exceed two	70030
years.	70031

Any operating appropriations for which unexpended balances	70032
are reappropriated beyond a five-month period from the end of the	70033
fiscal year by division (B) of this section shall be reported to	70034
the Controlling Board by the Director of Budget and Management by	70035
the thirty-first day of December of each year. The report on each	70036
such item shall include the item, the cost of the item, and the	70037
name of the vendor. The report shall be updated on a quarterly	70038
basis for encumbrances remaining open.	70039

Upon the expiration of the reappropriation period set out in	70040
divisions (A), (B), (C), or (D) of this section, a reappropriation	70041
made by this section lapses, and the Director of Budget and	70042
Management shall cancel the encumbrance of the unexpended	70043
reappropriation not later than the end of the weekend following	70044
the expiration of the reappropriation period.	70045

Notwithstanding the preceding paragraph, with the approval of	70046
the Director of Budget and Management, an unexpended balance of an	70047
encumbrance that was reappropriated on the first day of July by	70048
this section for a period specified in division (C) or (D) of this	70049
section and that remains encumbered at the close of the fiscal	70050
biennium is hereby reappropriated on the first day of July of the	70051
following fiscal biennium from the fund from which it was	70052
originally appropriated or reappropriated for the applicable	70053
period specified in division (C) or (D) of this section and shall	70054
remain available only for the purpose of discharging the	70055
encumbrance.	70056

The Director of Budget and Management may correct accounting	70057
errors committed by the staff of the Office of Budget and	70058
Management, such as re-establishing encumbrances or appropriations	70059
cancelled in error, during the cancellation of operating	70060
encumbrances in November and of nonoperating encumbrances in	70061
December.	70062

If the Controlling Board approved a purchase, that approval	70063
remains in effect so long as the appropriation used to make that	70064
purchase remains encumbered.	70065

Section 503.18. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	70066
RE-ESTABLISHMENT OF ENCUMBRANCES	70067

Any cash transferred by the Director of Budget and Management	70068
under section 126.15 of the Revised Code is hereby appropriated.	70069
Any amounts necessary to re-establish appropriations or	70070
encumbrances under section 126.15 of the Revised Code are hereby	70071
appropriated.	70072

Section 503.21. INCOME TAX DISTRIBUTION TO COUNTIES

70073

There are hereby appropriated out of any moneys in the state	70074
treasury to the credit of the General Revenue Fund, which are not	70075
otherwise appropriated, funds sufficient to make any payment	70076
required by division (B)(2) of section 5747.03 of the Revised	70077
Code.	70078

Section 503.24. EXPENDITURES AND APPROPRIATION INCREASES	70079
APPROVED BY THE CONTROLLING BOARD	70080

Any money that the Controlling Board approves for expenditure	70081
or any increase in appropriation authority that the Controlling	70082
Board approves under sections 127.14, 131.35, and 131.39 of the	70083
Revised Code or any other provision of law is hereby appropriated	70084
for the period ending June 30, 2009.	70085

Section 503.27. FUNDS RECEIVED FOR USE OF GOVERNOR'S	70086
RESIDENCE	70087

If the Governor's Residence Fund (Fund 4H2) receives payment	70088
for use of the residence pursuant to section 107.40 of the Revised	70089
Code, the amounts so received are hereby appropriated to	70090
appropriation item 100-604, Governor's Residence Gift.	70091

Section 506.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

70092

The maximum amounts that may be assessed against nuclear	70093
electric utilities under division (B)(2) of section 4937.05 of the	70094
Revised Code are as follows:	70095

		FY 2008	FY 2009	70096
Department of Agriculture				70097
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	70098
Department of Health				70099
	Fund 610 Radiation Emergency Response	$850,000	$850,000	70100
Environmental Protection Agency				70101
	Fund 644 ER Radiological Safety	$286,114	$286,114	70102
Emergency Management Agency				70103
	Fund 657 Utility Radiological Safety	$1,260,000	$1,260,000	70104

Section 512.01. TRANSFERS OF FISCAL YEAR 2007 GENERAL REVENUE	70105
FUND ENDING BALANCES	70106

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	70107
section 131.44 of the Revised Code, the Director of Budget and	70108
Management shall transfer on July 1, 2007, or as soon thereafter	70109
as possible, $100 million in cash from fiscal year 2007 surplus	70110
revenue to the General Revenue Fund (GRF).	70111

Section 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	70112
NON-GRF FUNDS	70113

Notwithstanding any other provision of law to the contrary,	70114
during fiscal years 2008 and 2009, the Director of Budget and	70115
Management is hereby authorized to transfer cash from non-General	70116
Revenue Fund funds that are not constitutionally restricted to the	70117
General Revenue Fund. The total amount of cash transfers made	70118
pursuant to this section to the General Revenue Fund during fiscal	70119
years 2008 and 2009 shall not exceed $70,000,000.	70120

Section 512.06. TRANSFERS TO THE GENERAL REVENUE FUND OF	70121
INTEREST EARNED	70122

Notwithstanding any provision of Ohio law to the contrary,	70123
the Director of Budget and Management, through June 30, 2009, may	70124
transfer interest earned by any fund in the Central Accounting	70125
System to the General Revenue Fund. Subsequent to the making of	70126
such transfers, the Director of Budget and Management shall	70127
provide a report to the Controlling Board at its next regularly	70128
scheduled meeting detailing the funds from which the interest	70129
earned was transferred to the General Revenue Fund and the amount	70130
of interest earnings transferred from each of those funds. This	70131
section does not apply to funds whose source of revenue is	70132
restricted or protected by the Constitution of this state, federal	70133
tax law, or the "Cash Management Improvement Act of 1990" 104	70134
Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.	70135

Section 512.07. CASH TRANSFERS FROM REPARATIONS FUND (Fund	70136
402) TO DISASTER PREPAREDNESS FUND (Fund 5EX)	70137

Notwithstanding any other provision of law to the contrary,	70138
on the first day of July in each of years 2007 and 2008, or as	70139
soon as practicable thereafter in each of those years, the	70140
Director of Budget and Management shall transfer $350,000 in cash	70141
from the Reparations Fund (Fund 402) to the Disaster Preparedness	70142
Fund (Fund 5EX).	70143

Section 512.09. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

70144

Not later than the first day of June in each year of the	70145
biennium, the Director of Budget and Management shall transfer	70146
$500,000 from the Corporate and Uniform Commercial Code Filing	70147
Fund to the General Revenue Fund.	70148

Section 512.21. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	70149
IMPLEMENTATION	70150

On July 1, 2007, or as soon thereafter as possible, the	70151
Director of Budget and Management shall transfer an amount not to	70152
exceed $2,200,725 in cash from the General Revenue Fund to Fund	70153
5N4, OAKS Project Implementation. On July 1, 2008, or as soon	70154
thereafter as possible, the Director of Budget and Management	70155
shall transfer an amount not to exceed $2,092,779 in cash from the	70156
General Revenue Fund to Fund 5N4, OAKS Project Implementation.	70157

Section 512.31. TEMPORARY TRANSFER TO THE OAKS SUPPORT	70158
ORGANIZATION FUND	70159

Notwithstanding any provision of law to the contrary, in	70160
fiscal year 2008, the Director of Budget and Management may	70161
transfer an amount not to exceed $1,000,000 in cash from the Human	70162
Resources Services Fund (Fund 125) to the OAKS Support	70163
Organization Fund (Fund 5EB). These amounts shall support the	70164
establishment of the OAKS Support Organization. Amounts	70165
transferred to the OAKS Support Organization Fund and interest	70166
earnings on these amounts transferred during fiscal year 2008	70167
shall be returned to the Human Resources Services Fund not later	70168
than January 1, 2008. Upon certification of the total amount	70169
transferred from Fund 125 to Fund 5EB, the Director of Budget and	70170
Management shall transfer cash in the amount certified from Fund	70171
5EB to Fund 125.	70172

Section 512.34. TRANSFER FROM EDUCATION FACILITIES ENDOWMENT	70173
FUND	70174

Notwithstanding division (G) of section 183.27 of the Revised	70175
Code, the Director of Budget and Management shall transfer	70176
$40,000,000 cash in fiscal year 2008 from the Education Facilities	70177
Endowment Fund (Fund P87) to the General Revenue Fund.	70178

Section 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT	70179
CAPITAL GRANT PROGRAMS	70180

On the first day of July of each fiscal year or as soon as	70181
possible thereafter, the Director of Budget and Management shall	70182
(1) transfer $9,817,105 in cash in fiscal year 2008 and	70183
$10,057,814 in cash in fiscal year 2009 from the Highway Operating	70184
Fund (Fund 002) to the Diesel Emissions Grant Fund established in	70185
section 122.861 of the Revised Code and (2) transfer $5,000,000 in	70186
each fiscal year from the Highway Operating Fund to the Transit	70187
Capital Fund (Fund 5E7). The amounts transferred are hereby	70188
appropriated.	70189

The transfer to the Diesel Emissions Grant Fund shall be used	70190
for the administration and oversight of the Diesel Emissions	70191
Reduction Grant Program within the Department of Development. In	70192
addition to the allowable expenditures set forth in section	70193
122.861 of the Revised Code, Diesel Emissions Reduction Grant	70194
Program funds also may be used to fund projects involving the	70195
purchase or use of hybrid and alternative fuel vehicles that are	70196
allowed under guidance developed by the Federal Highway	70197
Administration for the Congestion Mitigation and Air Quality	70198
(CMAQ) Program. The Director of Development, in consultation with	70199
the Director of Environmental Protection, shall develop guidance	70200
for distribution of the funds from the Diesel Emissions Grant	70201
Fund. The guidance shall include a method for prioritization of	70202
projects, acceptable technologies, and procedures for awarding	70203
grants and loans.	70204

The transfer to the Transit Capital Fund (Fund 5E7) shall be	70205
used to supplement the capital portion of the Ohio Public	70206
Transportation Grant Program within the Department of	70207
Transportation.	70208

These cash transfers represent CMAQ program moneys within the	70209
Department of Transportation for use by the Diesel Emissions	70210
Reduction Grant Program by the Department of Development and for	70211
use by the Ohio Public Transportation Grant Program by the Ohio	70212
Department of Transportation. These allocations shall not reduce	70213
the amount of such moneys designated for metropolitan planning	70214
organizations.	70215

Section 512.37. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND

70216

On July 1, 2007, and on July 1, 2008, or as soon thereafter	70217
as possible, the Director of Budget and Management may transfer	70218
cash from the funds specified below, in the amount specified	70219
below, to the Energy Strategy Development Fund, which is hereby	70220
created in the state treasury. The fund may accept contributions	70221
and transfers made to the fund. The funds shall be used to develop	70222
energy initiatives, projects, and policy.	70223

Agency	Fund	FY 2008	FY 2009	70224
Department of Administrative Services	117	$35,000	$35,000	70225
Department of Agriculture	3J4	$35,000	$35,000	70226
Department of Development	4H4	$32,447	$0	70227
Department of Development	135	$0	$35,000	70228
Environmental Protection Agency	219	$35,000	$35,000	70229
Department of Natural Resources	157	$35,000	$35,000	70230
Department of Transportation	002	$50,000	$50,000	70231

Section 512.38. CASH TRANSFER FROM AUTOMATED TITLE PROCESSING	70232
FUND TO TITLE DEFECT RESCISSION FUND	70233

Notwithstanding any other provision of law to the contrary,	70234
on July 1, 2007, or as soon as practicable thereafter, the	70235
Director of Budget and Management shall transfer $1,000,000 in	70236
cash from the Automated Title Processing Fund (Fund 849) to the	70237
Title Defect Rescission Fund (Fund 4Y7).	70238

Section 512.41. For purposes of sections 109.93, 111.18, and	70239
173.85 of the Revised Code, as amended by this act, the Director	70240
of Budget and Management, in collaboration with the Treasurer of	70241
State, may take any action necessary to establish funds in the	70242
state treasury that were previously held in the custody of the	70243
Treasurer of State, including, but not limited to, the transfer of	70244
cash from the custodial funds to the state treasury and the	70245
establishment of appropriations and encumbrances to support	70246
outstanding obligations. The amounts necessary to support	70247
outstanding obligations are hereby appropriated. Agencies may	70248
request additional appropriation authority, but it shall be	70249
subject to approval by the Controlling Board.	70250

Section 512.50. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE	70251
INTRA-STATE FUND	70252

On July 1, 2007, or as soon as possible thereafter, the	70253
Director of Budget and Management shall transfer $400,000 cash	70254
from the General Revenue Fund to the Public Audit Expense	70255
Intra-State Fund (Fund 109). The amounts transferred are hereby	70256
appropriated to help pay for expenses incurred in the Auditor of	70257
State's role relating to fiscal caution, fiscal watch, and fiscal	70258
emergency activities as defined in Chapter 3316. of the Revised	70259
Code and for performance audits for school districts in fiscal	70260
distress.	70261

Section 515.03. (A) Effective July 1, 2007, the State Chief	70262
Information Officer shall report to the Director of Budget and	70263
Management. All actions of the State Chief Information Officer	70264
thereafter shall be subject to the approval of the Director of	70265
Budget and Management. The State Chief Information Officer shall	70266
continue to perform all the duties, powers, and obligations of the	70267
State Chief Information Officer and the Office of Information	70268
Technology provided for by law. To allow for the administrative	70269
reorganization and program transfer, the operation of the Office	70270
of Information Technology shall remain within the Department of	70271
Administrative Services until July 1, 2008. Notwithstanding any	70272
section of the Revised Code, funds appropriated in this act to the	70273
Department of Administrative Services for the Office of	70274
Information Technology and the employees and assets of the Office	70275
of Information Technology in the Department shall be used by the	70276
Department as directed by the State Chief Information Officer for	70277
the continued operation of the Office of Information Technology.	70278
Effective July 1, 2008, the operations of the Office of	70279
Information Technology in the Department of Administrative	70280
Services cease.	70281

(B) Employees of the Office of Information Technology in the	70282
Department of Administrative Services shall be transferred to the	70283
Office of Budget and Management. The State Chief Information	70284
Officer and the Directors of Administrative Services and the	70285
Office of Budget and Management may identify employees of the	70286
Department of Administrative Services who provide administrative	70287
support to the Office of Information Technology and who shall be	70288
transferred to the Office of Budget and Management. Both of these	70289
transfers shall take effect on the first day of the first pay	70290
period for fiscal year 2009 and are subject to the lay-off	70291
provisions of sections 124.321 to 124.328 of the Revised Code.	70292

(C) Effective July 1, 2008, all funding, assets, and records	70293
of the Office of Information Technology in the Department of	70294
Administrative Services shall be transferred to the Office of	70295
Budget and Management.	70296

(D) Any matter commenced but not completed by the Office of	70297
Information Technology in the Department of Administrative	70298
Services on July 1, 2007, shall be completed by the Office of	70299
Information Technology in the Office of Budget and Management, as	70300
appropriate, in the same manner, and with the same effect, as if	70301
completed by the Office of Information Technology in the	70302
Department of Administrative Services. Any validation, cure,	70303
right, privilege, remedy, obligation, or liability of the Office	70304
of Information Technology is not lost or impaired by reason of the	70305
transfer and shall be administered by the State Chief Information	70306
Officer and Office of Information Technology in the Office of	70307
Budget and Management.	70308

(E) All rules, orders, policies, directives, and	70309
determinations of the State Chief Information Officer and the	70310
Office of Information Technology in the Department of	70311
Administrative Services continue in effect as rules, orders,	70312
policies, directives, and determinations of the State Chief	70313
Information Officer and the Office of Information Technology in	70314
the Office of Budget and Management until modified or rescinded by	70315
the Officer, Office, or the Director of Budget and Management. At	70316
the request of the State Chief Information Officer or the Director	70317
of Budget and Management, and if necessary to ensure the integrity	70318
of the numbering of the Administrative Code, the Director of the	70319
Legislative Service Commission shall renumber rules of the Office	70320
of Information Technology to reflect the transfer to the Office of	70321
Budget and Management.	70322

(F) Effective July 1, 2007, whenever the Department of	70323
Administrative Services, the Office of Information Technology, or	70324
the State Chief Information Officer is referred to in any law,	70325
contract, or other document in relation to statewide information	70326
technology, the reference shall be deemed to refer to the Office	70327
of Budget and Management or the Office of Information Technology	70328
in the Office of Budget and Management.	70329

(G) Effective July 1, 2007, any action or proceeding or	70330
adjudication that is related to the Office of Information	70331
Technology in the Department of Administrative Services and that	70332
is pending shall not be affected by the transfer and shall be	70333
prosecuted or defended in the name of the Director of Budget and	70334
Management or the Office of Budget and Management. In all such	70335
actions and proceedings the Director or the Office, upon	70336
application to the court or agency, shall be substituted as a	70337
party.	70338

(H) On and after July 1, 2007, notwithstanding any provision	70339
of law to the contrary, the Director of Budget and Management is	70340
authorized to take the actions described in this section with	70341
respect to budget changes made necessary by the transfer,	70342
including administrative reorganization, program transfers, the	70343
creation of new funds, and the consolidation of funds as	70344
authorized by this act. The Director may make any transfer of cash	70345
balances between funds. At the request of the Director of Budget	70346
and Management, the State Chief Information Officer shall certify	70347
to the Director an estimate of the amount of the cash balance to	70348
be transferred to the receiving fund. The Director may transfer	70349
the estimated amount when needed to make payments. Not more than	70350
thirty days after certifying the estimated amount, the State Chief	70351
Information Officer shall certify the final amount to the	70352
Director. The Director shall transfer the difference between any	70353
amount previously transferred and the certified final amount. The	70354
Director may cancel encumbrances or parts of encumbrances and	70355
re-establish encumbrances or parts of encumbrances as needed in	70356
the appropriate fund and appropriation item for the same purpose	70357
and to the same vendor. As determined by the Director, the	70358
appropriation authority necessary to re-establish those	70359
encumbrances in a different fund or appropriation item in or	70360
between the Office of Budget and Management and the Department of	70361
Administrative Services is hereby authorized. The Director shall	70362
reduce each year's appropriation balances by the amount of the	70363
encumbrances canceled in their respective funds and appropriation	70364
items. Any fiscal year 2007 unencumbered or unallocated	70365
appropriation balances may be transferred to the appropriate item	70366
to be used for the same purposes, as determined by the Director.	70367

Section 515.06. TRANSFER OF PRINTING SERVICES FROM THE OFFICE	70368
OF INFORMATION TECHNOLOGY	70369

Effective July 1, 2007, or the earliest date thereafter	70370
agreed to by the Director of Budget and Management and the	70371
Director of Administrative Services, the Office of Information	70372
Technology printing office currently located on Integrity Drive in	70373
Columbus shall become part of the Department of Administrative	70374
Services. The functions, assets, and liabilities, including, but	70375
not limited to, records, regardless of form or medium, leases, and	70376
contracts, of the printing office are transferred to the	70377
Department of Administrative Services. The Department of	70378
Administrative Services is thereupon and thereafter successor to,	70379
assumes the obligations of, and otherwise constitutes the	70380
continuation of the printing office. The functions of the printing	70381
office are thereupon and thereafter transferred to the Department	70382
of Administrative Services.	70383

Any business commenced but not completed by the printing	70384
office by the date of the transfer shall be completed by the	70385
Department of Administrative Services, in the same manner, and	70386
with the same effect, as if completed by the printing office. No	70387
validation, cure, right, privilege, remedy, obligation, or	70388
liability is lost or impaired by reason of the transfer and shall	70389
be administered by the Department of Administrative Services. All	70390
the printing office's rules, orders, and determinations continue	70391
in effect as rules, orders, and determinations of the Department	70392
of Administrative Services, until modified or rescinded by the	70393
Department of Administrative Services. If necessary to ensure the	70394
integrity of the Administrative Code rule numbering system, the	70395
Director of the Legislative Service Commission shall renumber the	70396
printing office's rules to reflect their transfer to the	70397
Department of Administrative Services.	70398

Employees of the Office of Information Technology designated	70399
as staff in the printing office shall be transferred to the	70400
Department of Administrative Services. Subject to the layoff	70401
provisions of sections 124.321 to 124.328 of the Revised Code, the	70402
layoff provisions of the contract between the state and all	70403
bargaining units affected, the employees transferred to the	70404
Department of Administrative Services retain their positions and	70405
all benefits accruing thereto.	70406

No judicial or administrative action or proceeding to which	70407
the printing office is a party that is pending on July 1, 2007, or	70408
such later date as may be established by the Director of the	70409
Office of Information Technology and the Director of	70410
Administrative Services, is affected by the transfer of functions.	70411
The action or proceeding shall be prosecuted or defended in the	70412
name of the Director of Administrative Services. On application to	70413
the court or agency, the Director of Administrative Services shall	70414
be substituted for the Director of the Office of Information	70415
Technology as a party to the action or proceeding.	70416

On and after July 1, 2007, notwithstanding any provision of	70417
law to the contrary, the Director of Budget and Management shall	70418
take the actions with respect to budget changes made necessary by	70419
the transfer, including administrative reorganization, program	70420
transfers, the creation of new funds, and the consolidation of	70421
funds as authorized by this section. The Director of Budget and	70422
Management may cancel encumbrances and re-establish encumbrances	70423
or parts of encumbrances as needed in fiscal year 2008 in the	70424
appropriate fund and appropriation item for the same purpose and	70425
for payment to the same vendor. The Director of Budget and	70426
Management as determined necessary, may re-establish encumbrances	70427
in fiscal year 2008 in a different fund or appropriation item in	70428
an agency or between agencies. The re-established encumbrances are	70429
hereby appropriated. The Director of Budget and Management shall	70430
reduce each year's appropriation balances by the amount of the	70431
encumbrance canceled in their respective funds and appropriation	70432
items.	70433

Not later than sixty days after the transfer of the printing	70434
office to the Department of Administrative Services, the Director	70435
of the Office of Information Technology shall certify to the	70436
Director of Budget and Management the amount of cash associated	70437
with printing services supported by Fund 133, IT Services Delivery	70438
Fund. Upon receipt of the certification, the Director of Budget	70439
and Management shall transfer cash from Fund 133, IT Services	70440
Delivery Fund, to Fund 210, State Printing Fund. This amount is	70441
hereby appropriated.	70442

Section 515.09. TRANSFER OF MAIL AND FULFILLMENT SERVICES	70443
FROM THE DEPARTMENT OF JOB AND FAMILY SERVICES	70444

Effective July 1, 2007, or the earliest date thereafter	70445
agreed to by the Director of Job and Family Services and the	70446
Director of Administrative Services, the Department of Job and	70447
Family Services mail and fulfillment office, currently located on	70448
Integrity Drive in Columbus shall become part of the Department of	70449
Administrative Services. The functions, assets, and liabilities,	70450
including, but not limited to, records, regardless of form or	70451
medium, leases, and contracts, of the mail and fulfillment office	70452
is transferred to the Department of Administrative Services. The	70453
Department of Administrative Services is thereupon and thereafter	70454
successor to, assumes the obligations of, and otherwise	70455
constitutes the continuation of the mail and fulfillment office.	70456
The functions of the mail and fulfillment office are thereupon and	70457
thereafter transferred to the Department of Administrative	70458
Services.	70459

Any business commenced but not completed by the mail and	70460
fulfillment office by the date of transfer shall be completed by	70461
the Department of Administrative Services, in the same manner, and	70462
with the same effect, as if completed by the mail and fulfillment	70463
office. No validation, cure, right, privilege, remedy, obligation,	70464
or liability is lost or impaired by reason of the transfer and	70465
shall be administered by the Department of Administrative	70466
Services. All of the mail and fulfillment office's rules, orders,	70467
and determinations continue in effect as rules, orders, and	70468
determinations of the Department of Administrative Services, until	70469
modified or rescinded by the Department of Administrative	70470
Services. If necessary to ensure the integrity of the	70471
Administrative Code rule numbering system, the Director of the	70472
Legislative Service Commission shall renumber the mail and	70473
fulfillment office's rules to reflect their transfer to the	70474
Department of Administrative Services.	70475

Employees of the Department of Job and Family Services	70476
designated as staff in the mail and fulfillment office shall be	70477
transferred to the Department of Administrative Services. Subject	70478
to the layoff provisions of sections 124.321 to 124.328 of the	70479
Revised Code, and to provisions of the contract between the state	70480
and all bargaining units affected, the employees transferred to	70481
the Department of Administrative Services retain their positions	70482
and all benefits accruing thereto.	70483

No judicial or administrative action or proceeding to which	70484
the mail and fulfillment office is a party that is pending on July	70485
1, 2007, or such later date as may be established by the Director	70486
of Job and Family Services and the Director of Administrative	70487
Services, is affected by the transfer of functions. The action or	70488
proceeding shall be prosecuted or defended in the name of the	70489
Director of Administrative Services. On application to the court	70490
or agency, the Director of Administrative Services shall be	70491
substituted for the Director of Job and Family Services as a party	70492
to the action or proceeding.	70493

On and after July 1, 2007, notwithstanding any provision of	70494
law to the contrary, the Director of Budget and Management shall	70495
take the actions with respect to budget changes made necessary by	70496
the transfer, including administrative reorganization, program	70497
transfers, the creation of new funds, and the consolidation of	70498
funds as authorized by this section. The Director of Budget and	70499
Management may cancel encumbrances and re-establish encumbrances	70500
or parts of encumbrances as needed in fiscal year 2008 in the	70501
appropriate fund and appropriation item for the same purpose and	70502
for payment to the same vendor. The Director of Budget and	70503
Management, as determined necessary, may re-establish encumbrances	70504
in fiscal year 2008 in a different fund or appropriation item in	70505
an agency or between agencies. The re-established encumbrances are	70506
hereby appropriated. The Director of Budget and Management shall	70507
reduce each year's appropriation balances by the amount of the	70508
encumbrance canceled in their respective funds and appropriation	70509
items.	70510

The Director of Job and Family Services and the Director of	70511
Administrative Services shall enter into an interagency agreement	70512
establishing terms and timetables for the implementation of this	70513
section. The interagency agreement shall include provisions for	70514
credits to the Department of Job and Family Services for prepaid	70515
postage, agreements for the credit, transfer, or reimbursement of	70516
funds to the Department of Job and Family Services to comply with	70517
terms and conditions applicable to federal funds expended by the	70518
department for the purchase, maintenance, and operation of	70519
equipment, agreements for ongoing operations in compliance with	70520
federal requirements applicable to Department of Job and Family	70521
Services programs that utilize the mail and fulfillment services,	70522
transfer of or sharing of lease agreements, and any other	70523
agreements that the Director of Job and Family Services and the	70524
Director of Administrative Services determine to be necessary for	70525
the successful implementation of this section.	70526

Not later than sixty days after the transfer of the mail and	70527
fulfillment office to the Department of Administrative Services,	70528
the Director of Job and Family Services shall certify to the	70529
Director of Budget and Management the amount of any unexpended	70530
balance of appropriations made to the department to support the	70531
office. Upon receipt of the certification, the Director of Budget	70532
and Management shall transfer the appropriations and cash to Fund	70533
210, State Printing Fund.	70534

Section 518.01. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	70535
AGREEMENT FUND TO THE GENERAL REVENUE FUND	70536

Notwithstanding any law to the contrary, on July 1, 2007, or	70537
as soon as possible thereafter, and before any other transfers	70538
from the Tobacco Master Settlement Agreement Fund (Fund 087) are	70539
made, the Director of Budget and Management shall transfer	70540
$9,984,248 to the General Revenue Fund from the Tobacco Master	70541
Settlement Agreement Fund (Fund 087).	70542

Section 518.02. EXCESS TOBACCO SECURITIZATION PROCEEDS

70543

Any proceeds from securitization of the Tobacco Master	70544
Settlement Agreement, after all expenses of the securitization	70545
have been accounted for, in excess of $5,000,000,000 shall be	70546
deposited in the Public School Building Fund (Fund 021)	70547
established in section 3318.15 of the Revised Code.	70548

Section 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	70549
SECURITIZATION	70550

(A) Notwithstanding any other provision of law to the	70551
contrary, the Director of Budget and Management, periodically on	70552
any date following the issuance of the tobacco obligations	70553
authorized in section 183.51 of the Revised Code and through June	70554
30, 2009, may:	70555

(1) Determine the amount of appropriation items 235-909,	70556
Higher Education General Obligation Debt Service, and 230-908,	70557
Common Schools General Obligation Debt Service, that are in excess	70558
of the amounts needed to pay all debt service and financing costs	70559
on those obligations payable from each of those items and transfer	70560
all or any portion of that excess appropriation to appropriation	70561
item 200-901, Property Tax Allocation-Education, or 110-901,	70562
Property Tax Allocation-Taxation, or both together as needed for	70563
the purposes of making the state's property tax relief payments to	70564
school districts and counties.	70565

(2) Determine the amount by which interest earnings credited	70566
to Fund 034, Higher Education Improvement Fund, and Fund 032,	70567
School Building Program Assistance Fund, from the investment of	70568
the net proceeds of those tobacco obligations exceed the amount	70569
needed to satisfy appropriations from those funds, transfer all or	70570
part of that excess cash balance to the General Revenue Fund, and	70571
increase appropriation item 200-901, Property Tax	70572
Allocation-Education, or 110-901, Property Tax	70573
Allocation-Taxation, or both together, by up to the amount of cash	70574
so transferred to the General Revenue Fund.	70575

(3) Determine the amount of capital appropriation in CAP-770,	70576
School Building Assistance Program, transfer cash to Fund 5E3,	70577
School Facilities Commission, an amount that is necessary to fully	70578
expend the amount of net proceeds deposited into Fund 032, School	70579
Building Program Assistance Fund, from the issuance of those	70580
tobacco obligations and increase the appropriations for CAP-770	70581
and appropriation item 230-644, Operating Expenses-School	70582
Facilities Commission, by the necessary amount.	70583

(4) Determine the amount of additional capital appropriations	70584
necessary to fully expend the amount of net proceeds deposited	70585
from the issuance of those tobacco obligations into Fund 034,	70586
Higher Education Improvement Fund.	70587

(5) Reduce the amount of authorization to issue and sell	70588
general obligations to pay the costs of capital facilities for a	70589
system of common schools throughout the state granted to the Ohio	70590
Public Facilities Commission by prior acts of the General Assembly	70591
to reflect the amount of net proceeds of those tobacco obligations	70592
deposited into Fund 034, Higher Education Improvement Fund, that	70593
are intended to replace general obligations for the purpose.	70594

(6) Reduce the amount of authorization to issue and sell	70595
general obligations to pay the costs of capital facilities for	70596
state-supported and state-assisted institutions of higher	70597
education granted to the Ohio Public Facilities Commission by	70598
prior acts of the General Assembly to reflect the amount of net	70599
proceeds of those tobacco obligations deposited into Fund 034,	70600
Higher Education Improvement Fund, that are intended to replace	70601
general obligations for the purpose.	70602

(B) Before the Office of Budget and Management transfers or	70603
increases or decreases any appropriations or authorizations	70604
described in division (A) of this section, the Office of Budget	70605
and Management shall seek Controlling Board approval.	70606

Section 518.06. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

70607

Certain appropriations are in this act for the purpose of	70608
paying debt service and financing costs on general obligation	70609
bonds or notes of the state issued pursuant to the Ohio	70610
Constitution and acts of the General Assembly. If it is determined	70611
that additional appropriations are necessary for this purpose,	70612
such amounts are hereby appropriated.	70613

Section 518.09. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	70614
OF STATE	70615

Certain appropriations are in this act for the purpose of	70616
making lease rental payments pursuant to leases and agreements	70617
relating to bonds or notes issued by the Ohio Building Authority	70618
or the Treasurer of State or, previously, by the Ohio Public	70619
Facilities Commission, pursuant to the Ohio Constitution and acts	70620
of the General Assembly. If it is determined that additional	70621
appropriations are necessary for this purpose, such amounts are	70622
hereby appropriated.	70623

Section 518.12. AUTHORIZATION FOR TREASURER OF STATE AND OBM	70624
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	70625

The Office of Budget and Management shall initiate and	70626
process disbursements from general obligation and lease rental	70627
payment appropriation items during the period from July 1, 2007,	70628
to June 30, 2009, relating to bonds or notes issued under Sections	70629
2i, 2k, 2l, 2m, 2n, 2o, 2p and 15 of Article VIII, Ohio	70630
Constitution, and Chapters 151. and 154. of the Revised Code.	70631
Disbursements shall be made upon certification by the Treasurer of	70632
State, Office of the Sinking Fund, of the dates and the amounts	70633
due on those dates.	70634

Section 521.03. STATE AND LOCAL REBATE AUTHORIZATION

70635

There is hereby appropriated, from those funds designated by	70636
or pursuant to the applicable proceedings authorizing the issuance	70637
of state obligations, amounts computed at the time to represent	70638
the portion of investment income to be rebated or amounts in lieu	70639
of or in addition to any rebate amount to be paid to the federal	70640
government in order to maintain the exclusion from gross income	70641
for federal income tax purposes of interest on those state	70642
obligations under section 148(f) of the Internal Revenue Code.	70643

Rebate payments shall be approved and vouchered by the Office	70644
of Budget and Management.	70645

Section 521.06. STATEWIDE INDIRECT COST RECOVERY

70646

Whenever the Director of Budget and Management determines	70647
that an appropriation made to a state agency from a fund of the	70648
state is insufficient to provide for the recovery of statewide	70649
indirect costs under section 126.12 of the Revised Code, the	70650
amount required for such purpose is hereby appropriated from the	70651
available receipts of such fund.	70652

Section 521.07. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	70653
INDIRECT COST ALLOCATION PLAN	70654

The total transfers made from the General Revenue Fund by the	70655
Director of Budget and Management under this section shall not	70656
exceed the amounts transferred into the General Revenue Fund under	70657
division (B) of section 126.12 of the Revised Code.	70658

The director of an agency may certify to the Director of	70659
Budget and Management the amount of expenses not allowed to be	70660
included in the Statewide Indirect Cost Allocation Plan under	70661
federal regulations, from any fund included in the Statewide	70662
Indirect Cost Allocation Plan, prepared as required by section	70663
126.12 of the Revised Code.	70664

Upon determining that no alternative source of funding is	70665
available to pay for such expenses, the Director of Budget and	70666
Management may transfer from the General Revenue Fund into the	70667
fund for which the certification is made, up to the amount of the	70668
certification. The director of the agency receiving such funds	70669
shall include, as part of the next budget submission prepared	70670
under section 126.02 of the Revised Code, a request for funding	70671
for such activities from an alternative source such that further	70672
federal disallowances would not be required.	70673

Section 521.09. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

70674

Notwithstanding any provision of law to the contrary, on or	70675
before the first day of September of each fiscal year, the	70676
Director of Budget and Management, in order to reduce the payment	70677
of adjustments to the federal government, as determined by the	70678
plan prepared under division (A) of section 126.12 of the Revised	70679
Code, may designate such funds as the director considers necessary	70680
to retain their own interest earnings.	70681

Section 521.12. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

70682

Pursuant to the plan for compliance with the Federal Cash	70683
Management Improvement Act required by section 131.36 of the	70684
Revised Code, the Director of Budget and Management may cancel and	70685
re-establish all or part of encumbrances in like amounts within	70686
the funds identified by the plan. The amounts necessary to	70687
re-establish all or part of encumbrances are hereby appropriated.	70688

* Section 603.05. That Sections 203.50, 209.10, 227.10, and	70689
555.08 of Am. Sub. H.B. 67 of the 127th General Assembly be	70690
amended to read as follows:	70691

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

70692

Of the foregoing appropriation item 772-421, Highway	70693
Construction - State, $5,000,000 shall be used in each fiscal year	70694
during the fiscal year 2008-2009 biennium by the Department of	70695
Transportation for the construction, reconstruction, or	70696
maintenance of public access roads, including support features, to	70697
and within state facilities owned or operated by the Department of	70698
Natural Resources.	70699

Notwithstanding section 5511.06 of the Revised Code, of the	70700
foregoing appropriation item 772-421, Highway Construction -	70701
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	70702
biennium shall be used by the Department of Transportation for the	70703
construction, reconstruction, or maintenance of park drives or	70704
park roads within the boundaries of metropolitan parks.	70705

Included in the foregoing appropriation item 772-421, Highway	70706
Construction - State, the department may perform related road work	70707
on behalf of the Ohio Expositions Commission at the state	70708
fairgrounds, including reconstruction or maintenance of public	70709
access roads and support features, to and within fairground	70710
facilities as requested by the commission and approved by the	70711
Director of Transportation.	70712

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

70713

Of the foregoing appropriation item 779-491,	70714
Administration-State, $4,000,000 in fiscal year 2008, shall be	70715
used by the Department of Transportation to make grants available	70716
for state highway improvements at public school entrances under	70717
the following conditions:	70718

(A) The school is receiving assistance from the Ohio School	70719
Facilities Commission for the renovation or construction of new	70720
school facilities.	70721

(B) The state highway improvements are to be made at	70722
entrances within school zones.	70723

Grant awards shall be limited to $500,000 per school	70724
district, and are contingent on local government officials or the	70725
participating school district, or both, matching 25 per cent of	70726
the improvement cost.	70727

LIQUIDATION OF UNFORESEEN LIABILITIES

70728

Any appropriation made to the Department of Transportation,	70729
Highway Operating Fund, not otherwise restricted by law, is	70730
available to liquidate unforeseen liabilities arising from	70731
contractual agreements of prior years when the prior year	70732
encumbrance is insufficient.	70733

Sec. 209.10. ENFORCEMENT

70734

State Highway Safety Fund Group

70735

036	764-033	Minor Capital Projects	$	1,250,000	$	1,250,000	70736
036	764-321	Operating Expense - Highway Patrol	$	253,967,276	$	267,539,597	70737
036	764-605	Motor Carrier Enforcement Expenses	$	3,061,817	$	3,340,468	70738
83C	764-630	Contraband, Forfeiture, Other	$	622,894	$	622,894	70739
83F	764-657	Law Enforcement Automated Data System	$	7,945,555	$	8,275,898	70740
83G	764-633	OMVI Enforcement/Education	$	650,000	$	650,000	70741
83J	764-693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	70742
83T	764-694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	70743
831	764-610	Patrol - Federal	$	2,455,484	$	2,455,484	70744
831	764-659	Transportation Enforcement - Federal	$	5,665,690	$	6,132,592	70745
831	769-631	Homeland Security - Federal	$	1,500,000	$	1,552,500	70746
837	764-602	Turnpike Policing	$	10,893,146	$	11,553,959	70747
838	764-606	Patrol Reimbursement	$	175,000	$	175,000	70748
840	764-607	State Fair Security	$	1,396,283	$	1,396,283	70749
840	764-617	Security and Investigations	$	6,231,916	$	6,155,385	70750
840	764-626	State Fairgrounds Police Force	$	788,375	$	788,375	70751
840	769-632	Homeland Security - Operating	$	1,913,276	$	1,989,807	70752
841	764-603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	70753
TOTAL HSF State Highway Safety							70754
Fund Group			$	301,977,111	$	317,338,641	70755

General Services Fund Group

70756

4S2	764-660	MARCS Maintenance	$	335,862		$	389,149		70757
TOTAL GSF General Services									70758
Fund Group				$	335,862		$	389,149		70759

TOTAL ALL BUDGET FUND GROUPS -											70760
Enforcement					$	302,312,973		$	317,727,790		70761

COLLECTIVE BARGAINING INCREASES

70762

Notwithstanding division (D) of section 127.14 and division	70763
(B) of section 131.35 of the Revised Code, except for the General	70764
Revenue Fund, the Controlling Board may, upon the request of	70765
either the Director of Budget and Management, or the Department of	70766
Public Safety with the approval of the Director of Budget and	70767
Management, increase appropriations for any fund, as necessary for	70768
the Department of Public Safety, to assist in paying the costs of	70769
increases in employee compensation that have occurred pursuant to	70770
collective bargaining agreements under Chapter 4117. of the	70771
Revised Code and, for exempt employees, under section 124.152 of	70772
the Revised Code.	70773

TRAFFIC SAFETY OPERATING FUND

70774

On July 1, 2007, or as soon thereafter as possible, the	70775
Director of Budget and Management shall transfer the cash balance	70776
in the Traffic Safety Operating Fund (Fund 5AY) to the Highway	70777
Safety Fund (Fund 036). The Director of Budget and Management	70778
shall cancel any existing encumbrances against appropriation item	70779
764-688, Traffic Safety Operating, and re-establish them against	70780
appropriation item 764-321, Operating Expense – Highway Patrol.	70781
The amounts of the re-established encumbrances are hereby	70782
appropriated. Upon completion of these transfers, the Traffic	70783
Safety Operating Fund (Fund 5AY) is hereby abolished.	70784

CASH TRANSFER TO THE STATE HIGHWAY SAFETY FUND

70785

Effective July 1, 2007, the Treasurer of State, prior to	70786
making any of the distributions listed in sections 5735.23,	70787
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	70788
at least the first $1,250,000 and up to $1,600,000 received each	70789
month to the credit of the State Highway Safety Fund (Fund 036)	70790
pursuant to a schedule determined by the Director of Budget and	70791
Management.	70792

Sec. 227.10. DEV DEPARTMENT OF DEVELOPMENT

70793

State Special Revenue Fund Group

70794

4W0	195-629	Roadwork Development	$	18,699,900	$	18,699,900	70795
TOTAL SSR State Special Revenue							70796
Fund Group			$	18,699,900	$	18,699,900	70797
TOTAL ALL BUDGET FUND GROUPS			$	18,699,900	$	18,699,900	70798

ROADWORK DEVELOPMENT FUND

70799

The Roadwork Development Fund shall be used for road	70800
improvements associated with economic development opportunities	70801
that will retain or attract businesses for Ohio. "Road	70802
improvements" are improvements to public roadway facilities	70803
located on, or serving or capable of serving, a project site.	70804

The Department of Transportation, under the direction of the	70805
Department of Development, shall provide these funds in accordance	70806
with all guidelines and requirements established for Department of	70807
Development appropriation item 195-412, Business Development,	70808
including Controlling Board review and approval as well as the	70809
requirements for usage of gas tax revenue prescribed in Section 5a	70810
of Article XII, Ohio Constitution. Should the Department of	70811
Development require the assistance of the Department of	70812
Transportation to bring a project to completion, the Department of	70813
Transportation shall use its authority under Title LV of the	70814
Revised Code to provide such assistance and enter into contracts	70815
on behalf of the Department of Development. In addition, these	70816
funds may be used in conjunction with appropriation item 195-412,	70817
Business Development, or any other state funds appropriated for	70818
infrastructure improvements.	70819

The Director of Budget and Management, pursuant to a plan	70820
submitted by the Department of Development or as otherwise	70821
determined by the Director of Budget and Management, shall set a	70822
cash transfer schedule to meet the cash needs of the Department of	70823
Development's Roadwork Development Fund (Fund 4W0), less any other	70824
available cash. The Director shall transfer to the Roadwork	70825
Development Fund from the Highway Operating Fund (Fund 002),	70826
established in section 5735.291 of the Revised Code, such amounts	70827
at such times as determined by the transfer schedule.	70828

Of the foregoing appropriation item 195-629, Roadwork	70829
Development, $1,000,000 over the fiscal year 2008-2009 biennium	70830
shall be used for improvements to the State Route 33 Avery	70831
Muirfield Interchange.	70832

TRANSPORTATION IMPROVEMENT DISTRICTS

70833

Notwithstanding section 5540.151 of the Revised Code, of the	70834
foregoing appropriation item 195-629, Roadwork Development,	70835
$250,000 in each fiscal year of the biennium shall be granted by	70836
the Director of Development to each of the transportation	70837
improvement districts of Butler, Clermont, Hamilton, Lorain,	70838
Medina, Montgomery, Muskingum, and Stark counties and to the	70839
Rossford Transportation Improvement District in Wood County. Any	70840
grant made under this paragraph is not subject to the restrictions	70841
of appropriation item 195-629, Roadwork Development.	70842

Sec. 555.08. The Department of Transportation shall construct	70843
the major new construction projects selected by the Transportation	70844
Review Advisory Council on December 20, 2006, as Tier I projects	70845
for construction in fiscal years 2007 through 2013 and shall not	70846
undertake other major new construction projects until construction	70847
of such selected Tier I projects has commenced in accordance with	70848
the December 20, 2006, recommendations. However, nothing in this	70849
section shall require the Department of Transportation to	70850
undertake the major new Tier I construction projects selected by	70851
the Transportation Review Advisory Council on December 20, 2006,	70852
ahead of projects selected as Tier I projects prior to that date;	70853
the Department may continue with such previously selected Tier I	70854
projects in accordance with the prior recommendations. The	70855
Transportation Review Advisory Council may recommend additional	70856
major new projects in accordance with the policies promulgated by	70857
the Council, but new Tier I projects shall not be given priority	70858
over Tier I projects recommended on December 20, 2006.	70859

* Section 603.06. That existing Sections 203.50, 209.10,	70860
227.10, and 555.08 of Am. Sub. H.B. 67 of the 127th General	70861
Assembly are hereby repealed.	70862

Section 605.05. That Section 252.70 of Am. Sub. H.B. 530 of	70863
the 126th General Assembly be amended to read as follows:	70864

Reappropriations

Sec. 252.70. OSU OHIO STATE UNIVERSITY

70865

CAP-074	Basic Renovations	$	19,255,664	70866
CAP-149	Basic Renovations - Regional Campuses	$	2,083,163	70867
CAP-198	Brown Hall Annex Replacement	$	6,213	70868
CAP-254	Basic Renovations - ATI	$	127,444	70869
CAP-255	Supplemental Renovations - OARDC	$	2,826,343	70870
CAP-256	Supplemental Renovations - Regional	$	191,955	70871
CAP-258	Dreese Lab Addition	$	12,340	70872
CAP-261	Bioscience/Parks Hall Addition	$	12,584	70873
CAP-269	Greenhouse Modernization	$	40,982	70874
CAP-271	Horticulture/Entomology Greenhouse - OARDC	$	15,344	70875
CAP-292	Life Sciences Research Building	$	202,898	70876
CAP-302	Food Science & Technology Building	$	89,990	70877
CAP-306	Heart & Lung Institute	$	32,437	70878
CAP-311	Superconducting Radiation	$	65,094	70879
CAP-313	Brain Tumor Research Center	$	6,001	70880
CAP-314	Engineering Center Net Shape Manufacturing	$	20,730	70881
CAP-315	Membrane Protein Typology	$	8,835	70882
CAP-316	Instructional and Data Processing Equipment	$	198,844	70883
CAP-321	Fine Particle Technologies	$	157,936	70884
CAP-323	Advanced Plasma Engineering	$	22,379	70885
CAP-324	Plasma Ramparts	$	1,150	70886
CAP-326	IN-SITU AL-BE Composites	$	1,733	70887
CAP-335	Jay Cooke Residence - Roof and Windows	$	86,668	70888
CAP-347	Asbestos Abatement	$	5,325	70889
CAP-349	Materials Network	$	91,983	70890
CAP-350	Bio-Technology Consortium	$	42,378	70891
CAP-352	Analytical Electron Microscope	$	375,000	70892
CAP-353	High Temp Alloys & Alluminoids	$	220,000	70893
CAP-357	Supplemental Renovations - ATI	$	33,969	70894
CAP-361	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	70895
CAP-362	McPherson Lab Rehabilitation	$	10,278	70896
CAP-368	Heart and Lung Institute	$	101,808	70897
CAP-374	ADA Modifications	$	178,870	70898
CAP-375	ADA Modifications - ATI	$	41,936	70899
CAP-376	ADA Modifications - Lima	$	95,538	70900
CAP-377	ADA Modifications - Mansfield	$	15,253	70901
CAP-387	Titanium Alloys	$	54,912	70902
CAP-394	ATI/OARDC Roof Replacements	$	13,913	70903
CAP-398	Advanced Manufacturing	$	38,579	70904
CAP-399	Manufacturing Processes/Materials	$	62,574	70905
CAP-401	Terhertz Studies	$	35,294	70906
CAP-406	Marion Park/Road/Sidewalk/Lights	$	2,750	70907
CAP-413	Pomerene Lighting/Wiring	$	249,584	70908
CAP-419	NMR Consortium	$	75,116	70909
CAP-420	Versatile Film Facility	$	62,872	70910
CAP-421	OCARNET	$	5,916	70911
CAP-422	Bioprocessing Research	$	1,905	70912
CAP-423	Localized Corrosion Research	$	6,128	70913
CAP-424	ATM Testbed	$	3,633	70914
CAP-425	Physical Sciences Building	$	27,748	70915
CAP-427	Morrill Hall Remodeling - Vacated Library Space - Marion	$	1,347,191	70916
CAP-431	Sisson Hall Replacement	$	5,571	70917
CAP-436	Machinery Acoustics	$	3,804	70918
CAP-439	Sensors and Measurements	$	15,115	70919
CAP-440	Polymer Magnets	$	1,099	70920
CAP-458	A1 Alloy Corrosion	$	14,292	70921
CAP-484	Page Hall Planning	$	7,210	70922
CAP-485	Botany & Zoology Building Planning	$	207,932	70923
CAP-486	Larkins Hall Addition/Renovation Planning	$	26,206	70924
CAP-487	Robinson Laboratory Planning	$	149,100	70925
CAP-488	Don Scott Field Replacement Barns	$	1,495,619	70926
CAP-489	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	70927
CAP-491	Horticultural Operations Center - ATI	$	1,474,400	70928
CAP-492	OARDC Feed Mill	$	5,598,644	70929
CAP-499	Biological Sciences Cooling Tower	$	6,930	70930
CAP-509	Mount Hall HVAC Modifications	$	40,982	70931
CAP-519	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	70932
CAP-520	Plant and Microbe Functional Genomics Facilities	$	16,259	70933
CAP-523	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	193,886	70934
CAP-524	Bone & Mineral Metabolism Research Lab	$	5,845	70935
CAP-531	Animal & Plant Biology Level 3	$	8,133,780	70936
CAP-534	Main Library Rehabilitation	$	9,320,846	70937
CAP-535	Psychology Building	$	2,128,529	70938
CAP-536	Thorne Hall and Gowley Hall Renovations - Phase 3	$	199,799	70939
CAP-539	Nanosecond Infrared Measurement	$	2,588	70940
CAP-550	Millimeter/Submillimeter Instrument	$	5,919	70941
CAP-552	X-Ray Powder Diffractometer	$	558	70942
CAP-554	Deconvolution Microscope	$	1,101	70943
CAP-556	Heart/Lung Institute Animal Facility	$	13,140	70944
CAP-564	Denney Hall Renovation - Phase I	$	18,495	70945
CAP-565	Ion Mass Spectrometry	$	6,594	70946
CAP-568	Role of Molecular Interfaces	$	17,554	70947
CAP-572	New Millimeter Spectrometer	$	714	70948
CAP-574	Noncredit Job Training - Marion	$	2,933	70949
CAP-576	1224 Kinnear Road - Bale	$	11,722	70950
CAP-577	Non-Silicon Micromachining	$	73,991	70951
CAP-579	Veterinary Hospital Auditorium Renovation	$	7,736	70952
CAP-586	Electroscience Lab Renovation	$	5,853	70953
CAP-587	OARDC Boiler Replacement	$	622,757	70954
CAP-590	Supercomputer Center Expansion	$	6,804,275	70955
CAP-596	Information Literacy	$	135,574	70956
CAP-597	Online Business Major	$	5,768	70957
CAP-599	Renovation of Graves Hall	$	68,196	70958
CAP-602	OARDC Wooster Phone System Replacement	$	467,398	70959
CAP-605	Utility - North Tunnel Steamline Upgrade	$	111,981	70960
CAP-608	Dual Beam Characterization	$	150,000	70961
CAP-616	Environmental Technology Consortium	$	11,297	70962
CAP-617	Campbell, University, and Evans Hall	$	87,439	70963
CAP-620	School of Music - Planning	$	1,500	70964
CAP-622	Western Branch Headquarters & Machinery Building	$	779,525	70965
CAP-624	Muck Crops Branch/Shop Building Replacement	$	756,336	70966
CAP-625	Hazardous Waste Handling/Storage Building	$	1,103,062	70967
CAP-626	Agriculture/Engineering Building Renovation & Addition	$	200,000	70968
CAP-628	Wood County Center for Agriculture	$	1,000,000	70969
CAP-629	Community Heritage Art Gallery - Lima	$	100,000	70970
CAP-631	Health Psychology	$	250,000	70971
CAP-632	Nanotechnology Molecular Assembly	$	500,000	70972
CAP-633	Networking and Communication	$	500,000	70973
CAP-634	Planetary Gear	$	125,000	70974
CAP-635	X-Ray Fluorenscence Spectrometer	$	2,283	70975
CAP-636	Precision Navigation	$	85,000	70976
CAP-637	Welding & Metal Working	$	200,000	70977
CAP-638	Spin Driven Electronics	$	6,436	70978
CAP-639	Inductively Coupled Plasma Etching	$	126,729	70979
CAP-641	Accelerated Metals	$	1,020,331	70980
CAP-642	Mathematical Biosciences Institute	$	54,863	70981
CAP-646	Mershon Auditorium HVAC System Improvements	$	2,098	70982
CAP-647	Molecular Microdevices	$	14,033	70983
CAP-648	Research Center HVAC System Improvements	$	17,088	70984
CAP-649	Infrared Absorption Measurements	$	2,899	70985
CAP-650	Dark Fiber	$	3,983,440	70986
CAP-651	Shared Data Backup System	$	20,922	70987
CAP-653	Third Frontier Network Testbed	$	280,564	70988
CAP-654	Distributed Learning Workshop	$	270,000	70989
CAP-656	Accelerated Maturation of Materials	$	209,702	70990
CAP-657	Nanoscale Polymers Manufacturing	$	629,699	70991
CAP-658	Hydrogen Production and Storage	$	32,396	70992
CAP-659	Ohio Organic Semiconductor	$	367,587	70993
CAP-663	Comprehensive Cancer - Chiller Replacement	$	42,687	70994
CAP-664	Kottman Hall - 103 Central Classroom	$	19,285	70995
CAP-668	West Campus Chilled Water & Scott Hall	$	16,139	70996
CAP-669	McCracken Power Plant Spill Control	$	268,508	70997
CAP-670	Glacial Assessment	$	22,764	70998
CAP-672	Chemical Vapor Deposition	$	13,500	70999
CAP-674	Parks Hall Chiller Replacement	$	135,360	71000
CAP-675	Hybrid Electric Vehicle Modeling	$	504,536	71001
CAP-676	Computational Nanotechnology	$	500,000	71002
CAP-677	Townshend Hall - Roof Replacement	$	328,772	71003
CAP-678	Center For Materials Design	$	1,037	71004
CAP-681	Vet Hospital Roof Replacement Phase II	$	85,645	71005
CAP-682	Hopkins Hall Phase II Priorities I, II	$	108,052	71006
CAP-683	Bioscience 6th Floor Renovation - Priority	$	983,186	71007
CAP-684	Ohio Commons For Digital Education	$	118,924	71008
CAP-685	Postle Hall Fire Alarm Replacement	$	116,441	71009
CAP-686	NonCredit Job Education & Training	$	21,104	71010
CAP-687	Campus South Dorms Renovation/Improvements	$	950,000	71011
CAP-688	Bricker Hall Roof Replacement	$	23,123	71012
CAP-694	Neuroscience Center Core	$	193,991	71013
CAP-696	Campus Grounds-Exterior Lighting - Phase VIII	$	33,814	71014
CAP-697	930 Kinnear Road Renovations	$	773,303	71015
CAP-698	Waterman Lab & Don Scott Field	$	652,752	71016
CAP-699	Lincoln Tower Renovations - Phase 1	$	477,626	71017
CAP-700	Coe Corrosion Coop	$	58,750	71018
CAP-701	OSU Cancer Program Expansion	$	2,000,000	71019
CAP-702	Smith Laboratory Rehabilitation	$	2,800,000	71020
CAP-704	Warner Library and Student Center	$	1,789,324	71021
CAP-705	Hopewell Hall Science Suite	$	508,408	71022
CAP-706	Atomic Force Microscopy	$	180,000	71023
CAP-707	Interactive Applications	$	463,018	71024
CAP-712	OSU Mansfield - Third Street Project	$	234,000	71025
CAP-714	Health Psychology	$	150,000	71026
CAP-716	Ohio Bioproducts Innovation Center	$	9,689,847	71027
CAP-717	Center for Materials Design	$	602,615	71028
CAP-718	Specialized Planetary Gears	$	150,000	71029
CAP-719	OSU Agricultural Building	$	1,500,000	71030
CAP-720	Automated Afm System	$	180,000	71031
CAP-721	Integrated Wireless Communication	$	141,000	71032
Total Ohio State University		$	105,955,671	71033

BASIC RENOVATIONS

71034

The amount reappropriated for the foregoing appropriation	71035
item CAP-074, Basic Renovations, is the sum of the unencumbered	71036
and unallotted balance as of June 30, 2006, in appropriation item	71037
CAP-074, Basic Renovations, plus $6,927.	71038

OARDC THORNE & GOURLEY HALL

71039

The amount reappropriated for the foregoing appropriation	71040
item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007.	71041

WOOD COUNTY CENTER FOR AGRICULTURE

71042

Of the foregoing appropriation item CAP-628, Wood County	71043
Center for Agriculture, up to $300,000 shall be used for building	71044
renovations to the OSU Extension Office/Ag Business Enhancement	71045
Center.	71046

The remainder of appropriation item CAP-628, Wood County	71047
Center for Agriculture, shall be used for an alternative energy	71048
generation project at the East Gypsy Lane Complex in Wood County	71049
or an agricultural energy facility recommended by the Wood County	71050
commissioners.	71051

Section 605.06. That existing Section 252.70 of Am. Sub. H.B.	71052
530 of the 126th General Assembly is hereby repealed.	71053

Section 605.11. That Section 235.30 of Am. Sub. H.B. 530 of	71054
the 126th General Assembly, as amended by Sub. H.B. 251 of the	71055
126th General Assembly, be amended to read as follows:	71056

Reappropriations

Sec. 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

71057

CAP-809	Hazardous Substance Abatement	$	1,609,476	71058
CAP-811	Health/EPA Laboratory Facilities	$	1,116,354	71059
CAP-822	Americans with Disabilities Act	$	1,598,416	71060
CAP-826	Office Services Building Renovation	$	86,483	71061
CAP-827	Statewide Communications System	$	16,943,803	71062
CAP-834	Capital Project Management System	$	1,157,600	71063
CAP-835	Energy Conservation Projects	$	4,490,085	71064
CAP-837	Major Computer Purchases	$	1,476,068	71065
CAP-838	SOCC Renovations	$	1,399,122	71066
CAP-844	Hamilton State/Local Government Center - Planning	$	57,500	71067
CAP-849	Facility Planning and Development	$	3,492,200	71068
CAP-850	Education Building Renovations	$	14,649	71069
CAP-852	North High Building Complex Renovations	$	11,534,496	71070
CAP-855	Office Space Planning	$	5,274,502	71071
CAP-856	Governor's Residence Security Update	$	6,433	71072
CAP-859	eSecure Ohio	$	2,626,921	71073
CAP-860	Structured Cabling	$	403,518	71074
CAP-864	eGovernment Infrastructure	$	1,297,400	71075
CAP-865	DAS Building Security	$	140,852	71076
CAP-866	OH*1 Network	$	4,000,000	71077
CAP-867	Lausche Building Connector	$	1,307,200	71078
CAP-868	Riversouth Development	$	18,500,000	71079
Total Department of Administrative Services		$	78,533,078	71080

HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES

71081

The foregoing appropriation item CAP-809, Hazardous Substance	71082
Abatement, shall be used to fund the removal of asbestos, PCB,	71083
radon gas, and other contamination hazards from state facilities.	71084

Prior to the release of funds for asbestos abatement, the	71085
Department of Administrative Services shall review proposals from	71086
state agencies to use these funds for asbestos abatement projects	71087
based on criteria developed by the Department of Administrative	71088
Services. Upon a determination by the Department of Administrative	71089
Services that the requesting agency cannot fund the asbestos	71090
abatement project or other toxic materials removal through	71091
existing capital and operating appropriations, the Department may	71092
request the release of funds for such projects by the Controlling	71093
Board. State agencies intending to fund asbestos abatement or	71094
other toxic materials removal through existing capital and	71095
operating appropriations shall notify the Director of	71096
Administrative Services of the nature and scope prior to	71097
commencing the project.	71098

Only agencies that have received appropriations for capital	71099
projects from the Administrative Building Fund (Fund 026) are	71100
eligible to receive funding from this item. Public school	71101
districts are not eligible.	71102

IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT

71103

The foregoing appropriation item CAP-822, Americans with	71104
Disabilities Act, shall be used to renovate state-owned facilities	71105
to provide access for physically disabled persons in accordance	71106
with Title II of the Americans with Disabilities Act.	71107

Prior to the release of funds for renovation, state agencies	71108
shall perform self-evaluations of state-owned facilities	71109
identifying barriers to access to service. State agencies shall	71110
prioritize access barriers and develop a transition plan for the	71111
removal of these barriers. The Department of Administrative	71112
Services shall review proposals from state agencies to use these	71113
funds for Americans with Disabilities Act renovations.	71114

Only agencies that have received appropriations for capital	71115
projects from the Administrative Building Fund (Fund 026) are	71116
eligible to receive funding from this item. Public school	71117
districts are not eligible.	71118

MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM

71119

~~There is hereby continued a Multi-Agency Radio Communications~~	71120
~~System (MARCS) Steering Committee consisting of the designees of~~	71121
~~the Directors of the Office of Information Technology, Public~~	71122
~~Safety, Natural Resources, Transportation, Rehabilitation and~~	71123
~~Correction, and Budget and Management. The Director of the Office~~	71124
~~of Information Technology or the Director's designee shall chair~~	71125
~~the Committee. The Committee shall provide assistance to the~~	71126
~~Director of the Office of Information Technology for effective and~~	71127
~~efficient implementation of the MARCS system as well as develop~~	71128
~~policies for the ongoing management of the system. Upon dates~~	71129
~~prescribed by the Directors of the Office of Information~~	71130
~~Technology and Budget and Management, the MARCS Steering Committee~~	71131
~~shall report to the Directors on the progress of MARCS~~	71132
~~implementation and the development of policies related to the~~	71133
~~system.~~	71134

The foregoing appropriation item CAP-827, Statewide	71135
Communications System, shall be used to purchase or construct the	71136
components of MARCS that are not specific to any one agency. The	71137
equipment may include, but is not limited to, multi-agency	71138
equipment at the Emergency Operations Center/Joint Dispatch	71139
Facility, computer and telecommunication equipment used for the	71140
functioning and integration of the system, communications towers,	71141
tower sites, tower equipment, and linkages among towers and	71142
between towers and the State of Ohio Network for Integrated	71143
Communication (SONIC) system. The ~~Director of the Office of~~	71144
~~Information Technology~~State Chief Information Officer shall, with	71145
the concurrence of the MARCS Steering Committee, determine the	71146
specific use of funds.	71147

The amount reappropriated for the foregoing appropriation	71148
item CAP-827, Statewide Communications System, is the unencumbered	71149
and unallotted balance as of June 30, 2006, in appropriation item	71150
CAP-827, Statewide Communications System, plus $623,665.11.	71151

Spending from this appropriation item shall not be subject to	71152
Chapters 123. and 153. of the Revised Code.	71153

ENERGY CONSERVATION PROJECTS

71154

The foregoing appropriation item CAP-835, Energy Conservation	71155
Projects, shall be used to perform energy conservation	71156
renovations, including the United States Environmental Protection	71157
Agency's Energy Star Program, in state-owned facilities. Prior to	71158
the release of funds for renovation, state agencies shall have	71159
performed a comprehensive energy audit for each project. The	71160
Department of Administrative Services shall review and approve	71161
proposals from state agencies to use these funds for energy	71162
conservation. Public school districts and state-supported and	71163
state-assisted institutions of higher education are not eligible	71164
for funding from this item.	71165

The amount reappropriated for the foregoing appropriation	71166
item CAP-835, Energy Conservation Projects, is the unencumbered	71167
and unallotted balance as of June 30, 2006, in appropriation item	71168
CAP-835, Energy Conservation Projects, plus $3,600,000.	71169

NORTH HIGH BUILDING COMPLEX RENOVATIONS

71170

The amount reappropriated for the foregoing appropriation	71171
item CAP-852, North High Building Complex Renovations, is the	71172
unencumbered and unallotted balance as of June 30, 2006, in	71173
appropriation item CAP-852, North High Building Complex	71174
Renovations, plus the sum of the unencumbered and unallotted	71175
balance for appropriation item CAP-813, Heer Building Renovation	71176
as of June 30, 2006.	71177

Section 605.12. That existing Section 235.30 of Am. Sub. H.B.	71178
530 of the 126th General Assembly, as amended by Sub. H.B. 251 of	71179
the 126th General Assembly is hereby repealed.	71180

Section 605.17. That Section 329.10 of Am. Sub. H.B. 699 of	71181
the 126th General Assembly be amended to read as follows:	71182

Sec. 329.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

71183

The Ohio Administrative Knowledge System (OAKS) shall be an	71184
enterprise resource planning system that replaces the state's	71185
central services infrastructure systems, including the Central	71186
Accounting System, the Human Resources/Payroll System, the Capital	71187
Improvements Projects Tracking System, the Fixed Assets Management	71188
System, and the Procurement System. The ~~Department of~~	71189
~~Administrative Services, in conjunction with the Office of Budget~~	71190
~~and Management,~~Office of Information Technology may acquire the	71191
system, including, but not limited to, the enterprise resource	71192
planning software and installation and implementation thereof	71193
pursuant to Chapter 125. of the Revised Code. Any lease-purchase	71194
arrangement utilized under Chapter 125. of the Revised Code,	71195
including any fractionalized interest therein as defined in	71196
division (N) of section 133.01 of the Revised Code, shall provide	71197
at the end of the lease period that OAKS shall become the property	71198
of the state.	71199

Section 605.18. That existing Section 329.10 of Am. Sub. H.B.	71200
699 of the 126th General Assembly is hereby repealed.	71201

Section 605.23. That Section 203.20 of Sub. S.B. 321 of the	71202
126th General Assembly be amended to read as follows:	71203

Sec. 203.20. AGO ATTORNEY GENERAL

71204

Tobacco Master Settlement Agreement Fund Group

71205

J87	055-635	Law Enforcement Technology, Training, and Facility Enhancements	$	620,000		$	0 3,350,000	71206
U87	055-402	Tobacco Settlement Oversight, Administration, and Enforcement	$	673,797		$	723,797	71207
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,293,797		$	~~723,797~~ 4,073,797	71208
TOTAL ALL BUDGET FUND GROUPS			$	1,293,797		$	~~723,797~~	71209
			4,073,797		71210

Section 605.24. That existing Section 203.20 of Sub S.B. 321	71212
of the 126th General Assembly is hereby repealed.	71213

Section 621.05. That Section 153 of Am. Sub. H.B. 117 of the	71214
121st General Assembly, as most recently amended by Am. Sub. H.B.	71215
66 of the 126th General Assembly, be amended to read as follows:	71216

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	71217
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	71218
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	71219
repealed, effective October 16, ~~2007~~2009.	71220

(B) Any money remaining in the Legislative Budget Services	71221
Fund on October 16, ~~2007~~2009, the date that section 5112.19 of	71222
the Revised Code is repealed by division (A) of this section,	71223
shall be used solely for the purposes stated in then former	71224
section 5112.19 of the Revised Code. When all money in the	71225
Legislative Budget Services Fund has been spent after then former	71226
section 5112.19 of the Revised Code is repealed under division (A)	71227
of this section, the fund shall cease to exist.	71228

Section 621.06. That existing Section 153 of Am. Sub. H.B.	71229
117 of the 121st General Assembly, as most recently amended by Am.	71230
Sub. H.B. 66 of the 126th General Assembly, is hereby repealed.	71231

Section 631.04. That Section 3 of Am. Sub. H.B. 694 of the	71232
126th General Assembly is hereby repealed.	71233

Section 631.05. The amendments to sections 3517.13 and	71234
3517.992 of the Revised Code by Am. Sub. H.B. 694 of the 126th	71235
General Assembly shall apply only to contributions made on or	71236
after January 1, 2007.	71237

Section 703.10. The Governor's Office of Faith-Based and	71238
Community Initiatives, with the assistance of the Advisory Board	71239
of the Governor's Office of Faith-Based and Community Initiatives,	71240
shall conduct a study of the feasibility and advisability of the	71241
Office becoming a private nonprofit entity rather than a part of	71242
the Governor's office. The study and any resulting recommendations	71243
shall be submitted, not later than July 1, 2008, to the Governor,	71244
the Speaker of the House of Representatives, the President of the	71245
Senate, and the Minority Leaders of the House of Representatives	71246
and the Senate.	71247

Section 706.03. (A) As used in this section, "appointing	71248
authority" has the same meaning as in section 124.01 of the	71249
Revised Code, and "exempt employee" has the same meaning as in	71250
section 124.152 of the Revised Code.	71251

(B) Notwithstanding section 124.181 of the Revised Code, both	71252
of the following apply:	71253

(1) In cases where no vacancy exists, an appointing authority	71254
may, with the written consent of an exempt employee, assign duties	71255
of a higher classification to that exempt employee for a period of	71256
time not to exceed two years, and that exempt employee shall	71257
receive compensation at a rate commensurate with the duties of the	71258
higher classification.	71259

(2) If necessary, exempt employees who are assigned to duties	71260
within their agency to maintain operations during the Ohio	71261
Administrative Knowledge System (OAKS) implementation may agree to	71262
a temporary assignment that exceeds the two-year limit.	71263

Section 737.10. (A) Notwithstanding any provision of law to	71264
the contrary, the Public Health Council shall rescind rules	71265
adopted by the Council under section 3718.02 of the Revised Code,	71266
as it existed prior to its repeal by this act, that took effect on	71267
January 1, 2007. At the same time as those rules are rescinded,	71268
the Council shall adopt rules that are identical to the rules	71269
adopted by the Council that were in effect prior to January 1,	71270
2007, and were codified in Chapter 3701-29 of the Administrative	71271
Code.	71272

(B) The rescission and adoption of rules under division (A)	71273
of this section are not subject to section 119.03 of the Revised	71274
Code. However, the Public Health Council shall file the rules in	71275
accordance with section 119.04 of the Revised Code. Upon that	71276
filing, the rules take immediate effect.	71277

Section 739.10. Section 3905.36 of the Revised Code is	71278
amended by this act for the purpose of clarifying the intent of	71279
the 126th General Assembly when it amended division (B)(4) of	71280
section 3905.36 of the Revised Code. Notwithstanding any provision	71281
of section 3905.36 of the Revised Code to the contrary, all	71282
agencies and departments of the state or any political subdivision	71283
shall apply the legislative intent from this amendment as of	71284
January 1, 2007.	71285

Section 747.10. (A) There is hereby created the Nursing	71286
Education Study Committee consisting of the following members:	71287

(1) Two members of the House of Representatives who are	71288
members of the same political party as the Speaker of the House of	71289
Representatives, to be appointed by the Speaker of the House of	71290
Representatives;	71291

(2) One member of the House of Representatives who is a	71292
member of the largest political party of which the Speaker of the	71293
House of Representatives is not a member, to be appointed by the	71294
Speaker of the House of Representatives;	71295

(3) Two members of the Senate who are members of the same	71296
political party as the President of the Senate, to be appointed by	71297
the President of the Senate, one of whom shall be designated as	71298
the temporary chairperson of the Committee;	71299

(4) One member of the Senate who is a member of the largest	71300
political party of which the President of the Senate is not a	71301
member, to be appointed by the President of the Senate;	71302

(5) One member of the Ohio Nurses Association, to be	71303
appointed by the Ohio Nurses Association;	71304

(6) One member of the Licensed Practical Nurse Association of	71305
Ohio, to be appointed by the Licensed Practical Nurse Association	71306
of Ohio;	71307

(7) One member of the Ohio Board of Nursing, to be appointed	71308
by the Ohio Board of Nursing;	71309

(8) One member of the Ohio Board of Regents, to be appointed	71310
by the Ohio Board of Regents;	71311

(9) One member of the Ohio Hospital Association, to be	71312
appointed by the Ohio Hospital Association;	71313

(10) One member of the Ohio Association of Community Health	71314
Agencies, to be appointed by the Ohio Association of Community	71315
Health Agencies;	71316

(11) One nursing educator from an associate degree nursing	71317
program, to be appointed by the Speaker of the House of	71318
Representatives;	71319

(12) One nursing educator from a baccalaureate degree nursing	71320
program, to be appointed by the Speaker of the House of	71321
Representatives;	71322

(13) One nursing educator from a graduate degree nursing	71323
program, to be appointed by the Speaker of the House of	71324
Representatives;	71325

(14) One nursing educator from a private university with a	71326
nursing education program, to be appointed by the President of the	71327
Senate;	71328

(15) One nursing educator from a state university with a	71329
nursing education program, to be appointed by the President of the	71330
Senate.	71331

(B) Appointments to the Committee shall be made not later	71332
than September 1, 2007. Members of the Committee shall serve	71333
without compensation.	71334

(C) The member of the Committee designated as the temporary	71335
chairperson shall call the initial meeting of the Committee. At	71336
that initial meeting, the Committee shall elect a chairperson, by	71337
majority vote, from among its members. Thereafter, the chairperson	71338
shall call meetings as the chairperson considers necessary for the	71339
Committee to carry out its duties.	71340

(D)(1) The Committee shall study the current nurse faculty	71341
shortage and the shortage of clinical placement sites for nursing	71342
education programs, with a focus on the critical needs of nursing	71343
faculty at Ohio's institutions of higher education and	71344
alternatives to clinical placement sites.	71345

(2) In conducting the study required under division (D)(1) of	71346
this section, the Committee shall consider, but is not limited to,	71347
all of the following:	71348

(a) Salary disparities for nursing faculty members as	71349
compared to faculty members in other disciplines and as compared	71350
to salaries for master's degree-prepared nurses in health care	71351
settings;	71352

(b) The feasibility and financial implications of providing a	71353
refundable state income tax credit to nursing faculty members for	71354
a specified limited period of time;	71355

(c) The feasibility and financial implications of providing	71356
assistantships at a stipend level to nurses pursuing master's	71357
degrees doctoral study who agree to become nursing faculty members	71358
in Ohio;	71359

(d) The extent to which clinical simulation devices could be	71360
used to decrease the number of hours nursing students are required	71361
to spend providing care directly to patients in a clinical	71362
setting, including the portion of clinical hours that could be	71363
obtained in a clinical simulation laboratory;	71364

(e) The disparity in the number of clinical hours students	71365
are required to complete in Ohio nursing education programs;	71366

(f) The extent to which nursing education programs are	71367
adequately preparing nurses to provide care in community or public	71368
health settings, particularly to the geriatric population;	71369

(g) Ways in which nurses may be more effectively utilized to	71370
train or educate health care workers providing care in community	71371
or public health settings.	71372

(3) Not later than December 31, 2008, the Committee shall	71373
prepare and submit a report to the General Assembly that focuses	71374
on the following topics and also includes a recommendation for a	71375
range of clinical hours nursing students shall be required to	71376
complete to assure adequate practice experience:	71377

(a) Strategies to produce more nursing faculty;

71378

(b) Ways to address the issue of insufficient clinical	71379
placement opportunities.	71380

Upon submission of the report, the Committee shall cease to	71381
exist.	71382

(E) Sections 101.82 to 101.87 of the Revised Code do not	71383
apply to the Committee.	71384

Section 749.10. Consistent with divisions (A)(6) to (A)(8) of	71385
section 4927.02 of the Revised Code, the Public Utilities	71386
Commission shall establish a study mechanism to make	71387
recommendations for a competitively neutral telecommunications	71388
relay service funding program for costs incurred in calendar year	71389
2009 and thereafter and submit the recommendations to the General	71390
Assembly by January 1, 2009.	71391

Section 751.10. The director of job and family services and	71392
the director of development jointly shall prepare a plan to	71393
utilize the funds the state receives to administer the federal	71394
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801,	71395
as amended, to train workers within this state and jointly shall	71396
submit that plan to the Governor, the President of the Senate, and	71397
the Speaker of the House of Representatives within one year after	71398
the effective date of this section.	71399

Section 753.10. The duties of an owner of residential rental	71400
property to comply with and of a county auditor to accept	71401
compliance with sections 5323.01, 5323.02, 5323.03, 5323.04, and	71402
5323.99 of the Revised Code in a county are tolled until the board	71403
of county commissioners adopts a resolution under the first	71404
paragraph of section 5323.011 of the Revised Code.	71405

Section 753.20. (A) The staff of the Legislative Service	71406
Commission shall study the feasibility and potential results of	71407
the state's offering incentives for local entities, including	71408
municipal corporations, counties, townships, local historical	71409
societies, and regional authorities, to assume control of state	71410
historical sites. The incentives to be studied shall include the	71411
establishment of tax credits, the contribution of capital dollars,	71412
and the creation of an endowment-matching program.	71413

The study shall focus on the cost and funding aspects of the	71414
incentives that are studied. In addition, the study shall attempt	71415
to determine the potential results of providing each incentive at	71416
varying levels.	71417

(B) Not later than six months after the effective date of	71418
this section, the staff of the Commission shall report its	71419
findings to the Commission.	71420

Section 753.30. (A) The Governor is hereby authorized to	71421
execute a deed in the name of the state conveying to the City of	71422
Columbus, and its successors and assigns, all of the state's	71423
right, title, and interest in real estate consisting of	71424
approximately 13 acres in Franklin Township of Franklin County,	71425
being part of or near the former Training Institution Central	71426
Ohio, together with any perpetual easements of access over certain	71427
existing or future driveways, the real estate being more	71428
particularly described as follows:	71429

Situated in the State of Ohio, County of Franklin, City of	71430
Columbus, Township 5 North, Range 23 West and in the Virginia	71431
Military District. Being a part of the State of Ohio original	71432
300-acre tract of record in Deed Book 101, page 390 of the	71433
Recorder's Records, Franklin County, Ohio, and being more	71434
particularly described as follows:	71435

Beginning, For Reference, at an iron pin with identification	71436
cap stamped "Patridge" found marking the intersection of the	71437
easterly line of the Wheatland Avenue 40-feet-wide Right-of-Way	71438
and the Northerly line of West Broad Street 80-feet-wide	71439
Right-of-Way;	71440

thence North 5°12'48" West 2612.22 feet, in said easterly line of	71441
Wheatland Avenue and vacated Wheatland Avenue, to a 5/8-inch	71442
reinforcing rod found;	71443

thence South 75°43'06" East 188.42 feet, to an iron pipe set	71444
marking the Place of Beginning of the tract herein described;	71445

thence North 5°02'11" West 384.70 feet, to an iron pipe set;

71446

thence North 67°03'42" East 118.78 feet, to an iron pipe set;

71447

thence North 74°42'07" East 230.99 feet, to an iron pipe set;

71448

thence North 79°39'53" East 191.19 feet, to a 5/8-inch reinforcing	71449
rod found marking the most easterly corner of the Gang of Four,	71450
Ltd. 5.254-acre tract of record in Instrument Number	71451
199902040029850 of said Recorder's Records, in a northerly line of	71452
said 300-acre tract and a Point of Tangency in the original	71453
southerly line of the Camp Chase Industrial Railroad Corporation	71454
Tract of record in Official Record 28363 F03 of said Recorder's	71455
Records;	71456

thence North 86°38'37" East 383.75 feet, in a southerly line of	71457
said Camp Chase Railroad tract and in a northerly line of said	71458
300-acre tract, to an iron pipe set;	71459

thence South 04°38'21" West 694.64 feet, to an iron pipe set;

71460

thence South 75°43'06" East 174.01 feet, to an iron pipe set;

71461

thence North 89°32'10" East 521.90 feet, to an iron pipe set;

71462

thence South 85°04'20" East 161.72 feet, to an iron pipe set;

71463

thence South 14°52'48" East 63.77 feet, to a spike set;

71464

thence North 85°04'20" West 180.51 feet, to an iron pipe set;

71465

thence South 89°32'10" West 526.84 feet, to an iron pipe set;

71466

thence North 75°43'06" West 1005.86 feet, to the Place of	71467
Beginning containing 12.997 acres, more or less.	71468

This description is based on a field survey in April and May of	71469
2007 by Gary L. Elswick, Professional Surveyor #6395. Iron pipes	71470
set are ¾-inch ID galvanized pipe with identification cap stamped	71471
"HOCKADEN". Bearings are assumed and for the determination of	71472
angles only.	71473

This description may be modified to a final form if	71474
modifications are needed.	71475

(B)(1) Consideration for the conveyance of the real estate is	71476
the purchase price of $194,955.00.	71477

(2) The State may also require additional consideration for	71478
any perpetual easement needed by the City of Columbus to access	71479
the real estate. The consideration shall be a price mutually	71480
agreed upon between the City of Columbus and the state.	71481

(C)(1) The conveyance of the real estate is subject to the	71482
following conditions and restrictions:	71483

(a) The City of Columbus and its successors and assigns shall	71484
receive written approval from the state to use or develop the real	71485
estate for any purpose other than a police heliport or uses or	71486
developments incident thereto.	71487

(b) The City of Columbus shall, prior to selling, conveying,	71488
or transferring ownership of the real estate, first offer the	71489
state the right to purchase the real estate at a price not less	71490
than fair market value as appraised by a disinterested party.	71491

(2) The conveyance may be subject to conditions and	71492
restrictions that have been determined necessary by the Director	71493
of Administrative Services to assure there is no interference with	71494
state uses on state-owned real estate that adjoins the real estate	71495
conveyed.	71496

(D) Upon payment of the purchase price, the Auditor of State,	71497
with the assistance of the Attorney General, shall prepare a deed	71498
to the real estate. The deed shall state the consideration and the	71499
conditions and restrictions. The deed shall be executed by the	71500
Governor in the name of the state, shall be countersigned by the	71501
Secretary of State, shall be sealed with the Great Seal of the	71502
State, shall be presented for recording in the Office of the	71503
Auditor of State, and shall be delivered to the City of Columbus.	71504
The City of Columbus shall present the deed for recording in the	71505
Office of the Franklin County Recorder.	71506

(E) The City of Columbus shall pay the costs of the	71507
conveyance.	71508

(F) This section expires one year after its effective date.

71509

Section 753.40. (A) The Governor is hereby authorized to	71510
execute a deed in the name of the state conveying to the City of	71511
Celina the state's right of reverter retained in the conveyance	71512
authorized in Am. H.B. 823 of the 112th General Assembly in the	71513
following described real estate:	71514

Being a parcel of land situated in the City of Celina,	71515
Jefferson Township, Mercer County, Ohio, and in the northwest	71516
quarter of Section 6, Township 6 South, Range 3 East, being more	71517
particularly described as follows:	71518

Commencing at an iron pin with cap set at the most southern	71519
point of lot number 6 of Dickman's Addition (Plat Book 2, Page 3)	71520
in the City of Celina;	71521

thence N 68°42'59" W, 20.00 feet along the south line of said	71522
Dickman's Addition to an iron pin with cap set as the Point of	71523
Beginning;	71524

thence S 57°41'29" W, 210.06 feet to an iron pin with cap	71525
set;	71526

thence N 46°02'00" W, 214.80 feet to an iron pin with cap	71527
set;	71528

thence S 73°50'04" E, 102.64 feet along the south line of	71529
said Dickman's Addition to an iron pin with cap set;	71530

thence N 75°48'13" E, 132.78 feet along the south line of	71531
said Dickman's Addition to an iron pin with cap set;	71532

thence S 68°42'59" E, 112.51 feet along the south line of	71533
said Dickman's Addition to the Point of Beginning, containing	71534
0.535 acres of land more or less, subject to all valid easements	71535
and right-of-way.	71536

All bearings were calculated from angles turned in an actual	71537
field survey by Kent B. Marbaugh, Registered Surveyor #7421, dated	71538
April 16, 2007, on file in the County Engineer's Office.	71539

The state retains its right of reverter for the remainder of	71540
the real estate conveyed pursuant to that act.	71541

(B) Consideration for conveyance of the right of reverter is	71542
the mutual benefit accruing to the state and to the City of Celina	71543
from the reconfiguration of the entrance to the city park located	71544
on the real estate conveyed in Am. H.B. 823 of the 112th General	71545
Assembly.	71546

(C) The Auditor of State, with the assistance of the Attorney	71547
General, shall prepare a deed to the real estate conveying the	71548
right of reverter. The deed shall state the consideration. The	71549
deed shall be executed by the Governor in the name of the state,	71550
countersigned by the Secretary of State, sealed with the great	71551
seal of the state, presented in the office of the Auditor of State	71552
for recording, and delivered to the City of Celina. The City of	71553
Celina shall present the deed for recording in the office of the	71554
Mercer County Recorder.	71555

(D) This section expires four years after its effective date.

71556

* Section 755.03. The Director of Transportation may conduct a	71557
twelve-month pilot project to be completed not later than June 30,	71558
2009, for energy price risk management by entering into a contract	71559
with a qualified provider of energy risk management services. The	71560
contract may include rate analysis, negotiation services, market	71561
and regulatory analysis, budget and financial analysis, and	71562
mitigation strategies for volatile energy sources, including	71563
natural gas, gasoline, oil, and diesel fuel, but shall not include	71564
energy procurement and shall not subject more than thirty per cent	71565
of the Department's annual energy needs to the risk management	71566
services. The Director shall select the energy risk management	71567
services provider through a qualifications-based selection	71568
process, subject to Controlling Board approval. The contract shall	71569
specify that the Department may share the analysis and services of	71570
the energy risk management services provider with all state	71571
agencies and operations. The Director may use revenues from the	71572
state motor vehicle fuel tax or other funds appropriated by the	71573
General Assembly for the pilot project to pay amounts due under	71574
the contract and shall deposit any amounts received under the	71575
contract into the Highway Operating Fund created under section	71576
5735.291 of the Revised Code.	71577

Section 757.01. Every two years during biennial budget	71578
deliberations, the Tax Commissioner shall review the percentage of	71579
the total price of electricity that is indicated under division	71580
(C)(2) of section 5727.81 of the Revised Code, as amended by this	71581
act. Such review shall include a consideration of the fluctuations	71582
in the price of electricity that have occurred in the most recent	71583
two fiscal years and other factors influencing the economy of the	71584
state.	71585

Section 757.03. (A) Beginning in July 2007 and ending in	71586
November 2007, on or before the seventh day of each month, the Tax	71587
Commissioner shall determine and certify to the Director of Budget	71588
and Management the amount to be credited from each tax source	71589
under divisions (B), (C), and (D) of this section to the Local	71590
Government Fund, the Library and Local Government Support Fund,	71591
and the Local Government Revenue Assistance Fund.	71592

(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,	71593
5739.21, 5741.03, and 5747.03 of the Revised Code or any other	71594
provision of law to the contrary, for each month in the period	71595
beginning July 1, 2007, and ending November 30, 2007, tax revenues	71596
credited to the Local Government Fund, the Library and Local	71597
Government Support Fund, and the Local Government Revenue	71598
Assistance Fund under those sections shall instead be credited as	71599
follows:	71600

(1) An amount shall first be credited to the Local Government	71601
Fund as prescribed under division (C) of this section;	71602

(2) An amount shall next be credited to the Local Government	71603
Revenue Assistance Fund as prescribed under division (C) of this	71604
section;	71605

(3) An amount shall next be credited to the Library and Local	71606
Government Support Fund as prescribed under division (D) of this	71607
section.	71608

(C) Receipts from the corporation franchise, sales and use,	71609
public utility excise, kilowatt-hour, and personal income taxes	71610
shall be credited to the Local Government Fund and the Local	71611
Government Revenue Assistance Fund as follows:	71612

(1) In July 2007, the amount that was credited in July 2006;

71613

(2) In August 2007, the amount that was credited in August	71614
2006;	71615

(3) In September 2007, the amount that was credited in	71616
September 2006;	71617

(4) In October 2007, the amount that was credited in October	71618
2006;	71619

(5) In November 2007, the amount that was credited in	71620
November 2006.	71621

(D) Receipts from the personal income tax shall be credited	71622
to the Library and Local Government Support Fund as follows:	71623

(1) In July 2007, the amount that was credited in July 2006;

71624

(2) In August 2007, the amount that was credited in August	71625
2006;	71626

(3) In September 2007, the amount that was credited in	71627
September 2006;	71628

(4) In October 2007, the amount that was credited in October	71629
2006;	71630

(5) In November 2007, the amount that was credited in	71631
November 2006.	71632

(E)(1) To the extent the amounts required to be credited to	71633
the Local Government Fund, the Library and Local Government	71634
Support Fund, and the Local Government Revenue Assistance Fund	71635
under divisions (C) and (D) of this section exceed the amounts	71636
that otherwise would have been credited to those funds under	71637
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03	71638
of the Revised Code, amounts required to be credited to the	71639
General Revenue Fund under those sections shall be reduced	71640
accordingly.	71641

(2) To the extent the amounts required to be credited to the	71642
Local Government Fund, the Library and Local Government Support	71643
Fund, and the Local Government Revenue Assistance Fund under	71644
divisions (C) and (D) of this section are less than the amounts	71645
that otherwise would have been credited to those funds under	71646
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03	71647
of the Revised Code, amounts required to be credited to the	71648
General Revenue Fund under those sections shall be increased	71649
accordingly.	71650

(F) The total amount credited each month under this section	71651
to the Local Government Fund, the Library and Local Government	71652
Support Fund, and the Local Government Revenue Assistance Fund	71653
shall be distributed on or before the tenth day of the immediately	71654
succeeding month as follows:	71655

(1) Each county undivided Local Government Fund shall receive	71656
a distribution from the Local Government Fund that is based upon	71657
its proportionate share of the total amount received by it from	71658
the fund in the same month during the preceding calendar year.	71659

(2) Each municipal corporation receiving a direct	71660
distribution from the Local Government Fund shall receive a	71661
distribution that is based upon its proportionate share of the	71662
total amount received by it from the fund in the same month during	71663
the preceding calendar year.	71664

(3) Each county undivided Local Government Revenue Assistance	71665
Fund shall receive a distribution from the Local Government	71666
Revenue Assistance Fund that is based upon its proportionate share	71667
of the total amount received by it from the fund in the same month	71668
during the preceding calendar year.	71669

(4) Each county undivided Library and Local Government	71670
Support Fund shall receive a distribution from the Library and	71671
Local Government Support Fund that is based upon its proportionate	71672
share of the total amount received by it from the fund in the same	71673
month during the preceding calendar year.	71674

(G) Distributions shall not be made in accordance with	71675
sections 5747.47 and 5747.50 of the Revised Code until January 1,	71676
2008.	71677

(H) Notwithstanding section 5747.47 of the Revised Code, the	71678
Tax Commissioner is not required to issue the certification	71679
required by that section to be made in December 2007 for calendar	71680
year 2007. The Tax Commissioner may, as the Commissioner considers	71681
appropriate, provide to each county auditor additional revised	71682
estimates or other information relating to distributions in 2007,	71683
2008, or 2009 at any time during the period beginning July 1,	71684
2007, and ending June 30, 2009.	71685

(I)(1) Notwithstanding division (A) of section 131.51 of the	71686
Revised Code, on or before January 5, 2008, the Director of Budget	71687
and Management shall credit to the Local Government Fund an amount	71688
equal to three and sixty-eight one-hundredths per cent of total	71689
tax revenues credited to the General Revenue Fund during December	71690
2007. In determining the total tax revenues credited to the	71691
General Revenue Fund during that month, transfers made from the	71692
General Revenue Fund during that month to the Local Government	71693
Fund, the Local Government Revenue Assistance Fund, and the	71694
Library and Local Government Support Fund shall be disregarded.	71695
Moneys credited to the Local Government Fund under division (I)(1)	71696
of this section shall be distributed in January 2008 in accordance	71697
with section 5747.50 of the Revised Code.	71698

(2) Notwithstanding division (B) of section 131.51 of the	71699
Revised Code, on or before January 5, 2008, the Director of Budget	71700
and Management shall credit to the Library and Local Government	71701
Support Fund an amount equal to two and twenty-two one-hundredths	71702
per cent of total tax revenues credited to the General Revenue	71703
Fund during December 2007. In determining the total tax revenues	71704
credited to the General Revenue Fund during that month, transfers	71705
made from the General Revenue Fund during that month to the Local	71706
Government Fund, the Local Government Revenue Assistance Fund, and	71707
the Library and Local Government Support Fund shall be	71708
disregarded. Moneys credited to the Library and Local Government	71709
Support Fund under division (I)(2) of this section shall be	71710
distributed in January 2008 in accordance with section 5747.47 of	71711
the Revised Code.	71712

Section 757.04. Notwithstanding sections 5747.46 and 5747.47	71713
of the Revised Code or any other provision of law to the contrary,	71714
a county's actual Library and Local Government Support Fund total	71715
entitlement for the 2007 distribution year shall equal the amount	71716
that was distributed to the county's Library and Local Government	71717
Support Fund from the Library and Local Government Support Fund	71718
during the 2007 calendar year. Each county's resulting calendar	71719
year 2007 Library and Local Government Support Fund entitlement	71720
shall be used by the Tax Commissioner for purposes of determining	71721
the guaranteed share of the Library and Local Government Support	71722
Fund in section 5747.46 of the Revised Code for the 2008	71723
distribution year and shall be used by the Commissioner in making:	71724

(A) The calendar year 2008 estimated entitlements of the	71725
Library and Local Government Support Fund required by section	71726
5747.47 of the Revised Code to be certified to county auditors in	71727
July 2007, December 2007, and June 2008; and	71728

(B) The calendar year 2008 actual Library and Local	71729
Government Support Fund entitlement computations required by	71730
section 5747.47 of the Revised Code to be certified to county	71731
auditors in December 2008.	71732

Section 757.05. The General Assembly recognizes that some	71733
qualifying taxpayers are authorized to claim the credit against	71734
the commercial activity tax under section 5751.53 of the Revised	71735
Code for disallowed Ohio net operating loss deductions, and that	71736
some qualifying taxpayers are not authorized to claim that credit	71737
as that section currently exists, depending on whether the	71738
taxpayer was able to record deferred tax items on its books and	71739
records and comply with the requirements of division (D) of that	71740
section. The General Assembly further recognizes that the credits	71741
authorized under section 5751.53 of the Revised Code may not be	71742
claimed until 2010. Therefore, the General Assembly declares that	71743
it intends to consider, in consultation with the Governor, whether	71744
eligibility to claim the credit by qualifying taxpayers shall be	71745
modified before the initial credit may be claimed in 2010, with a	71746
view to extending eligibility to qualifying taxpayers not able to	71747
claim the credits under the terms of that section as it currently	71748
exists.	71749

Any term used in this section has the same meaning as in	71750
section 5751.53 of the Revised Code.	71751

Section 757.06. As used in this section, "electric company	71752
tax value loss" has the same meaning as in section 5727.84 of the	71753
Revised Code.	71754

The amendment by this act of division (D) of section 5727.84	71755
of the Revised Code is remedial in nature. The Tax Commissioner	71756
shall determine the amount of any additional electric company tax	71757
value loss resulting from that amendment. Notwithstanding the	71758
deadlines prescribed in sections 5727.84, 5727.85, and 5727.86 of	71759
the Revised Code to the contrary, the Tax Commissioner and the	71760
Department of Education shall perform all of the computations and	71761
make all of the certifications and payments described in those	71762
sections in connection with any additional electric company tax	71763
value loss resulting from division (D)(4) of section 5727.84 of	71764
the Revised Code, as amended by this act.	71765

Section 757.07. For tax years 2007 and thereafter, telephone,	71766
telegraph, and interexchange telecommunications companies, as	71767
defined in section 5727.01 of the Revised Code, shall list taxable	71768
property at the percentage of true value required in Chapter 5711.	71769
of the Revised Code. For purposes of assigning taxable valuation	71770
to each taxing district for those years, the Tax Commissioner	71771
shall continue to use the apportionment provisions of Chapter	71772
5727. of the Revised Code. However, such property shall be listed	71773
by the county auditor and certified to the county treasurer for	71774
collection under the provisions applicable to the general tax list	71775
of personal property and not upon the tax list and duplicate of	71776
real and public utility personal property.	71777

Section 757.08. Resolutions adopted by a board of township	71778
trustees of a limited home rule township pursuant to Chapter 504.	71779
and section 5709.73 of the Revised Code in December 2005 are	71780
hereby deemed to have had an immediate effective date if the board	71781
unanimously adopts a resolution so declaring. This section applies	71782
to applications for exemption under section 5709.73 of the Revised	71783
Code pending before the Tax Commissioner on the effective date of	71784
this section and to such applications filed or refiled within 90	71785
days after that effective date.	71786

Section 757.10. The Office of Information Technology, in	71787
conjunction with the Department of Taxation, may acquire the State	71788
Taxation Accounting and Revenue System (STARS) pursuant to Chapter	71789
125. of the Revised Code, including, but not limited to, the	71790
application software and installation and implementation thereof,	71791
for the use of the Department of Taxation. STARS is an integrated	71792
tax collection and audit system that will replace all of the	71793
state's existing separate tax software and administration systems	71794
for the various taxes collected by the state. Any lease-purchase	71795
arrangement used under Chapter 125. of the Revised Code to acquire	71796
STARS, including any fractionalized interests therein as defined	71797
in division (N) of section 133.01 of the Revised Code, must	71798
provide that at the end of the lease period, STARS becomes the	71799
property of the state.	71800

Section 757.20. (A) As used in this section, "zoned	71801
commercial or industrial area" means a nonagricultural area that	71802
is reserved for business, commerce, or trade pursuant to local	71803
zoning law or state law.	71804

(B) The board of directors of the Muskingum Watershed	71805
Conservancy District shall prepare written notification of the	71806
maintenance assessment to be levied by the District under section	71807
6111.53 of the Revised Code that is scheduled to begin collection	71808
in calendar year 2008. The notification shall include a statement	71809
that the District intends to levy the maintenance assessment and	71810
shall include, with respect to each person to whom notification is	71811
required to be sent under division (C) of this section, an	71812
indication of the amount of the maintenance assessment that is	71813
applicable to that person.	71814

(C) The board of directors of the Muskingum Watershed	71815
Conservancy District shall cause to be sent by United States mail	71816
the notification of the maintenance assessment that is required in	71817
division (B) of this section to each person who owns property	71818
within the territorial boundaries of the district that is located	71819
within a zoned commercial or industrial area. The notification	71820
shall be sent not later than one hundred twenty days prior to the	71821
date on which the maintenance assessment is scheduled to begin	71822
collection.	71823

Section 803.03. The amendment by this act of sections	71824
3119.022, 3119.023, 3119.29, and 3119.30 of the Revised Code first	71825
applies on February 1, 2008, or on the effective date of	71826
regulations defining "reasonable cost" issued by the United States	71827
Secretary of Health and Human Services, whichever is later.	71828

Section 803.06. The amendments by this act to sections	71829
323.151, 323.152, 323.153, and 323.154 of the Revised Code are	71830
first effective for tax year 2007, and the following provisions	71831
shall apply:	71832

(A) Notwithstanding the filing deadlines set forth in	71833
sections 323.153 and 4503.066 of the Revised Code, original	71834
applications requesting reductions pursuant to division (A) of	71835
section 323.152 or section 4503.065 of the Revised Code may be	71836
filed not later than October 1, 2007. Notwithstanding the	71837
deadlines set forth in division (A) of section 323.153 of the	71838
Revised Code for homesteads in a housing cooperative, not later	71839
than August 1, 2007, the nonprofit corporation that owns and	71840
operates the housing cooperative shall obtain original	71841
applications from the county auditor and provide one to each	71842
occupant in the cooperative. Not later than September 1, 2007, any	71843
occupant who may be eligible for the reduction in taxes under	71844
division (A) of section 323.152 of the Revised Code shall submit	71845
the completed application to the corporation. Not later than	71846
October 1, 2007, the corporation shall file all completed	71847
applications and the information required by division (B) of	71848
section 323.159 of the Revised Code with the county auditor of the	71849
county in which the occupants' homesteads are located.	71850

(B) Notwithstanding the deadlines set forth in sections	71851
323.154 and 4503.067 of the Revised Code, for applications filed	71852
pursuant to division (A) of section 323.152 of the Revised Code	71853
for tax year 2007, if the application requesting the reduction	71854
under division (A) of section 323.152 or section 4503.065 of the	71855
Revised Code is not approved or the county auditor otherwise	71856
determines that the homestead does not qualify for a reduction in	71857
taxes, the auditor's deadline to notify the applicant of the	71858
reasons for such denial shall be extended to November 1, 2007.	71859

Section 803.07. The amendment by this act of sections	71860
5711.01 and 5727.06 of the Revised Code applies to telephone,	71861
telegraph, or interexchange telecommunications companies, as	71862
defined in section 5727.01 of the Revised Code, for tax year 2007	71863
and thereafter.	71864

Section 803.09. The amendment or enactment by this act of	71865
section 4505.06, division (B)(23) of section 5739.02, and sections	71866
5739.029, 5739.033, and 5739.213 of the Revised Code apply to	71867
sales described in division (A) of section 5739.029 of the Revised	71868
Code on or after August 1, 2007.	71869

Section 803.12. Section 5705.214 of the Revised Code, as	71870
amended by this act, applies to any question submitted by a school	71871
district under section 5748.02, 5748.021, or 5748.08 of the	71872
Revised Code at an election held August 7, 2007, notwithstanding	71873
division (D) of section 5748.02, section 5748.021, or division (I)	71874
of section 5748.08 of the Revised Code as those divisions and that	71875
section existed prior to their amendment by this act.	71876

Section 806.03. The sections and items of law contained in	71877
this act, and their applications, are severable. If any section or	71878
item of law contained in this act, or if any application of any	71879
section or item of law contained in this act, is held invalid, the	71880
invalidity does not affect other sections or items of law	71881
contained in this act and their applications that can be given	71882
effect without the invalid section or item of law or application.	71883

Section 809.03. An item of law, other than an amending,	71884
enacting, or repealing clause, that composes the whole or part of	71885
an uncodified section contained in this act has no effect after	71886
June 30, 2009, unless its context clearly indicates otherwise.	71887

Section 812.03. Except as otherwise specifically provided in	71888
this act, the codified sections of law amended or enacted in this	71889
act, and the items of law of which the codified sections of law	71890
amended or enacted in this act are composed, are subject to the	71891
referendum. Therefore, under Ohio Constitution, Article II,	71892
Section 1c and section 1.471 of the Revised Code, the codified	71893
sections of law amended or enacted by this act, and the items of	71894
law of which the codified sections of law as amended or enacted by	71895
this act are composed, take effect on the ninety-first day after	71896
this act is filed with the Secretary of State. If, however, a	71897
referendum petition is filed against any such codified section of	71898
law as amended or enacted by this act, or against any item of law	71899
of which any such codified section of law as amended or enacted by	71900
this act is composed, the codified section of law as amended or	71901
enacted, or item of law, unless rejected at the referendum, takes	71902
effect at the earliest time permitted by law.	71903

Section 812.06. Except as otherwise specifically provided in	71904
this act, the repeal by this act of a codified section of law is	71905
subject to the referendum. Therefore, under Ohio Constitution,	71906
Article II, Section 1c and section 1.471 of the Revised Code, the	71907
repeal by this act of a codified section of law takes effect on	71908
the ninety-first day after this act is filed with the Secretary of	71909
State. If, however, a referendum petition is filed against any	71910
such repeal, the repeal, unless rejected at the referendum, takes	71911
effect at the earliest time permitted by law.	71912

Section 812.12. Uncodified sections of law amended or enacted	71913
in this act, and items of law contained within the uncodified	71914
sections of law amended or enacted in this act, that are marked	71915
with an asterisk are subject to the referendum. Therefore, under	71916
Ohio Constitution, Article II, Section 1c and section 1.471 of the	71917
Revised Code, the uncodified sections and items of law marked with	71918
an asterisk take effect on the ninety-first day after this act is	71919
filed with the Secretary of State. If, however, a referendum	71920
petition is filed against an uncodified section or item of law	71921
marked with an asterisk, the uncodified section or item of law	71922
marked with an asterisk, unless rejected at the referendum, takes	71923
effect at the earliest time permitted by law.	71924

If the amending and existing repeal clauses commanding the	71925
amendment of an uncodified section of law are both marked with	71926
asterisks, the uncodified section as amended is deemed also to	71927
have been marked with an asterisk.	71928

An asterisk marking an uncodified section or item of law has	71929
the form*.	71930

This section defines the meaning and form of, but is not	71931
itself to be considered marked with, an asterisk.	71932

Section 815.03. The sections of law amended or enacted by	71933
this act that are listed in this section, and the items of law of	71934
which such sections as amended or enacted by this act are	71935
composed, are not subject to the referendum. Therefore, under Ohio	71936
Constitution, Article II, Section 1d and section 1.471 of the	71937
Revised Code, such sections as amended or enacted by this act, and	71938
the items of law of which such sections as amended or enacted by	71939
this act are composed, go into immediate effect when this act	71940
becomes law.	71941

Sections 109.57, 117.11, 117.112, 122.051, 122.071, 122.076,	71942
122.17, 122.171, 122.174, 122.602, 124.152, 126.16, 126.24,	71943
126.40, 127.16, 173.35, 183.01, 183.021, 183.17, 183.33, 183.34,	71944
183.35, 183.51, 183.52, 1503.05, 1713.031, 2927.023, 3109.04,	71945
3109.041, 3119.022, 3119.023, 3119.29, 3119.30, 3301.0711,	71946
3313.615, 3313.98, 3314.015, 3314.016, 3314.02, 3314.074, 3314.08,	71947
3314.087, 3314.088, 3314.19, 3317.01, 3317.012, 3317.013,	71948
3317.014, 3317.015, 3317.016, 3317.017, 3317.021, 3317.022,	71949
3317.023, 3317.024, 3317.025, 3317.029, 3317.0216, 3317.0217,	71950
3317.03, 3317.04, 3317.05, 3317.052, 3317.063, 3317.08, 3317.16,	71951
3317.20, 3317.201, 3318.12, 3333.38, 3333.55, 3333.60, 3333.61,	71952
3333.62, 3333.63, 3333.64, 3333.65, 3333.66, 3333.67, 3333.68,	71953
3333.69, 3333.70, 3345.32, 3365.01, 3701.135, 3702.68 (3702.59),	71954
3704.03, 3704.14, 3721.51, 3721.541, 3721.56, 3735.672, 4301.43,	71955
4503.10, 4513.263, 4723.621, 4723.63, 4723.64, 4723.65, 4723.66,	71956
4743.05, 4766.05, 4775.08, 5101.802, 5101.98, 5104.30, 5111.871,	71957
5111.8814, 5112.341, 5123.01, 5123.033, 5123.045, 5123.0414,	71958
5123.0415, 5123.051, 5123.16, 5123.161, 5123.162, 5123.163,	71959
5123.164, 5123.165, 5123.166, 5123.167, 5123.168, 5123.169,	71960
5123.19, 5123.196, 5123.198, 5123.20, 5123.211, 5123.38, 5123.41,	71961
5123.51, 5123.605, 5123.99, 5126.12, 5126.15, 5126.19, 5126.25,	71962
5126.40, 5126.42, 5126.43, 5126.45, 5126.47, 5709.68, 5711.01,	71963
5727.06, division (D) of section 5727.84, 5747.47, 5747.50,	71964
5747.501, 5747.51, 5747.54, 5751.21, 5907.15, 5907.16, and	71965
6111.0381 of the Revised Code.	71966

Section 815.06. The repeal by this act of the sections of law	71967
listed in this section is not subject to the referendum.	71968
Therefore, under Ohio Constitution, Article II, Section 1d and	71969
section 1.471 of the Revised Code, the repeals go into immediate	71970
effect when this act becomes law.	71971

Sections 183.02, 183.27, 183.32, 5123.16, 5123.182, 5123.199,	71972
5126.053, 5126.431, 5126.44, 5126.451, 5747.61, 5747.62, and	71973
5747.63 of the Revised Code.	71974

The version of section 3702.68 of the Revised Code that was	71975
scheduled to take effect July 1, 2007.	71976

Section 815.09. The sections of law amended, enacted, or	71977
repealed by this act that are listed in this section are not	71978
subject to the referendum. Therefore, under Ohio Constitution,	71979
Article II, Section 1d and section 1.471 of the Revised Code, the	71980
sections as amended, enacted, or repealed, and the items of law of	71981
which as amended or enacted they are composed, go into effect as	71982
specified in this section.	71983

Sections 126.04, 173.351, 173.401, 5101.27, 5101.272,	71984
5111.89, 5111.891, 5111.894, 5123.047, 5123.048, 5123.049,	71985
5123.0411, 5123.0416, 5126.054, 5126.056, 5126.059, 5126.0510,	71986
5126.0512, and 5705.44 of the Revised Code take effect July 1,	71987
2007.	71988

The version of section 127.16 of the Revised Code that is	71989
scheduled to take effect July 1, 2007, takes effect July 1, 2007.	71990

Sections 340.03 and 5119.611 of the Revised Code take effect	71991
July 1, 2007.	71992

Sections 5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of	71993
the Revised Code and section 5727.84 of the Revised Code, except	71994
for division (D) of that section, take effect December 1, 2007.	71995

Sections 131.44, 131.51, 5705.29, 5725.24, 5739.032,	71996
5739.122, 5739.124, 5741.121, and 5741.122 of the Revised Code	71997
take effect January 1, 2008.	71998

Section 815.12. Except as otherwise specifically provided in	71999
this act, the uncodified sections of law amended or enacted in	72000
this act, and the items of law of which the uncodified sections of	72001
law amended or enacted in this act are composed, are not subject	72002
to the referendum. Therefore, under Ohio Constitution, Article II,	72003
Section 1d and section 1.471 of the Revised Code, the uncodified	72004
sections of law amended or enacted in this act, and the items of	72005
law of which the uncodified sections of laws amended or enacted in	72006
this act are composed, go into immediate effect when this act	72007
becomes law.	72008

Section 818.03. The amendment or enactment by this act of the	72009
sections of law listed in this section provides for or is	72010
essential to implementation of a tax levy. Therefore, under Ohio	72011
Constitution, Article II, Section 1d, the amendments and	72012
enactments, and the items of which they are composed, are not	72013
subject to the referendum and go into immediate effect when this	72014
act becomes law.	72015

Sections 133.01, 305.31, 307.672, 319.202, 319.54, 322.01,	72016
323.151, 323.152, 323.153, 323.154, 325.31, 4503.06, 4503.061,	72017
4503.064, 4503.065, 4503.066, 4503.067, 4505.06, 5705.214,	72018
5733.39, 5739.02, 5739.029, 5739.033, 5739.09, 5739.12, 5739.213,	72019
5741.02, 5743.01, 5743.20, 5745.02, 5745.05, 5745.13, 5747.01,	72020
5748.01, 5748.02, 5748.021, 5748.022, and 5751.23 of the Revised	72021
Code.	72022

Section 818.09. The repeal by this act of section 5743.331 of	72023
the Revised Code provides for or is essential to the	72024
implementation of a tax levy. Therefore, under Ohio Constitution,	72025
Article II, Section 1d, the repeal is not subject to the	72026
referendum and goes into immediate effect when this act becomes	72027
law.	72028

Section 821.06. (A) Except as otherwise provided in division	72029
(B) of this section, the amendments by this act to section 3317.02	72030
of the Revised Code are not subject to the referendum. Therefore,	72031
under Ohio Constitution, Article II, Section 1d and section 1.471	72032
of the Revised Code, the amendments go into immediate effect.	72033

(B) The amendment to section 3317.02 of the Revised Code that	72034
substitutes the term "state education aid" for the term "SF-3	72035
payment" is subject to the referendum. Therefore, under Ohio	72036
Constitution, Article II, Section 1c and section 1.471 of the	72037
Revised Code, the amendment takes effect on the ninety-first day	72038
after this act is filed with the Secretary of State. If, however,	72039
a referendum petition is filed against the amendment, the	72040
amendment, unless rejected at the referendum, takes effect at the	72041
earliest time permitted by law.	72042

Section 821.09. (A) Except as otherwise provided in division	72043
(B) of this section, the amendments to section 5111.014 of the	72044
Revised Code are subject to the referendum. Therefore, under Ohio	72045
Constitution, Article II, Section 1c and section 1.471 of the	72046
Revised Code, the amendments take effect January 1, 2008. If,	72047
however, a referendum petition is filed against the amendments,	72048
the amendments, unless rejected at the referendum, take effect at	72049
the earliest time permitted by law that is on or after the	72050
effective date specified in this division.	72051

(B) The amendments to division (A)(2) of section 5111.014 of	72052
the Revised Code that strike through "The" and insert "Subject to	72053
an executive order issued under section 5111.0120 of the Revised	72054
Code, the" take effect on the ninety-first day after this act is	72055
filed with the Secretary of State. If, however, a referendum	72056
petition is filed against the amendments, the amendments, unless	72057
rejected at the referendum, take effect at the earliest time	72058
permitted by law.	72059

Section 821.12. (A) Except as otherwise provided in division	72060
(B) of this section, the amendments by this act to section 5111.20	72061
of the Revised Code are subject to the referendum. Therefore,	72062
under Ohio Constitution, Article II, Section 1c and section 1.471	72063
of the Revised Code, the amendments take effect on the	72064
ninety-first day after this act is filed with the Secretary of	72065
State. If, however, a referendum petition is filed against the	72066
amendments, the amendments, unless rejected at the referendum,	72067
take effect at the earliest time permitted by law.	72068

(B) The amendment to division (H)(3)(a) of section 5111.20 of	72069
the Revised Code is not subject to the referendum. Therefore,	72070
under Ohio Constitution, Article II, Section 1d and section 1.471	72071
of the Revised Code, the amendment goes into immediate effect.	72072

Section 821.13. (A) Except as otherwise provided in division	72073
(B) of this section, the amendments by this act to section	72074
5126.046 of the Revised Code are not subject to the referendum.	72075
Therefore, under Ohio Constitution, Article II, Section 1d and	72076
section 1.471 of the Revised Code, the amendments go into	72077
immediate effect.	72078

(B) The amendments to division (A) and the third paragraph of	72079
division (B) of section 5126.046 of the Revised Code are not	72080
subject to the referendum. Therefore, under Ohio Constitution,	72081
Article II, Section 1d and section 1.471 of the Revised Code, the	72082
amendments take effect July 1, 2007.	72083

Section 821.15. (A) Except as otherwise provided in division	72084
(B) of this section, the amendments by this act to section	72085
5126.055 of the Revised Code are subject to the referendum.	72086
Therefore, under Ohio Constitution, Article II, Section 1c and	72087
section 1.471 of the Revised Code, the amendments take effect on	72088
the ninety-first day after this act is filed with the Secretary of	72089
State. If, however, a referendum petition is filed against the	72090
amendments, the amendments, unless rejected at the referendum,	72091
take effect at the earliest time permitted by law.	72092

(B) The amendment to section 5126.055 of the Revised Code	72093
that strikes through "5123.16" and inserts "5123.161" is not	72094
subject to the referendum. Therefore, under Ohio Constitution,	72095
Article II, Section 1d and section 1.471 of the Revised Code, the	72096
amendment goes into immediate effect.	72097

Section 821.16. (A) Except as otherwise provided in division	72098
(B) of this section, the amendments by this act to section	72099
5126.057 (5126.0511) of the Revised Code are not subject to the	72100
referendum. Therefore, under Ohio Constitution, Article II,	72101
Section 1d and section 1.471 of the Revised Code, the amendments	72102
take effect July 1, 2007.	72103

(B) The amendments to relettered division (A)(2) and (A)(4)	72104
of section 5126.057 of the Revised Code are not subject to the	72105
referendum. Therefore, under Ohio Constitution, Article II,	72106
Section 1d and section 1.471 of the Revised Code, the amendments	72107
go into immediate effect.	72108

Section 821.17. (A) Except as otherwise provided in division	72109
(B) of this section, the amendments by this act to section 5126.18	72110
of the Revised Code are not subject to the referendum. Therefore,	72111
under Ohio Constitution, Article II, Section 1d and section 1.471	72112
of the Revised Code, the amendments go into immediate effect.	72113

(B) The amendments to division (H) of section 5126.18 of the	72114
Revised Code are not subject to the referendum. Therefore, under	72115
Ohio Constitution, Article II, Section 1d and section 1.471 of the	72116
Revised Code, the amendments take effect July 1, 2007.	72117

Section 821.18. (A) Except as otherwise provided in division	72118
(B) of this section, the amendments by this act to section 5727.87	72119
of the Revised Code provide for or are essential to implementation	72120
of a tax levy. Therefore, under Ohio Constitution, Article II,	72121
Section 1d, the amendments are not subject to the referendum and	72122
go into immediate effect when this act becomes law.	72123

(B) The amendment to division (A)(2)(b) of section 5727.87 of	72124
the Revised Code is subject to the referendum. Therefore, under	72125
Ohio Constitution, Article II, Section 1c and section 1.471 of the	72126
Revised Code, the amendment takes effect on the ninety-first day	72127
after this act is filed with the Secretary of State. If, however,	72128
a referendum petition is filed against the amendment, the	72129
amendment, unless rejected at the referendum, takes effect at the	72130
earliest time permitted by law.	72131

Section 821.21. If the amendment or enactment in this act of	72132
a codified or uncodified section of law is subject to the	72133
referendum, the corresponding indications in the amending,	72134
enacting, or existing repeal clauses commanding the amendment or	72135
enactment also are subject to the referendum, along with the	72136
amendment or enactment. If the amendment or enactment by this act	72137
of a codified or uncodified section of law is not subject to the	72138
referendum, the corresponding indications in the amending,	72139
enacting, or existing repeal clauses commanding the amendment or	72140
enactment also are not subject to the referendum, the same as the	72141
amendment or enactment.	72142

Section 824.03. The General Assembly, applying the principle	72143
stated in division (B) of section 1.52 of the Revised Code that	72144
amendments are to be harmonized if reasonably capable of	72145
simultaneous operation, finds that the following sections,	72146
presented in this act as composites of the sections as amended by	72147
the acts indicated, are the resulting versions of the sections in	72148
effect prior to the effective date of the sections as presented in	72149
this act:	72150

Section 109.572 of the Revised Code as amended by both Am.	72151
Sub. S.B. 185 and Am. Sub. S.B. 238 of the 126th General Assembly.	72152

Section 111.18 of the Revised Code as amended by both Am.	72153
Sub. H.B. 94 and Am. Sub. S.B. 74 of the 124th General Assembly.	72154

Section 323.153 of the Revised Code as amended by both Am.	72155
H.B. 595 and Am. Sub. H.B. 672 of the 123rd General Assembly.	72156

Section 711.131 of the Revised Code as amended by both Sub.	72157
H.B. 231 and Sub. S.B. 115 of the 125th General Assembly.	72158

Section 2921.42 of the Revised Code as amended by both Sub.	72159
H.B. 150 and Am. Sub. H.B. 285 of the 120th General Assembly.	72160

Section 3301.0714 of the Revised Code as amended by Am. Sub.	72161
H.B. 79, Am. Sub. H.B. 137, Am. Sub. H.B. 276, and Am. Sub. H.B.	72162
530 of the 126th General Assembly.	72163

Section 3313.64 of the Revised Code as amended Am. Sub. H.B.	72164
137, Am. Sub. H.B. 530, Sub. S.B. 164, and Am. Sub. S.B. 238 of	72165
the 126th General Assembly.	72166

Section 3317.03 of the Revised Code as amended by both Am.	72167
Sub. H.B. 79 and Am. Sub. H.B. 699 of the 126th General Assembly.	72168

Section 3318.01 of the Revised Code as amended by both Am.	72169
Sub. H.B. 11 of the 125th General Assembly and Am. Sub. H.B. 16 of	72170
the 126th General Assembly.	72171

Section 5107.05 of the Revised Code as amended by Am. Sub.	72172
H.B. 283, H.B. 471, and Sub. S.B. 245, all of the 123rd General	72173
Assembly, and Am. Sub. H.B. 66 of the 126th General Assembly.	72174

Section 5748.01 of the Revised Code as amended by both Sub.	72175
H.B. 73 and Am. Sub. H.B. 699 of the 126th General Assembly.	72176

Section 5748.02 of the Revised Code as amended by both Am.	72177
Sub. H.B. 3 and Am. Sub. H.B. 530 of the 126th General Assembly.	72178

The finding in this section takes effect at the same time as	72179
the section referenced in the finding takes effect.	72180